Most employees who come see me have thought twice, three times, even 20 times before they decide to file a complaint, or worse, file suit against the employer. In his blog, Michael Maslanka cautions employers to think twice before going into "fight" mode when an employee files an EEOC charge or even a lawsuit. That is good advice. How many employees have told me that if the employer had only said they were sorry, or if only the employer did not do such-and-such, then they would not have called me?
I have some friends who run a chain of sandwich shops. A small chain. They did not attend college. But, they do much better than many so-called well-educated employers at avoiding lawsuits. If you make a mistake, they tell you. If they need to fire you, they tell you why. They do not escort you out of their shop. They treat even folks they fire with some measure of respect. Avoiding lawsuits really is not all that difficult. Minimizing the effects of a lawsuit is not all that difficult. It can be done….