There is a heightened awareness of discrimination in the workplace, and people are more informed than ever about what counts as harassment, exploitation or discrimination. Every workplace faces a risk of becoming a place where such behavior occurs, because employers simply cannot control the actions of all of their employees. However, when these instances do occur, it can be extremely detrimental to the company in question because it is costly, diminishes morale, and can generate negative publicity which can damage the business' reputation. The following are some key ways to prevent a discrimination lawsuit being raised at your company.
As an employer, it is well within your interests to make sure that any intellectual property, as well as loyal clients, are not "stolen" by any former employee after he or she leaves your company. Therefore, it is very important that you include some kind of noncompete agreement in their employment contract.
As an employer, it can be a daunting prospect to know what is expected of you when it comes to putting anti-discrimination practices into place. Many employers can feel confused in regard to the standards that they must adhere to and the extent to which they must go in order to ensure that the appropriate safeguards and practices are in place.
Making the decision to fire an employee is never an easy one. Having the conversation with the employee is in itself difficult, but it is also to some extent accepting defeat in the hiring process. You hired someone who was clearly not appropriate for the role, and in doing so, your business has incurred unnecessary hiring costs and spent money on salary that was not correctly utilized.
It's never easy to fire an employee. In addition to the difficult conversation that needs to occur, you may also be worried that if any procedure is not followed through properly, that the former employee may seek legal action for improper termination.
Business litigation is on the rise in the United States. A U.S. federal court statistic from 2012, showed that during that one year, judges made 760 decisions having to do with noncompete agreements (NCAs). That number marked a 61 percent increase over the rate from 2002.
The Americans with Disabilities Act (ADA) was put in place for the purpose of protection for Americans that suffer from disabilities. This protection extends to disability in employment, government (both state and local), transportation, telecommunications and public accommodations. The act prohibits discrimination in all areas.
The hiring of independent contractors has many pros and cons that are complex. It is important, however, to make sure that you avoid classifying workers as independent contractors when they are actually full-time employees.
It can be a real hassle to keep track of which employees have used how much of their vacation days, floating holidays, personal days, charitable time and sick leave, especially when their days continue to accrue throughout the year. You might invest in some costly software or have routine audits performed, but there could be an easier way. And for once the easier way might also be the better way.