Companies can take several proactive steps to help protect themselves from potential lawsuits by employees. For example, a signed acknowledgment in an employment application of the individual’s at-will employment status (and what that means), or a clearly written and well-placed disclaimer in an employee handbook, can help defeat a breach-of-contract claim. A widely disseminated and effectively enforced antiharassment policy has the potential to shield a company from liability for hostile work environment claims. For employers who prefer to avoid jury trials, arbitration agreements, when properly drafted, can force individuals to pursue work-related claims in a nonjudicial forum.
Another tool available to employers, although perhaps not used as frequently, is an agreement that requires employment disputes to be filed within a period of time that is shorter than the applicable statute of limitations. A recent case decided by the federal district court in New Jersey illustrates how this may be accomplished.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
