Advice for Avoiding Employer LiabilityAdvice
The best advice for avoiding employer liability with an aggrieved employee is to talk to them. However, if they’re already lawyered up and there’s going to be a lawsuit, you should talk to your attorney about whether or not that’s a good strategy because what you say can and will be used against you during litigation. If you do speak with the employee, you should assume that everything is being recorded, but that doesn’t mean it’s not worth trying if the opportunity presents itself.
Human connection can diffuse a lot of employment disputes, and it is unfortunate when parties get into their corners and don’t talk to each other. People who do not communicate are especially likely to end up dissatisfied with the result of a case. A lot of times, a potential plaintiff just wants to be heard, so it can be advantageous to just listen to what happened, express sympathy, and mitigate some of the emotional distress.
You should also be considering any non-monetary issues your employees may be having. There could be many things that are equally important to the person who is thinking about suing their employer that don’t involve money. For example, non-compete agreements are usually signed at the start of a worker’s employment and prevent them from working for your competitors after they leave your company.
In reality, these agreements end up being very emotional charged for both sides and are not worth the legal fight in the end. Most of these agreements are going to die a natural death in some computer file, so it is important to think about which provisions end up in them and whether they are necessary.
Title VII Reconsiderations
The US Supreme Court is considering this term whether Title VII of the Civil Rights Act covers same-sex workplace discrimination. There is disagreement in the courts about whether the language about sex in the law includes discrimination based on sexual orientation.
Some are claiming that, based on the original intent of the law, Congress was not considering sexual orientation when they passed this in 1964. Other courts have said that if you discriminate against someone because they are in a same-sex marriage, that is in direct violation of the gender-related provisions of the Civil Rights Act. This is referred to as the split in the circuits because some claimants will be covered while others won’t be.
However, if the Supreme Court finds that Title VII does not cover members of the LGBTQ community, Congress could change that if they wanted to. They can amend it, and it wouldn’t matter what the Supreme Court said.
You should expect and prepare for state and local laws to continue getting more progressive and employee-friendly. For more advice for avoiding employer liability, call an attorney from the Spiggle Law Firm today.