Posted on January 28th, 2023

In case you missed it, the August 2022 DEI Leader Network explored the top three reasons why employees sue. As our experts Edgar Ndjatou and Gary Kloepfer explained, employees are most likely to sue their employer over inconsistent performance criteria, a hostile work environment, or violations of wage/hour labor laws. Here are some highlights from that discussion:

Performance Criteria
Employers open themselves up to charges of discrimination and feelings of resentment when they don’t establish job performance criteria and apply them consistently. A good rule of thumb is to review performance criteria on an annual basis.
Work Environment
Companies get in trouble when they let a hostile work environment persist and don’t follow through on investigations. Companies should communicate zero-tolerance for acts of harassment or discrimination and establish an investigation process with deadlines for resolution.
Wage/Hour Labor Laws
Potential risks to employers include proper compensation of remote workers and final pay upon separation. Employers need to compensate employees for all time worked in remote settings, including checking email outside of regular business hours. They should also have a documented process for final paychecks.

A video of this discussion is available on our YouTube channel. A handout from the discussion is available here: August 2022 DEI Leader Network Handout. Please let us know if you have a topic you’d like to see covered in a future DEI Leader Network discussion.

Original article: ICYMI: Top 3 Reasons Employees Sue