Employers are also having problems when it to legal cases. These days it’s common news to hear about employers getting sued by employees. Employees should be careful with their actions since there are penalties and liabilities if they violate certain labor laws. We should avoid these cases as much as we can. There are a lot of cases but here are the top five reasons why employers get sued:
1. Unlawful Pre-Employment Questions
Employers must be careful to the question they give out during the interview process. It should not discriminate anyone who’s applying for the job. The Americans with Disabilities Act makes it very crucial for employers to ask only what they’re allowed to and that they have to equally treat all applicants. The interview and application process should be standardized. Questions should only focus on the job requirements and the skills needed to perform in the position.
2. Dishonest Evaluations
Companies do evaluations or assessments on their employees from time to time. Many managers can get caught on questionable review on employees, especially those with low performance. It can be turned against the employer especially when a terminated employee uses the paper trail for wrongful termination. It’s better to base the employee review on objective criteria and taking down notes if the standards don’t pass. Also avoid giving out personal comments.
3. Termination Errors
Employees could be fired, but only with the right and legitimate reasons. It should also be within the company policy and labor laws. Employers want to move on after firing an employee. But there should be a cautious review process and to make sure that oral or written promise of continued employment were not made. Information about employee termination should be well-planned and should be kept private within the company.
4. Reckless Disciplinary Decisions
An act of disciplinary decisions that comes out of emotion can come from employers sometimes. This is not good for the company and the employer. They should first gather proof and review the employee’s actions if they’ve violated a company policy. Employees should also get a chance to state their side of the story. Disciplinary decisions on employees should also be well-planned and is only given after a great consideration.
5. Docking Employees Illegally
A lot of cases by employers docking their workers have been brought to court. There are legal ways to reduce your employees’ salary for disciplinary actions, but they are limited. Managers should consult with the HR before doing this. The law can have substantial penalties for illegal docking. Employees should also be consulted when his or her salary is docked.
Long, T. Y. (2016, October 26). Reasons Employers Get Sued • The Long Law Group, PC. Retrieved January 15, 2017, from http://www.tyllaw.com/reasons-employers-get-sued/
The Top 10 Reasons Employers Get Sued. (2006, August 28). Retrieved January 15, 2017, from http://hrdailyadvisor.blr.com/2006/08/28/the-top-10-reasons-employers-get-sued/
(2015, September 21). Top 10 Reasons Employers May Get Sued. Retrieved January 15, 2017, from http://peoplescapehr.com/top-10-reasons-employers-may-get-sued/