Most employers still believe that just because they may be ‘good’ to their workers, they are not breaking some employment laws. Though this may sometimes be the case, employers often get surprised to learn the causes of an action based upon which their employees can file different types of lawsuits.
To be less vulnerable to workplace lawsuits, every employer must stay up-to-date with regarding different federal and state laws that might impact their companies. However, doing this is easier said than done. Some of the employers often break the various laws regarding personal injury, discrimination, overtime, wrongful termination, and harassment.
While these violations seem obvious, the relevant laws are quite nuanced, and business owners or employers might not realize that even smaller details may go a long way in helping them avoid these types of lawsuits. Here are the common workplace lawsuits you should avoid.
Lawsuits regarding personal injuries
One of the employers’ nightmares is a slip and fall claim or any other personal injury lawsuit brought against their companies. The truth is, these lawsuits are preventable. Companies may be held responsible for different injuries that a worker suffers while at work. As an employee, you should know what to do if you slip and fall in a store – seek compensation for the damages.
Generally, claims associated with on-the-job personal injuries are often covered by the worker’s compensation policy. This type of policy prevents a worker from seeking damages in excess of the particular payment received from their worker’s compensation plan. Therefore, every employer needs to get worker’s compensation to avoid costly personal injury lawsuits. Besides, employers should respond to all safety issues communicated by the maintenance team or even the employees.
Workplace harassment and discrimination
Discrimination is a common type of workplace lawsuit that every employer should avoid. A worker who is a member of federally-protected classes such as race, gender, national origin, color, disability, age, pregnancy, and more can file a lawsuit against you, the employer, in case the employee feels that he or she was treated unfairly.
Harassment does not require that a worker be a member of the federal-protected or state-protected classes. This is because flat-out hatred and bullying can apply to nearly everyone. However, harassment is often associated with membership in the protected classes. Note that it can range from benign actions or statements to outright actions and statements.
Unpaid overtime lawsuits
If improperly tracked and misunderstood, overtime can be very tricky for both employers and employees. To protect businesses from overtime lawsuits, employers must implement accurate processes and systems that can correctly track the period each employee has worked.
By ensuring that these processes and systems are in place, business owners and employers can rest knowing that they’ve taken the right proactive steps to monitor the hours worked accurately.
Wrongful termination lawsuits
Unlike harassment and discrimination, wrongful termination isn’t an actual cause of a specific action upon which a worker can file a case. It is like a blanket term that describes different causes of action, whether direct or indirect, that lead to wrongful termination of a worker.