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Will Your Workers Sue You? State-by-State Risks and Strategic Responses.

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Submitted By rkarolides
Words 749
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BA530
September 14, 2015
Case Study Analysis: Will Your Workers Sue You? State-By-State Risks and Strategic Responses.
Facing lawsuits by employees is something that every company has to be cognoscente of. The human resources department needs to stay on top of the newest and latest information such as any changes in the laws and strategies to avoid lawsuits. By following the three metrics outlined in the article; severity, frequency, and range and applying risk management techniques can help to prepare but may never really avoid lawsuits. Some employees are out to make a quick paycheck and will jump at the chance to sue the company for anything they can say was done wrong by the company.
Like most HR strategies, there is no one strategy that works for every employer. Factors that have an impact on frequency or number of losses are geography, racial diversity, and economics. Something I found interesting was that a state’s citizens views; either liberal or conservative may have an impact on loss exposure. In the more liberal states more money was awarded to the plaintiffs than in the more conservative states. One of the other items I found interesting but also surprising was how attorneys could “forum shop” and file in a state where the jury might be more sympathetic to the plaintiff 1.
I must admit that I don’t have a lot of experience with lawsuits against companies but it seems like most of the lawsuits I have read about have been or can easily be won by the employee. There was a time when all you heard about was racial discrimination lawsuits. I found it interesting that in order to even get a discrimination case started, “the plaintiff must generally show that they are a different race than the person who was actually hired1”. Nowadays it seems more like the sexual harassment and hostile work environment trainings are the bulk of employee HR trainings.

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