What Are the Most Common Employer-Employee Disputes?

There are a variety of situations where business owners may become involved in disputes with other parties, and in some cases, these issues may need to be resolved through litigation. Employers often encounter disagreements with their employees, and several different types of workplace issues may need to be addressed. If they are not handled correctly, these disputes can affect a company’s ability to continue doing business effectively. An experienced attorney can help employers navigate these legal challenges and determine the best ways to resolve disputes with employees.

Common Types of Employer-Employee Disputes

Employers may need to address concerns raised by employees, or they may be accused of violating their employees’ rights or taking other illegal actions. Common employee-employer disputes include:

• Wage and benefits disputes: Disagreements over wages paid to employees and eligibility for different types of benefits are among the most common legal disputes that arise between employers and employees. Employees may claim they have not been properly compensated for overtime hours, or other disputes may arise related to compensation for the number of hours employees have worked. Disputes can also arise over promised benefits, such as health insurance, retirement plans, and other employee perks. An employer may need to take steps to demonstrate that it has complied with the applicable laws regarding hourly wages, salaries, and benefits.
• Contract disputes: Employers and employees often disagree over the terms of employment contracts. For example, employees may challenge non-compete clauses that restrict their ability to work for competitors, start their own businesses, or find other employment. Employers may need to address breaches of confidentiality or non-disclosure agreements by current or former employees. Other contract disputes may be related to disagreements over job duties, the conditions of an employee’s termination, and the duration of contracts.
• Sexual harassment: Employees should be protected from harassing behavior in the workplace. Disputes may arise regarding claims that an employer failed to respond correctly to reports of sexual harassment or did not take the proper steps to protect the safety and well-being of employees. Employers may also be accused of wrongfully terminating or otherwise penalizing employees who have reported sexual harassment. Litigation in these cases may address quid pro quo harassment, which involves claims that employment decisions were based on an employee’s submission to sexual advances by a manager or business owner, as well as failure to prevent a hostile work environment.
• Discrimination: Employees may claim that they have been treated unfairly based on protected factors, including race, gender, sexual orientation, age, disability, or religion. Employers must comply with federal and state anti-discrimination laws. Litigation may address claims that an employer treated employees differently during their hiring processes, passed certain employees over for promotion or advancement, or terminated employees for illegal reasons.
• Whistleblower retaliation: Employees may claim that they were penalized for reporting workplace safety violations or other legal violations allegedly committed by a business or its employees. These disputes may involve claims of wrongful termination or other alleged violations of employment laws.

Resolving Disputes With Employees

Options available to employers who face claims of employment law violations by current or former employees include:

• Litigation: When employees file lawsuits, disputes may need to be resolved in court. While litigation can be costly and time-consuming, sometimes it is necessary for resolving serious disputes.
• Alternative dispute resolution (ADR): Disputes may be resolved through negotiations with employees outside of court. This may allow issues to be addressed in a faster and more cost-effective manner. ADR methods include mediation, in which a neutral third party facilitates discussions between the employer and employee to help reach mutually agreeable solutions, and arbitration, in which an arbitrator hears both sides of the dispute and makes a binding decision.
• Internal resolution: Employers may take steps to establish internal procedures for addressing disputes or concerns raised by employees. An employee handbook can clearly outline company policies and procedures for handling disputes. Training programs can be used to educate employees and managers on employment laws and conflict resolution. Employers can also encourage employees to report issues and discuss their concerns, and they can take steps to address disputes before they lead to litigation.

Contact Our Naperville, IL Employment Disputes Attorney

Legal disputes with employees can disrupt a business, and they may lead to significant financial losses. The DuPage County business litigation lawyer at the Gierach Law Firm can provide assistance with employer-employee disputes, helping business owners understand the best ways to address and resolve these matters while protecting their financial interests. Contact our office at 630-228-9413 to arrange a consultation and get effective legal representation.