INSIGHT

The 10 most common employment lawsuits and how companies can avoid them

Jill Pappenheimer • August 14, 2025

Services: Human Resources

---

As a business owner or HR professional, you’re likely aware that employment-related lawsuits are becoming increasingly common. The reality is that even well-intentioned employers can find themselves facing costly legal battles when workplace policies aren’t properly implemented or when management decisions lack proper workflows and processes.

Understanding the most frequent causes of employee lawsuits can help you proactively address potential issues before they escalate into legal challenges. Let’s explore the top reasons why employees take legal action against their employers and what you can do to minimize these risks.

Why employment lawsuits are on the rise

The modern workplace has become more complex, with evolving regulations, remote work arrangements, and heightened employee awareness of their rights. Workers today are more informed about employment law and more willing to pursue legal remedies when they feel their rights have been violated.

The financial impact of these lawsuits extends beyond settlement costs. Legal fees, lost productivity, damaged reputation, and the time invested in defending claims can significantly impact your bottom line.

The top 10 reasons employees sue employers

1. Inconsistent treatment of employees

When managers treat similar employees differently without legitimate business justification, it creates a foundation for discrimination claims. This often happens when:

• Performance standards or expectations vary between employees in similar roles  
• Disciplinary actions are applied inconsistently  
• Workplace policies are enforced selectively  

What you can do: Develop clear, consistent processes for performance management, ideally utilizing a robust performance tool and holding employees and managers accountable throughout the journey. Ensure managers and employees are embracing the process. If no tool is in place, ensure policies and standards are uniformly applied across all employees in similar situations.

2. Inadequate supervisor training

Untrained supervisors often make decisions that expose your organization to legal risk. They may mishandle employee complaints, fail to recognize potential legal issues, or make employment decisions without understanding the implications.

What you can do: Implement comprehensive supervisor training programs that cover:

• Recognizing and addressing workplace complaints  
• Understanding when to escalate issues to HR  
• Proper documentation techniques  
• Basic employment law principles  

3. Poor performance process and/or tool

Many employers struggle with employee performance issues consistently, when in fact training your supervisors to stretch, support and hold employees accountable will benefit all involved and likely increase productivity throughout the organization. Lack of documentation of performance issues is something you don’t want to happen when you want to terminate someone. This doesn’t mean, pen to paper, this means a process where responsibilities and goals are discussed, and progress captured. Regular, ongoing, performance conversations between an employee and manager where accountability is the norm and proof of those conversations are captured are ideal. When termination becomes necessary, inadequate documentation can turn a defensible decision into a costly settlement.

“Often times performance management is not a priority for organizations, when in fact it can be a cultural game changer. Giving employees measurable goals that they create, and updating those regularly to ensure they are practicable, yet a stretch creates employee empowered accountability”, says Jill Pappenheimer.

What you can do: Create a culture of regular documentation that includes:

• Specific examples of performance issues  
• Clear expectations and improvement plans  
• Regular feedback sessions  
• Objective, fact-based records  

4. Wage and hour violations

Improper time tracking, misclassification of employees, and incorrect overtime calculations are common sources of lawsuits. These issues often stem from:

• Inadequate timekeeping systems  
• Misunderstanding exemption requirements  
• Failure to track all compensable time  

What you can do: Implement robust timekeeping systems and regularly audit your pay practices. Review employee classifications periodically to verify compliance with current regulations.

5. Mishandling accommodation requests

When employees request workplace accommodations under the Americans with Disabilities Act (ADA), employers must engage in an interactive process. Dismissing requests without proper consideration can lead to discrimination claims.

What you can do: Develop a structured process for handling accommodation requests that includes:

• Thorough evaluation of each request  
• Documentation of the interactive process  
• Consideration of all reasonable alternatives  
• Clear communication with the employee  

6. Inadequate complaint investigations

Failing to properly investigate employee complaints can result in hostile work environment claims and retaliation lawsuits. Common mistakes include:

• Delaying or avoiding investigations  
• Conducting superficial reviews  
• Failing to document the process  
• Not following up with complainants  

What you can do: Establish clear investigation procedures with designated investigators and specific timelines. Document all steps and communicate findings appropriately to the parties involved.

7. Ignoring company policies

When employers fail to consistently enforce their own policies, it can create legal vulnerability. This includes:

• Selective enforcement of handbook rules  
• Outdated policies that don’t reflect current practices  
• Lack of employee awareness about existing policies  

What you can do: Regularly review and update your employee handbook. Train managers on policy enforcement and create accountability measures for consistent application.

8. Misclassification of workers

Incorrectly classifying employees as independent contractors or exempt employees can result in significant financial liability. This area of law continues to evolve, making compliance challenging.

What you can do: Regularly review worker classifications and stay current with changing regulations. When in doubt, consult with employment law professionals to assess your classification practices.

9. Inadequate leave administration

Failing to properly administer family and medical leave can result in multiple types of claims. Common issues include:

• Not recognizing qualifying leave situations  
• Inadequate communication about leave rights 
• Failing to consider additional accommodations after leave exhaustion  

What you can do: Develop comprehensive leave policies that address various types of leave and train administrators on proper procedures. Consider how different leave laws may interact and overlap.

10. Toxic workplace culture

While not all unpleasant workplace behavior is illegal, a toxic work environment can create conditions that lead to unlawful conduct. This includes:

• Tolerating bullying or harassment  
• Failing to address interpersonal conflicts  
• Lack of clear reporting mechanisms  

What you can do: Foster a positive workplace culture through:

• Clear anti-harassment and anti-discrimination policies  
• Regular training on respectful workplace behavior  
• Multiple reporting channels for concerns  
• Swift action when issues arise  

Building a proactive approach to employment law compliance

Understanding common lawsuit triggers is just the first step—the real protection comes from building proactive compliance practices. Most employment-related legal issues are preventable with the right policies, training, and documentation in place. Here’s how to create that foundation:

• Regular policy reviews and updates  
  Your employee handbook and policies should be living documents, ideally found on your intranet that evolve with changing laws and business needs. Schedule regular review periods to identify areas that need updating. 
• Investment in training and development  
  Ongoing education for both managers and employees helps create awareness of rights and responsibilities. Consider topics such as: 
  • Anti-harassment and discrimination training 
  • Workplace safety protocols 
  • Proper documentation techniques 
  • Communication skills for difficult conversations 

• Electronic documentation best practices Consistent documentation practices protect your organization and provide clarity for employees. Focus on capturing: 
  • Objective, factual records 
  • Timely documentation of incidents 
  • Regular performance feedback 
  • Clear communication of expectations 

• When to seek professional guidance While many employment law issues can be prevented through good practices, some situations require professional legal counsel. Consider consulting with employment law attorneys when: 
  • Facing complex accommodation requests 
  • Dealing with serious misconduct allegations 
  • Navigating layoffs or restructuring 
  • Implementing significant policy changes 

• Protecting your business and your employees Creating a legally compliant workplace isn’t just about avoiding lawsuits—it’s about building an environment where employees feel valued and protected. When you invest in proper policies, training, and procedures, you create a foundation for both legal compliance and employee satisfaction. 

The key is to be proactive rather than reactive. By addressing potential issues before they become legal problems, you can focus on what matters most: growing your business and supporting your team.

Need help navigating employment law compliance? The experienced HR professionals at BPM can help you develop policies and procedures that help protect your business while supporting your employees. Our HR consulting team works with organizations of all sizes to create comprehensive human resource compliance strategies tailored to your specific needs. Contact us today to learn how we can support your business’s success while minimizing legal risks.