Firms Say Labor Litigation Is Top Legal Concern

By Frauenheim, Ed | Workforce Management, November 2, 2006 | Go to article overview

Firms Say Labor Litigation Is Top Legal Concern


Frauenheim, Ed, Workforce Management


EMPLOYMENT DISPUTES

A new survey finds that employment disputes continue to be the top litigation concern for companies. But experts say simple steps-including better listening-can help prevent workers from suing in the first place.

The study of U.S. corporate law departments by the law firm Fulbright & Jaworski found that 54 percent of inhouse counsel cited labor and employment as one of their top three lawsuit worries. That figure far outpaced the results for other areas of dispute, including contracts, intellectual property and securities class-action cases.

Fulbright & Jaworski surveys from 2004 and 2005 also found labor disputes to be the chief litigation concern.

But there's hope for organizations that want to avoid facing off against their workers in court, says Shauna Clark, a partner at the Houston-based firm. She says keys to preventing disputes include consistent training and a review of company policies. Even more critical is the willingness of managers to listen, Clark argues.

"The most important action a company can take is to have an open-door policy," she says.

When it comes to preventing overtime litigation in particular, asking workers what's on their minds is vital, says Jonathan Kane, chairman of the labor and employment group at law firm Pepper Hamilton. In addition to conducting internal audits of actual job duties, examining positions added through mergers and conducting exit interviews, companies should get managers to simply talk with employees, he says.

"Employers should train their managers to ask employees how things are going and find out what their issues are," Kane said in a statement. "Take a proactive approach to uncovering problems, rather than reacting to those that crop up. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Firms Say Labor Litigation Is Top Legal Concern
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.