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Most Common Human Resources-Related Lawsuits

Human resources (HR) plays a crucial role in shaping a company's culture, managing employee relations, and ensuring compliance with employment laws. However, HR activities are not without legal risks. Small oversights or missteps can lead to costly lawsuits that can damage a company's reputation and finances. In this article, we will explore some of the most common HR-related lawsuits that businesses may face and provide insights into prevention strategies.

1. Wrongful Termination

Wrongful termination claims occur when an employee believes they were fired for reasons that violate anti-discrimination laws, employment contracts, or public policy. These claims often allege unlawful discrimination, retaliation, or breach of contract.

2. Discrimination and Harassment

Discrimination and harassment claims allege that an employee was treated unfairly due to their protected characteristics, such as race, gender, religion, or disability. Harassment claims involve unwelcome behavior that creates a hostile work environment.

3. Wage and Hour Violations

Wage and hour lawsuits involve allegations of unpaid overtime, misclassification of employees as exempt or non-exempt, and failure to provide proper meal and rest breaks. These claims often arise from violations of the Fair Labor Standards Act (FLSA).

4. Retaliation

Retaliation claims occur when an employee faces adverse actions, such as demotion or termination, in response to engaging in legally protected activities, such as reporting harassment or discrimination.

5. Failure to Accommodate Disabilities

Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to employees with disabilities. Failure to do so can lead to claims of discrimination.

6. Family and Medical Leave Act (FMLA) Violations

FMLA lawsuits arise from allegations that an employer denied eligible employees their right to take unpaid leave for qualified medical or family reasons or retaliated against employees for taking FMLA leave.

7. Unpaid Internship Misclassification

Misclassifying individuals as unpaid interns when they should be classified as employees can result in wage and hour violations and claims for back pay.

Prevention: Ensure that unpaid internships meet the criteria set by the Department of Labor. Interns should receive educational training, not displace regular employees, and not provide immediate benefits to the company.

8. Negligent Hiring or Retention

Claims of negligent hiring or retention arise when an employee's actions harm others, and it is alleged that the employer should have known about the employee's potential to cause harm.

9. Data Privacy and Security Breaches

Claims related to data breaches may arise if an employer fails to protect employee personal and sensitive information from unauthorized access.

10. Negligent Supervision or Training

Claims of negligent supervision or training can arise if an employee's inadequate training or supervision results in accidents or injuries.


While HR-related lawsuits can be costly and damaging, proactive prevention measures can significantly reduce the risk of legal disputes. Establishing clear policies, providing comprehensive training, maintaining accurate records, and fostering a culture of respect and compliance are essential steps to mitigate legal risks. By prioritizing HR best practices and staying informed about employment laws, businesses can create a workplace environment that prioritizes employee well-being, legal compliance, and long-term success.

Most Common Human Resources-Related Lawsuits


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