Message from the Firm
By Mark Terman
According to one survey of reported California jury verdicts in employment cases, employers win about half the time. If those odds are not humbling enough, the survey also reports that in 1999 employers lost 50 percent of sexual harassment, 52 percent of retaliation for asserting a protected right, 60 percent of negligent hiring/supervision, nearly all whistleblower, and 61 percent of wrongful termination jury trials. The reported good news is that the average 1999 jury verdict in employment lawsuits was under $400,000 -- the lowest in many years. Compared to 1998, when the average jury verdict was $2.5 million, employers are actually doing better at trial.
Yet, these statistics also confirm that employers must continue to manage their businesses to reduce the risk of employee claims and more importantly the risk of a big jury verdict. An employer's defense begins well before a lawsuit erupts. Take great care in hiring decisions and check references and 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 for 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,
© 2000 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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