Although your company does not allow harassment and other forms of unfair treatment at work, this does not mean that you won’t become a victim of workplace discrimination. The company may uphold a fair pay system and equal opportunity policy, but you can still experience injustices that you might have no idea about.
If you’re suffering from workplace discrimination, consider taking necessary legal actions to prevent unwanted charges that may harm your job. Consult with an expert legal attorney and ask what can an employment lawyer do or how they’ll be able to guide you and safeguard your rights.
What are the grounds for HR lawsuits?
Certain criteria must be present to file a case against HR. The victim must demonstrate that the HR personnel they are suing owed a legal responsibility and failed to fulfill it. Another is that the employee must incur a loss due to the department’s actions, including losing the job and failing a promotion. If these factors are not met, there is a high chance that the court might dismiss the case.
Five common lawsuits for HR
Instances may happen that the company might abuse the rights and freedom of their employees, and if you have become a victim of that, you might be surprised and won’t know what to respond. However, this can be avoided when you are equipped with knowledge about various lawsuits. Below are five of the common cases HR can face.
Discrimination charges are one of the most common lawsuits that employers face. Suppose an HR personnel mistreats an employee because of their gender, religion, race, disability, age, marital status, and other related factors. In that case, the employee might file charges against them. One example is that an elderly employee might be performing their job satisfactorily but received an adverse action such as lack of promotion by an HR personnel. As a result, the employee can make this situation a ground for filing a case against HR.
The Fair Labor Standards Act (FLSA) clearly states that non-salaried employees are entitled to overtime pay. Employers must precisely track the number of hours their workers make and ensure to pay overtime when necessary. If this is not properly executed, you may register a complaint and retain the services of legal counsel if the situation worsens.
Part of the HR department’s job is to safeguard the sensitive information of their employees, including health records, social security numbers, tax, and personal information such as phone numbers and home addresses. With that said, HR must comply with data protection regulations. If they fail to do it, employees affected by their actions have the power to hold them accountable and take matters to court.
Failure to provide employee benefits
Employees are entitled to the company’s benefits, including annual leave, sick pay, and other perks. An HR manager must ensure that employees receive their benefits following federal employment law and that it must be visible in the contract. If the manager did otherwise, they could face legal charges from affected employees.
Every company must uphold anti-harassment policies to create a safe space and maintain a workplace where employees are treated with respect and dignity. However, if an HR personnel comments a sexual remark, assaults and touches the employee inappropriately, this might trauma the employee and affect their work performance. As a result, this becomes a solid ground for the victim to file sexual harassment charges against the HR personnel. If this happens, there should be fair and impartial investigations conducted.
To prevent this, the company should provide anti-harassment training not only to HR but to all departments to avoid any type of sexual harassment. If you experience harassment at work, it is best to contact your manager to help settle this issue right away.
There are various ways to maintain peace and orderliness in the company, including training on corporate policies, maintaining consistency with the employees without partiality, staying updated with the changes in the rules and regulations, and executing frequent audits and checklists to verify compliance in all departmental levels. However, if you experience grave discrimination in your company, it’s probably time to contact an employment lawyer for professional advice to reach a legal solution.