The last thing you want to happen is have a compensation claim made against you. Not only will you be badly hit financially but your reputation will take a hit too. 

However, there are situations where your employees might decide to sue you. In some cases, their legal claims might be insufficient so you could escape unscathed at an employment tribunal. But in other situations, their claims could be upheld. 

As the employer, you need to be mindful then. There are instances where you can be held accountable for the legal action your employees take. If you want to avoid such a situation happening, you need to fulfill your legal obligations as an employer and show a proper duty of care. If you don’t, you could be hearing from their legal team!

These are just some of the reasons why your employees might decide to sue you. 

Health and safety issues within your workplace

The Occupational Safety And Health Act (OSHA) states this in relation to an employer’s responsibility:

‘To assure safe and healthful working conditions for working men and women; by authorizing enforcement of the standards developed under the Act; by assisting and encouraging the States in their efforts to assure safe and healthful working conditions.’

Under the provisions of the law, it is your legal obligation to keep all of your employees safe. In practice, there is much you can do, from carrying out regular risk assessments of your premises to carrying out safety checks on equipment. 

Of course, we aren’t only talking about protecting your employees from accidents and injuries. There have been many instances where employees have developed illnesses and diseases while at work too. Some of these have been stress-related, and others have been the cause of environmental problems, such as cold, dampness, and asbestos. There are law firms that specialize in these cases, such as the mesothelioma law firm that deals with asbestos-related cases across the United States. 

Morally speaking, you wouldn’t want to see your employees come to any harm. So for that reason and for the legal claims that could be filed against you, adhere to your health and safety policies to protect the people who work within your business. 

Sexual harassment

Sexual harassment continues to pervade the workplace. 35% of women in corporate America experience sexual harassment at some point in their careers, from hearing sexist jokes to being touched in an inappropriately sexual way.

Almost all companies in the United States have policies that make it clear that sexual harassment is not tolerated, but many employees think their company is falling short putting policies into practice. In some companies, sexual harassment is so rampant that after many complaints to the Human Relations department, some employees have hired a whistleblower lawyer to seek justice.

To protect your company from sexual harassment, you have to:

• Adopt a clear sexual harassment policy
• Lead by example
• Train employees, supervisors, and managers at least once a year

Unlawful termination

If employees break policy rules, you do have a right to fire them. 

It’s the case in most states that you can also fire them ‘at-will’ with no notice given. You might do this if you suddenly need to save on payroll costs, for example. If this is something you abide by, you should make this clear to the employee within their contract and give them the wages they are owed before or after their termination.

However, if you do decide to let an employee go, your reason for doing so must not be unlawful. If it is, your employees have a right to challenge you and possibly file a legal claim against you if they think you are in the wrong. 

Dismissal relating to the following can be deemed unfair.

• Discrimination
• Maternity leave
• Asserting a statutory right
• Whistleblowing
• Trade union activities

There are many other instances where a dismissal can be considered unfair so it’s worth talking to your HR department to know more. 

If an unfair dismissal claim is successful, you might have to reinstate the employee. You might also have to pay them compensation. 

So, be mindful. Firing your employee for gross misconduct is one thing but if they suspect you have treated them badly, you could be headed straight to an employment tribunal. 

Workplace discrimination

The laws enforced by the Equal Employment Opportunity Commission (EEOC) protect employees from employment discrimination, such as when they are unfairly treated at work because of their gender, skin color, religion, or sexuality. 

If you were to harass your employees, pass them over for promotion, or treat them unfavorably in any other situation, a claim might be made against you. This would then go to an employment tribunal, where you will be asked to explain your behavior. 

To prevent a claim from happening in the first place, you should treat all of your employees equally. This way, your employees would have no reason to criticize you for behavior that could be classified as discrimination. 

Finally

We haven’t covered everything here. There are other reasons why your employees might decide to sue you, but the takeaway for you is this: Know where you stand legally. Get in touch with a lawyer for advice or read up on employment law. By doing so, you will have the knowledge needed to protect yourself from a legal claim. Money will then be saved and so too will the reputation of your business.