Employees sue employers, or former employers, for a variety of reasons. The most common, according to lawyers from https://ncplanning.com, include being treated badly, and an unfair enforcement of rules and policies. Here are four tips to deflecting employment lawsuits:
- Documentation is one of the best strategies to prevent or win employment lawsuits. According to an employment attorney at www.geonetta-frucht.com/areas-served/oakland/employment-attorney/, a written employment record can help convince an opposing attorney not to file suit or convince a judge in your favor if a suit goes to trial. While documentation is key to avoiding lawsuits, ensure that all documentation is written in a businesslike manner and includes only information that is believed to be true and factual (if not, even a homeowners insurance claims attorney can pick out the error). When a suit is filed, the employee’s attorney may seek discovery. You are obligated to provide any, and all written information pertaining to the employment of said employee. This can include email, voicemail, notes, memos, formal counseling, warnings, etc. You may be asked to explain the meaning of your documents under oath. Being in the habit of writing in a businesslike manner will serve you well.
- Employee misconduct, unacceptable attendance, or unacceptable performance should be addressed early. This is particularly true of new hires, who need guidance. Feedback should be honest, timely and in writing. Include a corrective action in the documentation. Keep the message on the performance. Don’t let it get personal.
- Treat employees fairly. Giving in to an employee’s frequent demands for exceptions to the company rules, policies, or procedures can open the door to potential lawsuits. You can find this useful and lawfully make exceptions to your policies when it makes good business sense, but you must document that decision and explain the business rationale for doing so.
- Train your staff and enforce your policies fairly and consistently. You must inform employees of the rules and what actions constitute violations. Regulatory agencies and courts ask for evidence that you have instructed employees on your rules. If you use an employee handbook, publish and distribute it. Hold employee meetings and post information on bulletin boards (physical or electronic) to communicate your policies. It is imperative that all supervisors and managers are aware of the fundamentals of discrimination and fair treatment. Management personnel are acting agents of the company and are never off work. Stiff penalties have been levied for inappropriate or unlawful actions by supervisors and management, on and off the worksite.
The basic principle of treating your employees equally, fairly, and with respect is the best shield against employee lawsuits. Address any issues early. Train your staff and supervisors. However, you can visit SPZ Legal website to contact the best lawyers near you.
Here you can find a very good explanation on how to win a car accident case Document well and in a businesslike manner. While this strategy cannot guarantee an employee won’t ever file a lawsuit against your company, it will greatly increase the chances of the suit being dropped, or for a favorable verdict.