By Charlotte Hoffman Norris of Jenkins Fenstermaker, PLLC posted in Labor and Employment on Tuesday, January 16, 2018.
I have lost track of the number of times in my 27-year career--usually when giving a seminar presentation--that I have been asked the question, "How can I keep from being sued?" My response never varies, "You can't." A person or a company can do the very best that they can--follow all the rules to the best of their abilities--and, yet, still be brought into litigation. Sometimes, despite best efforts, they have made a mistake (and the larger the company, the more individuals there are to make those mistakes). Sometimes, they simply are wrongly accused. Sometimes, unfortunately, they (or someone in their organization) did not believe the rules applied to them. All that can be done is to lessen the risk of suit by employing best practices. The overriding reason for employing best practices, however, should never be simply to avoid lawsuits, but instead to instill a culture where people work well together to achieve a good result. Reducing the risk of litigation is just one positive byproduct.