Many employers assume money is the prime motivator when an employee sues. That does not track with what lawyers hear. Employees talk about being hurt, angry, and afraid. Those feelings, not money, drive them to the lawyer's office and into the court system. Courts normally apply a money remedy--that's unfortunate and ineffective.

Anyone who has ever been involved with an employment lawsuit will tell you it is a horrible way to try to address the underlying problem. When courts are involved in employment disputes the results are always the same--everybody loses no matter what the outcome.

Knowing the TOP TEN REASONS EMPLOYEES SUE EMPLOYERS means you may be able to prevent an employment lawsuit. The tips are worth sharing with management, which you have my permission to do.

Reason #1: My boss did not listen to me. Organizations must impress upon line managers the importance of listening and meaningful communication in heading off expensive litigation.

Reason #2: My boss listened but told me to handle it. In most cases, if the employee could handle the situation they would not have come to the manager. Telling the employee to "handle it," says, "You and your problem are not important enough for me to bother with." Instead, managers should work with the employee to find a way to address the situation. When an employee feels cared about, the chances of being sued are much less.

Reason #3: I don't know why I was chosen for the reduction in force. Reductions in force are a continuing source of lawsuits against employers. Standard HR dogma says giving out reasons why a particular person was cut is a no-win situation. If HR does not give them a rational answer, employees go to a lawyer to compel an answer. One way or another the employer is going to answer the question. Answer it yourself, before a lawyer is involved.

Reason #4: I was evaluated/transferred/demoted unfairly. Be honest in employee evaluations. Being "nice" creates a false sense of security and expectations. When a transferred employee does not know why he or she was selected for transfer it leads to speculation on the part of the employee the reason may have been discriminatory. Take the time to explain to the employee why the transfer was made. With demotions, the most common complaint is the employee did not see it coming. Honest communication works wonders in eliminating lawsuits.

Reason # 5. Co-workers were talking about me after I left. No one likes to hear people are talking about them after they are no longer employed and cannot defend themselves. Allow no unnecessary discussion about a terminated employee.

Reason #6. I was discriminated against. It is good to have policies against discrimination but if senior management won't behave or tolerates discrimination, no one will pay attention to the policies. Rule: Management behavior ALWAYS trumps organizational policy.

Reason #7: My boss just doesn't like me. There is currently no such thing as a legal claim for "My Boss Just Doesn't Like Me." However, an employment lawyer will always ask the employee, "What did that dislike mean for you? How did that dislike manifest itself?" When the employee describes what happened, it may turn out the manager did something against the law. If a lawyer can ask questions that dig deeper so can the employer. The employer is in a position to take early corrective action and head off a lawsuit.

Reason #8. My Co-workers were treating me so badly I had to quit. There is no such thing as a cause of action for "My Co-workers Just Don't Like Me." However, you should ask the employee the same questions discussed under Reason #7 for the same reasons.

Reason #9. My company opposed my receipt of unemployment compensation benefits. Employees are often prepared to walk away from the company and never look back until the employer challenges his or her receipt of unemployment compensation benefits. Most employees are counting on unemployment compensation to literally keep food on the table. When the employer opposes it, they are perceived as attacking the employee's spouse and children. When that happens, the employee swears vengeance. Whenever possible, do not object to an employee's receipt of unemployment compensation benefits. To oppose unemployment benefits is penny-wise but pound-foolish.

Reason #10. My employer is saying bad things about me to prospective employers. For an employee who wants to get on with his or her life and leave the past behind it is devastating when a former employer is saying bad things about them to prospective employers. Many employees who were willing to move on without suing their employer have turned on former employers when they learned someone at the previous place of employment has jeopardized their chances of gaining new employment. Enforce a policy that allows only name, dates of employment, and last position and/or salary to be distributed to prospective employers.

To find ways to manage employees so they do not sue, an employer has to be bold enough to answer the question, "Are you looking for a solution, or are you in love with the problem?" Employers who are looking for solutions always trump those who are in love with the problem. The choice is up to you.

Reprint permission granted in part or whole when the following credit appears in full:

"Reprinted with permission from Donald Horton's law and psychology newsletter for HR professionals." You can subscribe to his FREE newsletter by simply visiting: http://www.thehortonreport.com."

DONALD E. HORTON, P.A.
P.O. Box 4131
St. Paul, Minnesota 55104
e-mail: horton@winternet.com
web site: www.thehortonreport.com