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

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.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

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?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access 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

    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.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.