4 Common Legal Disputes Against Employers
Most employers try as much as they can to provide a favourable working environment to their employees. They ensure that the employees have everything that they need to perform their tasks and meet all their requirements. However, this is not always enough to avoid breaking any regulations or employment laws. Sometimes, an employer might think that they are doing everything right but then find themselves in a situation where they are facing disputes and possible lawsuits.
This can be caused by things that can be easily avoided, yet employers do not know how to manage. That notwithstanding, it does not mean that all employers observe all the rules and regulations. Some of them commit crimes against their employees knowingly or through ignorance, something that should be discouraged at all costs. For employers to avoid legal disputes with their employees, they need to understand all regulations that they have to observe and ensure that their employers have everything that they need. Some of the most common legal disputes against employers include:
1. Injuries and illnesses
One of the most common disputes arises when an employee suffers injuries or falls sick and they are not able to work, either entirely or for some period. Some employers do not know that these kinds of disputes are easy to avoid through disability income insurance and workers’ compensation.
It is important to note that workers’ compensation is not the same as disability income insurance. While disability income insurance covers employers for illnesses and injuries incurred outside their workplace, workers’ compensation covers them for injuries and illnesses incurred from their places of work.
Sometimes, an employee might get an injury or illness that makes sure that they cannot work for the rest of their lives. This is why in countries like Australia, we have the Australian TPD insurance companies to cover them since they can no longer work. Employers should make sure that their employees are covered to avoid these kinds of disputes.
2. Discrimination
It is very unfortunate that, in this day and age, there are still employers and fellow team members who consider it okay to look down upon their employees or members of their teams. This is something that should be discouraged at all costs. Discrimination is a common dispute against employers in some countries across the globe. There are different types of discrimination in the workplace, key among them race, gender, colour, disability, age, origin, pregnancy, religion, genetic information, family status, and citizenship.
Employers need to understand the law and be prepared at all times to avoid discrimination disputes. They need to ensure that business policies, procedures, and protocols are easily accessible to employers and well documented.
3. Overtime
Even though overtime is a common legal dispute against employees, it is tricky to solve such a dispute without proper tracking of all the hours worked by employees. In the United States of America, there is a federal law that guides employers on overtime pay for hourly and non-salaried employees.
Employers can avoid disputes arising from overtime problems by implementing processes and systems to correctly and accurately track all the hours that employees spend working. With such systems, they will be able to monitor every employee and track the hours worked beyond the normal working hours.
4. Wrongful termination
Wrongful termination is another common cause of disputes against employees. However, it gets complicated depending on the terms of the agreement between the employee and the employer. Some employees assume that they are working at their own will and that they are not entitled to a contract. With such an agreement, the employer can decide to dismiss the employee whenever they want without even any basis for the termination.
However, if there exists a written agreement that shows that you work for a particular company, and shows proof for continued employment, then an employee can raise a dispute against an employer for wrongful termination. The employee is supposed to show why the termination is illegal. They could use things like a violation of the contract, fraud, or anything else that goes against the law.
Employers can avoid wrongful termination disputes by making sure that they follow the law at all times when dismissing their employees.
Conclusion
Legal disputes against employers are common occurrences. However, they can easily be avoided by making sure that employers are following all the rules and regulations that govern employment in their regions of operation. This way, they will create a good working environment for their employees.
