The workplace today is different from the workplace of old. Social justice and a call for equal rights are forcing companies to take notice of policies that may be outdated and become more aware of how they treat their employees. While companies should always take care to create good company policies and employee contracts, lawsuits can still happen. When that happens, it is important to have a passionate legal defense attorney to help guide you through for a more favorable outcome.
Here are some of the most commonly reported employee lawsuits that businesses face:
- Negative treatment. No one wants to be made to feel they are not valued as an employee. If an employee feels they are being treated poorly at work, suffering from sexual harassment, ageism, racism, etc. they will likely take legal action.
- Discrimination of Protected Activities. Certain activities, such as exposing illegal activity in the workplace (whistleblowing), and worker’s compensation (filed for injuries or illness suffered on the job) are both protected under the law. If discrimination occurs, legal action can be taken and the law will be on the side of the employee.
- Bad Managers. Those who run larger businesses may not have daily interactions with employees or even those who manage them directly. However, you are still responsible for how those managers are treating your employees on a daily basis. In some cases, it could be a case of stress or short staffing that causes issues, but it could also be that the manager is harassing, belittling or even abusing the employee. These claims must be taken seriously and investigated so as to ensure employees that this type of treatment will not be tolerated.
- Failing to Enforce Policies Fairly. It is important for your HR department to maintain an updated employee manual and make sure it is easily accessible to employees. When hired, employees receive this manual and expect that the policies therein will be followed and enforced fairly. Favoritism or special treatment should not be shown/given. All employees should expect equal and ethical treatment. If an issue occurs where that is not the case and is not quickly addressed, the employee may seek help from the law.
- Termination After Positive Performance Reviews. Regular (quarterly, yearly) performance reviews are helpful for gaining an understanding of how an employee feels their job performance is as well as offering a chance for an employer to offer helpful feedback on employee performance. Consistency is encouraged, as this helps to ensure that both parties are on the same page. If an employee were to receive mostly good reviews then are terminated, they may believe it is for some other reason that their performance and may choose to consult a lawyer if they believe it could be due to some form of discrimination.
- Failing to Respond to an EEOC Charge. It is important for businesses that receive a notice of complaint from the Equal Opportunity Employment Commission (EEOC) to take it seriously. It is most likely that a job applicant felt that they were discriminated against during the hiring process.
Speak with an Orlando Employment Attorney —
If any of the above apply to you, speak to one of our employment attorneys.
Any complaints that your HR office receives should be dealt with swiftly and efficiently, but with care in order to avoid a lawsuit. You may also wish to consult with an employment attorney regarding help with handling employee complaints, contract drafting, and other legal matters. For more information on how we can help, contact The Sackman Trial Group at (321) 558-7000.