Lawsuits filed by employees and former employees are much more common today than they were years ago. There are many reasons for the increase in employment litigation, but many cases result, at least in part, from mistakes made by the employer. Some of the mistakes are fairly basic and easy to understand, while others require more experience or sophistication to recognize. This presentation identifies some of the most common mistakes that prompt lawsuits by employees and former employees, and offer practical advice on how to minimize the risk of those mistakes. Some of the “dirty dozen” mistakes discussed include:
- Misclassification of workers as contractors, or exempt employees
- Poorly drafted employment contracts and commission agreements
- Inadequate records of time worked by non-exempt employees
- Failure to engage in the interactive process, or provide reasonable accommodation
- Deficient documentation of performance problems and misconduct
- Poorly conceived and executed reductions in force