First came the virus, then came the lawyers. Here are some of the most common claims and how to avoid them.

Wrongful discharge and retaliation (40% of claims).

This most often relates to worries employees have about raising COVID-related safety concerns.  Remember to educate managers; employees have a legal right to voice their safety concerns. Whistleblowers are protected under the law.

Unsafe work conditions (23% of claims)

Claims that lack of cleaning, distancing, or not providing safety gear caused COVID sickness and sometimes death.  While usually covered by workers’ comp insurance, if employees prove the employer acted recklessly, workers can recover more.

Discrimination and Harassment (15% of claims)

You may think you are protecting vulnerable, older, or those with preexisting conditions by laying them off or not hiring them, but that could violate anti-discrimination laws.

FMLA & Families First Leaves Law (12% of claims)

Workers are saying they were denied leave rights or retaliated against for taking leave. Make sure your managers are getting guidance on taking leave.

Wage and Hour (6% of claims)

A massive uptick in remote work is causing suits claiming no payment for overtime, not being paid for health screening times, and off-the-clock work. Remember hourly workers must be paid for all time worked and screened.

Update job descriptions and your employee handbook to reflect any pandemic-related changes - this is your first line of defense in event of an employee lawsuit. Contact us for comprehensive advice on how you can avoid or mitigate risk.  Lawsuits are extremely expensive even if you win.