Expect the Unexpected: Contending with Novel Employee Claims
Employers are generally familiar with Title VII, the Age Discrimination in Employment Act, the Americans With Disabilities Act, and similar civil rights statutes that provide the basis for most routine employment-related litigation. Compliance with these laws, although of course crucial, will not necessarily immunize your company against suits by disgruntled employees. We are now seeing a greater proliferation of contract and tort claims being raised by employees either independent of or in conjunction with a discrimination claim. These include negligent hiring and retention, intentional and negligent infliction of emotional distress, invasion of privacy, fraud, unjust enrichment, negligent misrepresentation, and promissory estoppel. Indeed, in one recent case a group of employees successfully pled an antitrust claim challenging the sharing of salary information among competitors. Larry will discuss these unconventional claims and offer practical advice for avoiding pitfalls that could lead to employee suits alleging something other than just discrimination or harassment.
This should prove to be an informative and timely program concerning an issue of importance to companies of nearly every size and type. For those of you who have not yet attended a Human Resources Circle breakfast meeting, we hope you'll join us. Participation in the Circle is free of charge. If you are interested in attending, please call Robin Bangham at 860-297-3719 to reserve a spot. Please also feel free to invite anyone else in your organization who may want to join us.