Employment Litigation: Defending Lawsuits from Your Employees

One of the greatest challenges for employers of small and mid-sized businesses today is navigating the myriad of applicable employment laws. Employers and employees are often unaware of labor and employment laws until it is too late and a lawsuit has already been filed. Employment litigation can affect the business operations, the production, and ultimately one’s bottom line.

Employment litigation defense often refers to defending lawsuits due to management mistakes or from unreasonable employees. The claims can include issues related to gender or racial discrimination, sexual harassment, wage and hour laws, overtime pay, wrongful termination, or meal and rest breaks.

For many smaller businesses, the key is prevention. Employers must comply with a multitude of employee-protective laws and should consult with an attorney early on. Once a lawsuit has been filed, nearly all of the business owner’s employment policies will be scrutinized. The plaintiff will attack anything and everything related to compliance with employment laws. For example, they will point out errors in medical leave or sick days policies, hiring decisions, performance policies, privacy issues, employee benefits, and a host of other issues.

Failure to comply with California employment law and federal employment law makes employers easy targets for potential claims. Preventive measures, such as properly handling employee complaints and making sure personnel policies are consistently enforced, may be crucial to preventing and minimizing exposure to employment related lawsuits.