Avoiding HR Litigation: for HR Professionals & Business Owners
Employees make the best dates. You don’t have to pick them up and they’re always tax-deductible. — Andy Warhol
Avoid HR and Employment Litigation
(About a half dozen tips your defense counsel never told you)
1. How to Discourage Those Without Claims from Litigating “Perceived” Wrongs.
Somtimes even the most scrupulous compliance is not enough.
Although he would not take such cases, Mr. Kroner found that many current and former employees sought representation for perceived wrongs notwithstanding that there was no basis for their perceived case. Unfortunately, there are many lawyers who are willing to represent your current and former employees, with little regard for the merits of their purported claims.
Why do employees bring such claims and what can be done to discourage them? The easy answer is to attribute all such claims to greed and dishonesty. But a superficial approach offers little to help discourage these claims.
Sophisticated HR professionals can do more than call names. They can and do discourage employees from filing frivolous claims.
Learn various practical, easily implemented and inexpensive employment practices that discourage frivolous claims.
2. How to Create an Environment in which Employees With Claims Not Litigate.
As a lawyer who used to handle mostly plaintiffs’ employment claims, including opt-in class actions, Jonathan Kroner developed insights into a class of employees distinct from those described above — people with bona fide cases who chose to not seek legal recourse.
As a lawyer who made a living representing employees with legitimate claims, Mr. Kroner explored the motivations of current and former employees with legitimate claims who chose to not litigate those claims. What he learned is the basis of this part of the workshop. He provides a checklist of easily implemented policies and practices.
Insights into this type of employee should be of interest to proactive HR professionals since, notwithstanding HR and upper management’s policy of strict adherence to the letter and spirit of the law, there are still incidents when an employer runs afoul of a rule or regulation. This can be due to the complexity of the rules, changes in rules, or lower management or staff’s noncompliance — inadvertent or otherwise.
Mr. Kroner has seen no published research or other report that includes these practical steps to Creating an Environment in which Employees With Claims Do Not Litigate.
* You should contact an attorney in your jurisdiction to obtain advice with respect to any particular issue. If you contact us through this site, you should understand that the communication does not create an attorney-client relationship. The hiring of a lawyer is an important decision that should not be based solely upon web sites or promotional materials.
By the time an employer is hiring defense counsel it has already “lost” due to the waste of time and energy and talent. Sophisticated employers understand the cost savings of planning to avoiding problems, rather than fixing problems, such as defending a lawsuit.
For information on Jonathan Kroner’s legal practice: http://floridafalseclaim.com/.