Employer-employee relationships turn sour due to employment disputes that usually turn to lawsuits.
Employment disputes create distrust and animosity between the employer and the employee and sometimes there is nothing left to do but to bring the case to court.
Sometimes the employer wins and sometimes they lose, whichever is the case, employment lawsuits usually end any good employer-employee relationships.
Here are some of the most common causes of employment lawsuits:
This usually happens when an employer hires an employee without being clear about the terms of the employment.
Â· Scope of work
Â· Actual duties
Â· Rate of pay/wage per hour
That is why employers must clarify everything to the employee before they come on board.
Whatever the reasons are, employees usually seek advice from an employment attorney regarding their legal options after a termination.
And even the slightest cause could lead to a lawsuit.
Some of the most common cause of wrongful terminations are:
Â· Not following own termination procedures
Â· Breach of contract
Â· No just cause
Â· Breach of covenant of good faith and fair dealings.
If the employer makes employment decisions that are based not on the employee's performance then he may have committed discrimination.
Here are some federal laws that prohibit discrimination in the workplace:
Â· Article VII of the Civil Rights Act â Prohibits discrimination based on race/color, sex/gender, religion and national origin.
Â· Americans with disabilities Act â Prohibits discrimination of qualified employees based on their disability.
Â· Age Discrimination in Employment Act â Prohibits discrimination of employee who are 40 years old and above.
Â· Equal Pay Act â Under this law, employees of the opposite sex should be give equal pay for doing the same job.
Breach of Employment terms
An employer may also sue an employee if they violated some terms of their employment.
Some of the employment clauses that are usually strictly enforced by companies are:
Â· Non-disclosure agreement â this is a signed form agreement where the employer provides the employee confidential information and the employee promises not to share the information to anyone else.
Â· Non-compete clause â this is a formal agreement where the employee agrees not to work for a competing companies for a specific period of time after their separation with their employer.
To avoid these employment disputes, employers should have clear and unambiguous policies that will handle these conflicts in the workplace.