EMPLOYMENT LITIGATION IN THE NEWS

A review of employment cases during one recent month included these topics:

Common topics in employment cases

  1. Public policy violation/whistleblower
  2. Breach of contract/implied covenant
  3. Fraud
  4. Defamation
  5. Wage/hour
  6. Discrimination
  7. Harassment
  8. Retaliation
  9. Interference with contractual relations
  10. Trade secret/non-competition agreements
  11. Workers compensation/OSHA
  12. Independent Contract
  13. Respondeat superior
  14. Privacy
  15. Arbitration
  16. Attorneys and attorneys’ fees
  17. Statutes of limitation
  18. And others

Recent employment litigation headlines

  • Sales Representatives $480,000 Wrongful Termination Award is Affirmed
  • Evidence Supported Whistleblowers’ Discrimination Claim, but Not Sexual Harassment
  • Undocumented Workers Had Standing to Assert Violation of Prevailing Wage Law
  • Employee Who Was Threatened and Assaulted by Co-Workers Stated Wrongful Termination Claim
  • Employer Could Recover Training Costs from Employee, But Can’t Recover Same from Final Check
  • Housekeeper’s Award of $70,000 in Unpaid Wages Affirmed
  • Employee Who Provided Customer Service and Training Related to Company Software Not Exempt from Overtime
  • Employer Bears Burden of Showing Reasonableness of Layoff Criteria in Age Discrimination Case
  • $1.8 Million Judgment Affirmed in Favor of Employee Discriminated Against on the Basis of Race and Gender
  • Employee Who Requested Medical Leave for Depression While Working for Another Employer May Have Been Improperly Terminated
  • Court Upholds $1.088 Million Verdict in Favor of Terminated Italian National

These are just a few examples of the numerous, off-the-wall HR exposures your business might face. None of these companies planned on getting in the headlines — at least not like this.

As you can see from many of the titles, employment-practice claims might not be frequent, but when they occur they tend to be severe and costly.

For more context on case patterns and hiring-related issues, see Recent Employment Law Cases and Hiring Practices.

To understand potential insurance implications and how lawsuits can affect costs, see Rising Employee Lawsuits and Insurance Implications.

If you want to review coverage options, talk to an agent about the exposures your business faces.

Frequently Asked Questions

What types of employer claims are most common?

Common claims include discrimination, wrongful termination, wage-and-hour disputes, harassment, and retaliation.

Can a single employment claim be expensive even if it’s unfounded?

Yes. Even when employers prevail, defending a case often requires significant legal fees and management time.

Should small businesses carry specific insurance for employment claims?

Many businesses consider employment practices liability insurance to help cover defense costs and settlements related to employment claims.

What is a practical first step after an employee files a complaint?

Document the incident, follow internal policies consistently, and consult HR or legal counsel to determine next steps.

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