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When you hire employees to build your team, you might be envisioning a mutually beneficial relationship. However, accidents can happen, and you may find yourself tangled up in a lawsuit with one or more of these individuals. Here’s a closer look at some of the most common workplace lawsuits and how you can prevent them from happening.

What Are Some Common Workplace Lawsuits?

1. Discrimination 

There are many forms of discrimination that an employer can be sued for, but cases usually stem from unfair treatment based on a protected category, such as gender, race, age, religion, sexual orientation, or disability. For example, an employer may be sued if they fire or lay off an employee because they are opposed to their sexual orientation.

To avoid this lawsuit, assess your decision-making when hiring and firing, and avoid making assumptions or generalizations based on an employee's lifestyle, appearance, or disability. The Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act are some acts that safeguard people in these protected categories.

2. Personal Injury

lawsuitLawsuits sometimes occur due to workplace injuries. If an employee falls off a faulty ladder in your warehouse and breaks their leg, they could potentially sue you for failing to maintain your equipment. As a result, you would be liable for their medical bills, lost wages, pain and suffering, and other damages.

However, if you have workers’ compensation insurance, you can prevent a lawsuit from even happening in the first place. Instead of filing a suit, the employee can file a workers’ compensation claim, which will allow them to receive a portion of their normal paycheck while they recover.

3. Overtime

If your employees work over 40 hours a week, they’ll be eligible for overtime pay for the excess time (which is usually 1.5 times the normal rate of pay). However, tracking these extra hours can be difficult in the midst of your busy schedule.

If an employee doesn’t receive the overtime pay they worked for, they may file a suit according to the Fair Labor Standards Act. The best way for employers to prevent these lawsuits is to implement an overtime tracking system with software that allows workers to digitally clock in and out. It’s also important to invite employees to review their paychecks and ask for adjustments if they notice an error.

 

If you’re facing a lawsuit from an employee, turn to PoindexterHill P.C.  in Waynesboro, VA. Since 1976, this firm has been helping business owners with a wide range of cases, including workers’ compensation claims and personal injury suits. Learn more about their areas of practice online, or call (540) 943-1118 to arrange a consultation.

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