Protecting Employers Whose Employees Allege Workplace Harassment
Jan. 18, 2023
Employers may find themselves on the wrong end of a lawsuit once an employee states that they have experienced harassment from another employee while on the clock. The employer may wonder if they missed a communication from the employee, which led to the lawsuit.
While owning their own business may offer the employer a good range of benefits, it may also open them up to lawsuits from unhappy or disgruntled employees.
Under California law, employers should have a no-harassment policy. They should make this policy known to all employees and it should explain the procedure that harassed employers should follow to report the harassment.
While the employer may have done all of the above, it may not protect them from any legal actions an employee may choose to take.
What Does Employment Litigation Cover?
Employers may be able to protect themselves from employee litigation or lawsuits that accuse the employer of allowing an abusive and hostile workplace to exist. An employment lawyer may also be able to assist employers against complaints that allege breach of employment contract, non-compete agreements, discrimination based on national origin and other protected classifications.
If employees make complaints regarding their misclassification as independent contractors or discrimination, the employer may be able to fight this as well. Employers may also seek assistance should they be accused of false arrest or assault and battery.
How an Employer May Be Able to Protect Themselves from Workplace Harassment Allegations
Employers may be required to provide instruction on the different types of harassment that are prohibited under California law. These include training on sexual, discriminatory, abusive conduct and more.
If an employee claims they did not receive this training, an employer may not be held liable.