PAGA is an area of vulnerability your employee’s lawyer will exploit. The “Private Attorneys General Act” or PAGA allows your employees to not only step into the shoes of California’s Attorney General to prosecute labor related claims, it exposes your company to serious and expensive individual and class action litigation.
What is the best defense against employee-related litigation? The number of PAGA lawsuits, unpaid overtime, and wage and hour cases filed in State and Federal Courts has substantially increased over the past three years. PAGA is an area of vulnerability your employee’s lawyer will exploit once a dispute has begun. How can you reduce or eliminate the risk of employee-related litigation? The old saying “The best defense is a good offense” definitely applies here.
The employer defense attorneys at the Watkins Firm have been busy in the past few years, helping our business clients to remain in full compliance with all federal, state and local employment laws while taking proactive steps to insure against potential litigation. We have written extensively about employer defense, as we are committed to serving business owners and employers exclusively. One way to improve your strategy is to evaluate the areas of vulnerability your employee’s lawyer will exploit when they attempt to take you to court.
While PAGA is an area of vulnerability your employee’s lawyer will exploit here are few things to think about:
- Give Honest Work Reviews – the hardest question to answer in a lawsuit goes something like “…you gave this employee high marks across several evaluations, and now all of a sudden they need to be terminated?” Be candid – especially in marginally performing employees. Always note areas of concern, and actions an employee can take to improve them. Reviews that are puffed up or glossed over damage your own credibility and are one of the fastest routes to losing a lawsuit.
- Take Employee Complaints Seriously – the BEST time to resolve any dispute is at the beginning. The lawyers at the Watkins Firm ensure that processes and procedures address employee complaints quickly, comprehensively and aggressively. We work to diffuse the situation, negotiate a resolution and avoid litigation before real trouble shows up at your door.
- Be Familiar With Your Own Policies and Procedures – these gaps of knowledge are exposed at deposition and at trial. When an employer is shown to be unaware of their own policies it damages their case in a manner that is not repairable. At best you look uninformed and uncaring. At worst – you look negligent and malicious in your actions, and this opens the door to exorbitant damages.
We invite you to review the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today. Learn how PAGA is an area of vulnerability your employee’s lawyer will exploit and discover tools we provide to our clients to reduce or eliminate overtime litigation, prevent wage and hour disputes and protect against PAGA claims.