Why Was the Company Sued by its Employee?Oct 19, 2023
Why Was the Florida Company Sued By Its Employee? Here is the scenario:
An employer terminated an employee for showing up to work late. This is a clear violation of company policy, but the company still got sued. What went wrong?
There are many things that can be alleged as “wrongful” when an employee is terminated. Here are some examples of common allegations by employees who are in this situation and potential lawsuits that follow:
1. The policy was only enforced as to [X Protective Class] and not enforced as to all employees. - Discrimination claim
2. I was late to work because my medication makes me drowsy - ADA Claim
3. My manager does not allow me to clock in until I prep my area, which is why it looks like I am arriving late - FLSA claim
How can companies defend against these issues? Make sure to have proper documentation which will help defend against the above allegations, if made.
This is also why it is best to have written warnings and counseling sessions with employees who are violating company policy, rather than rush to an immediate termination for a first time offender.
The company needs time to gather the facts and determine the reason for the violation and to ensure the late arrival really isn’t due to something else that could expose the company to liability.
Still not sure? Reach out to an employment lawyer in your state so he/she can discuss the risk and liability of certain employment decisions before they are made.
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The Wannos Law Firm, P.A. provides legal advice to Florida businesses. Karly Wannos is a workplace investigator for claims of discrimination, harassment and retaliation, Florida employment law mediator and provides training to businesses on employment laws.
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