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Employment litigation involves lawsuits between an employee and employer regarding issues such as discrimination, harassment, pay, and benefits. Employers can protect themselves by having written expectations, anti-harassment policies, and responding to complaints. Retaliation is illegal. Most cases are settled out of court.
Employment litigation is a lawsuit in which an employee sues an employer or an employer is sued because of an employment-related issue. At issue may be complaints of discrimination or harassment. Other types of labor disputes may involve pay, overtime or scheduling. Employment litigation may also include seeking an employee to take an illegal action under whistleblower protections, workplace safety violations, or matters relating to benefits such as insurance, workers’ compensation, or retirement. An example of an employee dispute brought by a non-employee is a lawsuit brought by a job applicant who feels as though employment has been wrongfully denied.
Although many employees are believed to have employment at will, many employment disputes stem from positions that have ceased. If the employer was found to have taken the action because of the employee’s race, gender, or other protected class, the action was unlawful. Employers are advised to provide employees with their expectations in writing and develop a process leading to discipline and termination in order to protect themselves from these types of employment disputes.
Another common reason for employment disputes is harassment. Harassment can be defined as any type of behavior directed against an individual that is more than what the average employee might be expected to experience. If the harassment is based on the employee’s inclusion in a protected class, such as race, gender, or sexual orientation, it is illegal. Employers are advised to have anti-harassment policies in place, enforce those policies, and respond to complaints immediately to avoid this type of lawsuit.
Discrimination is another common area of employment litigation. It may be part of another type of lawsuit, such as those based on improper termination or harassment, or it may be the cause of the lawsuit itself. Discrimination includes negative actions taken against an employee based on that person’s inclusion in one of the protected classes. It can also include discrimination based on other classes such as military status or the employee’s bankruptcy filing.
Employment litigation can arise when an employee feels as if the employer is unfairly retaliating. This can occur because an employee has exercised a right or reported some type of workplace violation. In almost all cases, retaliation is illegal.
Most employment lawsuits never go to trial. The courts throw out some cases. Most companies will try to settle the remaining cases out of court. This is done not only so that the company can avoid possible negative publicity, but also because it saves the employer time and money.
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