Avoiding illegal conduct is always a good strategy for avoiding employment litigation. However, there are many legal things that employers and managers do that can also lead to litigation. Here are five things that often lead to employment litigation:
1. Workplace Romances – while consensual relationships in the workplace are not illegal, they often lead to litigation when they end.
2. Nepotism – giving preferential treatment to friends and family in the workplace is legal but it often leads to unfairness and drives aggrieved employees to court.
3. Not Enforcing Policies – with a few exceptions (such as EEO policies), employers are not legally obligated to enact policies or follow their policies. Nevertheless, employers should avoid enacting policies they will not or cannot enforce.
4. Conflict Avoidance – no one likes conflict but failing to address issues, even issues that don’t seem to violate workplace rules, often leads to litigation.
5. Being a Jerk – technically, it is not illegal to be a jerk but even an equal opportunity jerk with no discriminatory animus will land you in court.
Listen to the new episode of The Practical Employment Law Podcast for insights on these issues and more.
Comments or questions: Contact Mark Chumley at [email protected] or visit www.kmklaw.com
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