The relationship between employers and employees can be a fairly strained one, especially when a dispute arises. Employers want to protect their business and employees want to protect themselves, which inevitably pits the two sides against each other.
When this happens, it is not uncommon for someone to file a lawsuit in order to have the courts make a decision on how to resolve the dispute. According to the U.S. Department of Labor, employment litigation actions have risen dramatically in recent years. In this blog post, we will explore the reasons for increased litigation as well as what it could mean for employees and employers in Ohio.
The DOL states that there are at least a few factors that could be contributing to the rise in employment litigation across the United States.
- Companies are facing increased regulation, which is straining resources and raising the costs of operating a business.
- Employees are increasingly protected by complex laws that prohibit employers from certain actions.
- All parties have better access to the legal resources needed to pursue their claims.
These factors have created an environment that makes litigation an accessible and popular solution for employment disputes, thus making it more likely that either side will take legal action.
However, if you are involved in a dispute involving discrimination, harassment, wage violations or other employment-related issues, you may be better off avoiding the costly and time-consuming process of litigating a claim. There are a number of alternative methods to resolving these disputes. Generally speaking, these methods include:
- Direct negotiation between parties
- Mediation
- Arbitration
Each of these methods, including litigation, has positives and negatives that each person should consider before pursuing one. This can be very difficult to do without the help of an attorney experienced in employment law. Consulting a legal representative can help people determine if they have a legitimate claim and what method may be best for resolving the dispute.
Source: United States Department of Labor, “Employment Litigation and Dispute Resolution,” accessed on Sept. 26, 2014
