Top Ten Reasons Employees Sue Their Employer

transcript

THE TOP TEN REASONS FOR EMPLOYMENT

RELATED LAWSUITS

Brian C. Ussery, EsquireThompson, Sizemore, Gonzalez & Hearing, P.A.

201 North Franklin StreetSuite 1600

Tampa, Florida 33602(813) 273-0050

INTRODUCTION

A disgruntled applicant, employee, or former employee can bring a lawsuit against your company at any time. A vigilant employer can avoid many of these suits, and effectively defend those that are filed, if it understands the factors that drive an employee to the courthouse and proactively reduces the bases for liability.

Reason 1 –

An applicant believes he or she should have been

hired.

A vigilant employer will . . .

Establish objective qualifications for available positions (job descriptions, job postings, etc.)

Establish a consistent application/interview process

Update or remove advertisements and postings once position has been filled

Establish “expiration dates” for applications/resumes

TRAIN YOUR INTERVIEWERS!!!!

Reason 2 –

An employee believes he or she was unfairly

disciplined.

Publish expectations for employee conduct

Establish a process for progressive discipline

Adopt a process to ensure consistent application of discipline

Establish means for documentation and notice to the employee

Train your supervisors!!!!

Reason 3 –

An employee believes he or she was harassed.

Consider the “Rule of Mom” Adopt a policy forbidding harassment and

discrimination of any kind Establish a mechanism for employees to

report suspected harassment Act promptly to respond to complaints –

NEVER IGNORE THEM OR UNDERESTIMATE THEM – the goal is to end the inappropriate conduct

Reason 4 –

An employee believes he or she was subjected to

discrimination.

A vigilant employer will . . . Understand the protected classes (Sex/Gender;

Race; Color; National Origin; Religion; Age; Disability)

Consider “other” protected classes (sexual orientation; military status; union affiliation; bankruptcy; immigration status; workers’ compensation, FMLA leave, etc.)

Understand the concepts of “intentional discrimination” versus “unintentional discrimination”

Demand consistency in the enforcement of expectations and policies

Reason 5 –

An employee believes he or she was subjected to

retaliation.

Understand the dangers of a retaliation claim

Understand the concepts of “statutorily protected activity” and “whistleblowing”

Exercise due diligence- legitimate reason for adverse action?- can we prove legitimate reason?- can we prove others treated same way?

Reason 6 –

An employee believes he or she was not provided accommodation for

disability.

Understand the definition of “disability” Not seek to identify disabled

applicants/employees Establish procedures for an employee to

request accommodation Communicate following a request Understand the interaction between

workers’ compensation, FMLA, ADA. Train your supervisors!!!!

Reason 7 –

An employee believes he or she was terminated due to

illness or injury.

Establish and publish sick time/leave policies

Identify its obligations under FMLA, if any

Identify its employees’ rights under FMLA, if any

Refrain from interfering with those rights, or from retaliating against an employee who exercises his or her rights

Reason 8 –

A former employee believes he or she was defamed

following the separation of employment.

Establish procedures for responding to job reference requests.

Consider providing only factual information concerning dates of employment, position held, salary/hourly rate, etc.

Keep confidential information confidential (social security numbers, drug test results, etc.)

Reason 9 –

A union is attempting to organize the workplace.

A vigilant employer will . . . Understand the dangers involved in

unionization Recognize that it has more freedoms than

restrictions in combating unionization (T.I.P.S)

Be proactive in educating employees Be proactive in alleviating the pressure

points a union may use to sell or justify unionization to the employees, and communicating with employees about issues that cannot be addressed due to business/financial concerns

Train Supervisors to be the eyes and ears of the company

Reason 10 –

A competitor believes the company has interfered with

its business or stolen its employees.

Identify whether applicants/employees have prior employment agreements prohibiting competitive employment

Consider the benefits of using those agreements with its own employees

If you don’t learn anything else, always remember . . .

Every applicant, employee, and former employee represents a potential lawsuit against your company.

Consistency is the key to avoiding liability Published and effective policies are the key

to maintaining consistency Documentation is key to proving

consistency Your company = your supervisors. Educate

them. Demand vigilance, loyalty, and accountability from them.

Brian C. Ussery, EsquireThompson, Sizemore, Gonzalez &

Hearing, P.A.201 North Franklin Street, Suite 1600

Tampa, Florida 33602

(813) 273-0050 (phone)(813) 273-0072 (fax)

bussery@tsghlaw.com

Top Ten Reasons Employees Sue Their Employer

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