Teaming Up on Employment Claims

Transcription

1 Teaming Up on Employment Claims

2 AGENDA Sub headline Stats & Scores Puzzling Results (A case law update) New Gear (Tips to prevent claims)

3 Stats & Scores

4 It s a national problem EEOC Stats Record high # of charges filed last 2 years

5 At the EEOC Litigation $ of awards rising Settlements $11.9 million in settlements in 2 weeks in summer of 2012 Terms of settlement stronger than before Retaliation emerging as its own suit

6 In the jury room Jurors seem to have an anti-employer and anti-government bias

7 In the jury room

8 In the jury room

9 Claim costs snake upward

10 Puzzling Results

11 A Bad Fit? Sub headline Dawson v. Entek International Hostile work environment claim by male homosexual employee Supervisor heard harassing comments made to employee and did nothing Another case of terminating an employee right after he files a harassment complaint

12 Piece Mismatch Sub headline Fry s struck by EEOC settlement EE complains asst. store manager is harassing her Supervisor reports the harassment to legal department Supervisor is terminated for poor performance even though work was consistently commended $2.3M settlement!

13 Duplicate Pieces? Sub headline Wright v. NW Reg. ESD Wright (teacher) said he was terminated for questioning how ESD was spending money ESD said he was terminated for not renewing teaching license on time ESD didn t give Wright emergency license, but did give one to another teacher 8 days later.

14 Duplicate Pieces? (cont d) Sub headline Wright v. NW Reg. ESD $1M jury verdict for wrongful termination Lessons for the day: Make sure you treat your employees consistently Be mindful of employee complaints when considering discipline or employment

15 Double Trouble (cont d) Sub headline Karl v. City of Mount Lake Terrace Afterwards, Asst. Chief said she ought to be fired... And she was. Termination for testifying in a legal proceeding was unwarranted free speech violation.

16 Extra! Extra! Sub headline AFSCME v. City of Lebanon City councilor wrote letter to editor telling union EEs to de-certify your union captors. Signed letter City Councilor, Ward II. Okay or a problem? City liable under PECBA for implied coercion of employees exercising protected rights. A city councilor, even trying to act as an individual, can get the city in trouble.

17 Quick, hire em... Sub headline... While you still can! Shelley v. Geren Age Discrimination Much younger candidate (but still over 40) hired because ER said was lateral move, not promotion like plaintiff Inference of age-discrimination because decision-makers asked about retirement dates during hiring period.

18 Even when you win... Sub headline City of Date of Claim 11/06/2008 Indemnity $0 General Liability Employment Practices: The claimant alleged she was terminated in retaliation for a lawsuit she filed against the City some 10 years earlier. The City maintained termination was for well-documented poor performance. Claimant was asking for a sum in excess of $500,000; CIS offered $15,000. There was a complete defense verdict at trial after 45 minutes of deliberation.

19 ... you lose Sub headline City of Date of Claim 11/06/2008 Indemnity $0 Legal Expense $169,192 General Liability Employment Practices: The claimant alleged she was terminated in retaliation for a lawsuit she filed against the City some 10 years earlier; the City maintained termination was for well-documented poor performance. Claimant was asking for a sum in excess of $500,000; CIS offered $15,000. There was a complete defense verdict at trial after 45 minutes of deliberation.

20 Putting all the pieces together Keys to Preventing Escalation & Litigation

21 Gathering the Pieces 1 Consider the timing of the action 2 Has the employee: taken leave, requested accommodation, complained of legal or policy violations? 3 Has the employee filed a BOLI/EEOC complaint?

22 ... and Putting Them Together 1 Have you investigated the matter thoroughly? 2 Is there documentation to support the action you are taking? 3 Should you consider a settlement agreement?

23 Final Thoughts 1 2 Employment mistakes by supervisors are easy to make, but hard to correct (and impossible to undo). Learn from the mistakes of others. Take a deep breath, get the facts, call CIS Pre-Loss, and follow best practices.

24 THANK YOU!