Ten Ways Employers Get Themselves Sued
Sterling Miller
CEO, Three-Time General Counsel, Author, Keynote Speaker - currently CEO & Senior Counsel at Hilgers Graben PLLC.
As you likely know, I love it when law firms give practical advice on common issues facing in-house lawyers. I came across a great two-part series by Robin Shea listing ten common ways employers get sued over employment issues. You can read Part 1 here and Part 2 here. From the series:
"No. 10: Getting even with your "squeaky wheels." As I noted last week, retaliation violates just about every employment law that exists. It is very human and natural to be upset when an employee complains internally, not to mention when he files a charge, or testifies against you or cooperates in a government investigation of your company. If any of these things happens and the employee is still working for you, consult with your lawyer before taking any disciplinary action against the employee or -- heaven forbid -- terminating the employee. Heck, consult with your lawyer if you doubt your ability to carry on at work as if nothing had happened. Even if the employee was mistaken, he's still protected as long as he acted in good faith."
If you are an in-house lawyer, it's worth reading these two posts. Even better, make a list and take steps (working with HR) to ensure your company understands the rules and stays on the right side of the line. Stepping over it is simply not worth the cost and hassle of litigation and damage to the company's reputation. See also my legal blog, "Ten Things You Need to Know as In-House Counsel," and my post on how legal and HR can work together to reduce risk.