Many employers run into legal trouble because they are not prepared and have no in linking of the many lawsuits they can potentially run into, courtesy of their employees. If you are an employer of a small startup then you need to aware of all the potential legal troubles that you can run into. To help you become more aware, we bring to you some common lawsuits that employers face and how to avoid the same.
1- Personal Injury
This is one of the most common lawsuits that employees bring against their employers. Contrary to what people think, this lawsuit is generally avoidable if taken the correct precautions or steps are taken beforehand. Injuries at work places are quite common and employees generally held their employers responsible in such cases.
Personal injury claims are often covered by the worker’s insurance cover for compensation and this insurance also prevents any employee from demanding any extra payment for personal injury. Public liability insurance on the other hand prevents your business against injuries caused to others. Therefore, if you want to avoid any kind of personal injury lawsuit then make sure your worker or employee has insurance and you also have bough the right public liability insurance plan. Also, make sure that you monitor and review safety conditions and the necessary guidelines to prevent any untoward accidents at your workplace.
2- Wrongful Termination
There can be a variety of reasons an employer can sued under the blanket term of wrongful termination by your employee. You can consult wrongful termination lawyers for help if you want things to go smoothly. An employee will have to provide substantial evidence for an illegal termination and this can be anything from whistleblowing, unfairness, favoritism etc. The best way to prevent this is by keeping extensive records about the employee’s performance, communication and other similar factors. These details can help you fight unjust claims of wrongful termination.
Discrimination is a powerful workplace lawsuit, one which can take a serious turn. Under the federal law, an employee files a lawsuit that he or she was discriminated against on the basis of gender, age, nationality, race, color, religion, pregnancy, religion, citizenship, genetic information and familial status. Laws for discrimination against sexual orientation and marital status vary from state to state. If a discrimination lawsuit is unjust, then the employer can easily avoid them by being more aware of the legal process and extensive documentation. Introducing diversity and inclusion at workplace can also prevent such situations.
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You need to understand The Fair Labor Standards (FLSA), which is a federal law to be aware of the correct pay regulations stipulated, among other things. The best way to avoid this kind of lawsuit is to implement the correct system and track the exact overtime hours. Make sure your HR is doing the right thing and all the process are working as they should be. Also, keep detailed records of everything.
There can be many things that can constitute harassment and this kind of lawsuit might not be necessarily against the employer himself. An employee can name his or her colleague too when it comes this lawsuit. Harassment can be physical, mental and even sexual. The best way to combat this is by strengthening anti harassment rules in your office and also by having an employee handbook. You need to make your employees aware that your workplace is going to be strictly against discrimination, racism and gender inequality. When you remove any form of discrimination from your workplace, the chances of a harassment lawsuit goes away.
So these were the common lawsuits that an employer should be aware of. By raising your awareness, you can avoid most of these common lawsuits but as an extra precaution, you can also strengthen your hiring process, enforce a good communication channel and also document your employees work. If you follow the basic rules then you should not run into any significant problem. Tell us what you thought about this article by commenting below and letting us know your thoughts.