How Should A Business Handle Employee Issues?
Most businesses recognize that a hoard of employee issues can cripple the reputation and daily operations of the company. Moreover, employment malpractices cause possible lawsuits that drag small and mid-sized businesses into bankruptcy. Therefore, consulting a business lawyer for any drafting, altering, or implementing of employment practices protects your business from future employee issues.
What Are The Most Common Employee Claims?
Due to the extensive network of federal and state laws protecting employees from negative employment practices, employers struggle sometimes to comply to the full extent of the law. Therefore, employees file claims with the Equal Employment Opportunity Commission (EEOC), the Pennsylvania Human Relations Commission (PHRC), or a another court. While the below list offers the common claims filed against businesses, other more obscure issues threaten the prosperity of your business.
- FLSA wage violations
- FMLA medical leave violations
- Sexual harassment
- Age, disability, race, and sex discrimination
- Under federal law, such claims are filed with the EEOC
- Under Pennsylvania state law, such claims are filed with the PHRC
How Should A Business Deal With Sexual Harassment Claims?
A sexual harassment claim needs to be handled immediately with dignity and wisdom because this issue spins quickly out of control. Therefore, separating the accused and alleged victim from daily interaction may be wise while investigation of the claim is conducted. Generally, a claim of sexual harassment falls into one of two categories: quid pro quo or hostile work environment.
Hostile work environment occurs when an employee experiences unwelcome sexual advances from another individual in the workplace, resulting in reduced work productivity and increased fear for physical and emotional safety in the workplace.
Quid pro quo happens when an employee faces the choice of accepting unwelcome sexual advances in exchange for gaining work benefits or avoiding negative employment actions.
How Should A Company Handle Employee Negligence?
Hiring, training, and retaining employees attracts a number of liability issues for every business. According to the doctrine of respondeat superior, the employer maintains responsibility for all employee acts during the employee’s employment with the company. Therefore, a business prevents future problems with careful screening, training, and supervising. However, in the case of a possible liability issue, employees should report and document the accident immediately to ensure proper attention was given to the issue.
How Can A Business Prevent Employment Claims?
Since a business faces many possible claims throughout the life of the business, a smart employer prevents future employee claims in the following four ways. Moreover, a business lawyer improves upon each of these areas ensuring that your business complies to the law and that the documents do not contain legal loopholes.
- Employee handbook – any Pennsylvania employer with 4 or more employees should have a custom employee handbook drafted and distributed to employees
- Training – managers and HR staff should be regularly trained to recognize legal issues
- Reporting systems – employees should be provided with official avenues to report suspected workplace policy violations so they can be investigated quickly and efficiently
- Records – detailed written records should be compiled as early as possible after a violation is reported or suspected
If you suspect that your business needs a check up of its business and employment practices, contact a business lawyer because he or she recognizes what your business needs to prevent legal problems. Not only will a business attorney offer advice for unique situations, a lawyer strengthens your business documents, contracts, and training materials to protect you from liability problems. Call us.