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June 30.2025
2 Minutes Read

10 Ways to Prevent Employer Lawsuits in Today's Job Market

Attendees at a convention under an arched glass ceiling, digital display overhead.


Understanding Employment Lawsuits: A Growing Concern

As the workforce landscape evolves, the potential for employment lawsuits looms larger than ever. During a recent session at the SHRM 2025 conference, Mario Bordogna, a seasoned partner at Bowles Rice LLP, brought to light the ten most frequent reasons employers face litigation. Understanding these risks is crucial for HR professionals, business owners, and recruiters who aim to foster a compliant and harmonious workplace.

Performance Management: The Key to Avoiding Sabotage

One of the top pitfalls is the lack of proper documentation in performance reviews. As Bordogna pointed out, poor performance history hidden beneath exemplary ratings can lead to suspicions of discrimination when termination occurs. Regular documentation is not just best practice; it must become ingrained in workplace culture to protect against potential lawsuits.

The Importance of Clear Communication During Terminations

Another misstep is failing to provide employees with a clear reason for their termination. When supervisors don't explain the basis for the decision, it opens the door for employees to speculate, often leading to claims of wrongful termination. Simple yet clear communication can mitigate risks and ensure employees understand their standing within the company.

Proactive Steps Employers Can Take

For talent acquisition managers and HR directors, implementing structured feedback mechanisms and transparent communication procedures during the hiring and offboarding processes becomes essential. Tools like applicant tracking systems can streamline hiring efforts and contribute to a positive candidate experience, reducing the likelihood of disputes post-employment.

Future Trends in Recruitment and Retention

As we move into an era rich with technological advancements, keeping pace with hiring trends is critical. AI in recruiting, skills-based hiring strategies, and building a robust talent pipeline are integral elements that not only improve the hiring process but also safeguard employers from potential legal challenges.

Call to Action: Protect Your Business Today

As challenges in employment law grow, take proactive steps to ensure your hiring processes are optimized. Review your documentation practices, invest in HR technology, and engage your team in continual compliance training. Doing so will not only safeguard your organization but also foster an environment of trust and transparency. For tailored strategies to enhance your hiring process, contact us today!


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