Employees (and applicants) are protected from various forms of discrimination. Employees are also protected from retaliation by employers when they engage in certain types of behavior related to these protections.
If an employee or job applicant thinks that his or her rights have been violated, a business owner may receive something called a “EEOC complaint/charge.” The Equal Employment Opportunity Commission (“EEOC”) is a federal administrative agency which assists in the enforcement of federal employment-related anti-discrimination laws, particularly Title VII.
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Although it is imperative for a successful business to have strong underlying contracts under which they operate. Even the most well-negotiated contracts do not guarantee that you will never deal with a party that does not perform as agreed. Depending on the nature of the contract breach (material vs. non-material), you might be entitled to damages.
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If you operate a business, chances are potentially high that you may face a claim made by an employee at some point. This is true even if you are a diligent owner and implement reasonable company policies because some things are simply beyond your control. Fortunately, there are certain factors under your control, and our focus in this post will be the methods you can take to minimize employee claims.
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It is imperative that employees have a workplace behavior policy (aka company handbook, company code of conduct, etc.). Although some of these topics may seem like common sense, an employer should still identify the following topics directly in a workplace policy:
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