Employees have very specific rights when they are working. One of these is that they shouldn't have to work with the fear of being retaliated against when they make a complaint against something illegal that's going on within the business. You must have a specific plan to combat the possibility of retaliation happening.
Employers must ensure that they are taking steps to protect their business from things that can lead to legal issues. One of the primary areas that they need to focus on is employment law. It is imperative that companies take care of their workers since those individuals are the face of the company.
One of your employees has not been getting the job done. Their performance simply hasn't been what you were looking for. They haven't done anything that warranted firing them instantly, but you do know that it's time to let them go and find a replacement.
One of the most dreaded duties of management is having to terminate an employee, but this isn't always something that you can avoid. When the time comes to handle this duty, make sure that you have everything in order to make sure that the company doesn't face litigation because of the termination. If your company does face a claim, being able to combat it becomes the priority.
When an employee files a complaint against your company, your first thought might be to protect your business by removing that person. You can't do this because it is considered retaliation to fire someone simply because they filed a complaint against your company.
Employers have to walk a fine line between ensuring that their employees have what they need to get the job done and protecting the bottom line. When workers have disabilities, the company will have to determine what reasonable accommodations it needs to make for the person. This is sometimes a complicated matter because there isn't a list of required accommodations.
Employment litigation is something that many business owners don't ever want to have to deal with. These cases can take considerable time and energy. In some cases, they are expensive to handle. It is always better to try to thwart situations that might lead to litigation. This isn't always easy, but the first step is having a solid employee handbook that is filled with policies that align with the law.
Workers sometimes need to take time off of work for medical reasons or to deal with a family situation. The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 weeks of unpaid leave per 12-month period to handle covered issues. For employers, understanding what qualifies as a valid reason for the time off is necessary since denied claims that should have been approved can lead to issues.
You need to ensure that your business avoids any retaliation against employees who are participating in protected activities. It is easy to understand that a manager might get upset when a complaint is filed against them for something like violating wage and hour laws or harassment laws -- but they can't be permitted to act on those feelings in a way that could be construed as retaliation. Under the bounds of federal law, retaliation is something that can lead to litigation against your company.