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In episode 119 of “The JoyPowered® Workspace Podcast,” JoDee and Susan discuss employment litigation with Kayla Ernst, an attorney in Ice Miller’s Labor and Employment Group.
Kayla Ernst joins the show to share her experience in employment litigation. She describes the litigation process for an employment law claim, from administrative exhaustion requirements to judgment. Employment law cases very rarely go to trial; typically the parties settle or the case is decided on summary judgment. Employers often do a cost benefit analysis; even if they feel they’re right, it may not make sense to take on the financial burden of legal costs and administrative and emotional burdens.
Sometimes employers can do everything right and still get sued, but there are some steps you can take to avoid litigation. Of course, following the law is important, so keep your policies up to date and invest in training for managers and supervisors. Investing in your hiring and recruiting to find the right person can make it less likely that the employment relationship is going to break down or that there’ll be performance issues. And a lot of it boils down to communication; make sure your employees know when you have issues with their performance and understand reasons behind adverse actions.
In this episode’s listener mail, a listener asks about where to begin with a succession planning process. In the news, JoDee and Susan discuss a FlexJobs survey showing that only 2% or pandemic remote employees wanted to return to the office full time post-pandemic.
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