Message from the Firm
In 1998, California employers won 54% of jury trials of employment lawsuits according to one survey. While that may sound like good news, the survey also reports that employers lost 56% of sexual harassment, 56% of disability discrimination, and 66% of wrongful termination jury trials. Finally, the average 1998 jury verdict in employment lawsuits was reported at $2.5 million, the highest in many years, while the median verdict was $250,000, the lowest in years.
These statistics confirm that employers must manage their businesses to reduce the risk of employee claims, much less a big jury verdict. An employer's defense begins well before a lawsuit erupts. Here are some useful tips:
- Take great care in hiring decisions and check references/background.
- Implement understandable written personnel policies and procedures and follow them.
- Clearly communicate expectations to employees and don't put off dealing with problems.
- Provide awareness training to management and supervisors to avoid discrimination and sexual harassment.
- Immediately investigate internal claims.
- Make fair decisions.
- Document everything.
- Consult with experienced employment law counsel.
Reprinted with permission,
© 1999 Reish & Luftman. All rights reserved. The Reish & Luftman Practical Guide to Employment Law is published as a general informational source. Articles are general in nature and are not intended to constitute legal advice in any particular matter. Transmission of this report does not create an attorney-client relationship. Reish Luftman Reicher & Cohen does not warrant and is not responsible for errors or omissions in the content of this report.
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