How to prevent a wrongful termination lawsuit from employees

A wrongful termination lawsuit occurs when an employee seeks legal remedy on the employer's failure to correct misconduct or discrimination in the workplace.

More often, a wrongful termination lawsuit is filed by an angry employee who garnered damaged reputation and rights. Common wrongful termination cases involve issues in sexual harassment, racial/age/gender discrimination.


According to case reports, majority of the wrongful termination lawsuits stem from unresolved conflicts and unsettled issues between the employee and the employer. This reveals something on the internal legal process and communication of companies.

No matter how controversial or tough the conflict in the workplace is, good management and fair grievance procedure can resolve problems and issues. Even if the employee refuses to accept the settlement offer and pursues a lawsuit, the result of the fair mediation will provide enough legal defenses.

To prevent even the onset of a grievance hearing, you can follow these guidelines:

1. Carefully abide with the EEOC regulations. Even before you draft your company policies or employment handbook, you must have a clear understanding of what federal laws stipulate on labor rights. This includes prohibition on any form of discrimination or harassment on the basis of race, gender, age, disability, ethnic origin, or religion.

You must be able to familiarize yourself with Title VII Civil Rights Act and California Fair Employment and Housing Act (FEHA). These two provides comprehensive provisions on fair labor practices, rights, and protections. You must be able to prepare a workplace environment and company policies that seeks the welfare of employees and respects the law.

2. Consult with a Labor lawyer in Los Angeles to help you draft the company polices and employment handbook. Hiring a Labor lawyer in Los Angeles can help you avoid pitfalls that can lead to wrongful termination lawsuits.

Include stipulations that allow employees to avail of a grievance process when they have complaints on a discriminatory conduct committed by a superior or a co-worker.

Also include an annual or biennial seminar on discrimination or harassment. This will caution managers on the professional conduct that should be done in the workplace and before employees. This will also reiterate the company's consistent monitoring on discriminatory actions. By all means, this provides information on employees on how they can prevent, report, or deal with issues in the workplace. In short, your employees will have a clear picture of their limitations in the workplace.

ABOUT THE AUTHOR:

Hazel Joy Crizaldo took up Journalism from a State University. She is a freelance writer who has written news, features, and creative articles. She concentrates on legal topics, including personal injury, labor and employment, social security and business law specifically on topics about a somekeyword.