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Tuesday, July 16, 2013

How not to get sued by employees (at USA)

Ateneo Professor on Entrepreneurship

From Small Business Trends by Joseph Otinger | July 7, 2013

Even though one of the objectives of the entrepreneurs is to create job, to help his brethren, to be an answer to somebody's prayer, to provide the daily bread of someone, he could get stinged by the person he intended to help.  That smacks of ungratefulness but it does not happen that way.  Short of creating a class war, the politicians have made sure that employers and employees continuously quarrel to protect their power.

Employees are empowered and the DOLE sides with them to file these anti employer lawsuits that award large damages compensation to the employees. The author lists three major sources of lawsuits:

l.  Retaliate against employees who complain about sexual harrassment;

2.  Terminate employees who complain about over time pay;

3.  Fire employees over pregnancy related issues;  (this is where most cases of employees are won)

4.  Fire employees who are disabled who request for accommodation (as a cancer patient survivor who requests for flexitime)


5.  Pick fights with difficult employees


Solutions:

l.  Avoid these actions;  follow the law.

2. Hire for attitude and train for the skills.  Select more on the basis of attitude and passion.  Avoid difficult employees like plague.  Do your homework

3.  Consult lawyers, know your labor laws.

4. Make your HR/Admin work harder


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