I came across this interesting and thought provoking article on HR.BLR.com by Joan Farrell, the site's Legal Editor. The article, basically reporting on a speech given by Whitney Warner, a U.S attorney, tells us why some employers are more vulnerable to employee initiated lawsuits that others.
So employers, time to put your thinking caps on!
align="justify">Here's an excerpt of the article:
" There are steps employers can take to make them less vulnerable to lawsuits brought by employees or former employees; and if they are sued, there are things they can do to avoid making a bad situation worse.
Speaking at SHRM's 2008 Annual Conference, Whitney Warner, an attorney with the firm of Moody & Warner, PC, said some actions make employers more likely targets for a lawsuit, including:
<Not giving a reason for employment termination. "Most employees believe they're stars," said Warner, and if the employer doesn't give an explanation when it terminates employment, employees will try to figure out why they were terminated and will assume the reason was discriminatory.
Bad timing. If an employer takes adverse action shortly after an employee has made an internal complaint, the employer is vulnerable to a claim of retaliation. Warner suggested that HR professionals should ask managers if an employee has made a formal or informal internal complaint within the past few months before approving an employment action that might have a negative impact on the employee. "
There's increasing evidence that Employee Initiated Lawsuits around the world have witnessed a steady increase in the last decade. While a fair number of these lawsuits are frivolous, there are an equal number that have very legitimate roots and causes.
Very often, things can be settled amicably if misunderstandings are sorted out and perceptions changed. But the first step towards avoiding unnecessary litigation and possible loss of face of the company is to simply have all the systems in place.
Let your management be intuitive rather then reactive!
The Full Article:
Happy Reading!
