How Can Employers Reduce Litigation Exposure?

How Can Employers Reduce Litigation Exposure? Here Are the Top 15 Best Practices.

Unfortunately, employees can sue their employers for just about anything. Here are the top 15 ways to minimize your risks!

1. Consistent application of rules/policies. Being inconsistent can open the door for claims of discrimination. There are many examples here:
   1. Disciplining employees differently for the same or similar infraction;
   2. Disciplining long after an infraction, which may look forced;
   3. Over-documenting problems in short succession, which can appear unfair;
   4. Allowing one employee, but not all, to take extra leave;
   5. Allowing other policy exceptions without justification.
2. Education for employees and managers regarding discrimination based on any protected categories such as age, race, national origin, gender, religion, color, or disability.
3. Take steps to stop or prevent harassment when it was known or should have been known. Educate employees and managers what constitutes a hostile work environment. Hostile work environment includes physical, verbal, non-verbal and environmental harassment.
4. Respond quickly and adequately to workplace complaints or concerns.
5. Training managers and employees on what constitutes bullying behaviors. Managers and employees are often cited as those who are doing the bullying in the workplace.
6. Documentation is key when problems with employees occur.
7. Train managers on how favoritism can be perceived. Conversely, speaking ill of any employee to another employee should not be done.
8. Be honest during performance appraisals. This can go both ways—when an employee is unfairly targeted or an employee’s rating is inflated. This could appear discriminatory.
9. Educate managers on retaliation as a protected action, such as taking workers’ compensation or FMLA leave. Remember, retaliation does not just refer to unfair termination but can include many behaviors, such as passing over an employee for good assignments.
10. Enforce safety rules and procedures. Not acting on information received that would indicate an employee may be a legitimate safety risk for others.
11. Train supervisors and managers on what are the illegal questions during the interview process, such as questions about race, marital or familial status, religion, or health status.
12. Address every employee’s request for accommodation. Remember, even though the employee does need to request accommodation or FMLA leave, s/he does not have to use state “I need a reasonable accommodation for my disability or FMLA leave.” Train managers and supervisors on the “interactive process”. Educate managers and supervisors on confidentiality such as employee medical issues, FMLA, ADA, etc.
13. Train managers and supervisors how to effectively manage conflict in the workplace as well as potential violence.
14. Practice fair pay practices and address both verbal and written complaints from employees without retaliation. Develop a process for managers to appropriately investigate concerns. Some examples can be:
    1. Not paying overtime and requiring employees to work off the clock
    2. Paying less than minimum wage
    3. Making illegal wage deductions
    4. Classifying an employee as exempt when s/he does not meet the qualifications
    5. Not allowing lunch or breaks (depending on state laws)
15. Terminations of employees should be thoughtful and truthful, follow appropriate policy and procedures highlighted by company standards. Educate managers and supervisors on their due diligence responsibilities.

Reference: Can you eliminate lawsuits with Training? HR Daily (April 15, 2015)