Basic Employment Law Manual for Managers & Supervisors 8th Ed 2012 PDF

VIOLATIONS ARE COSTLY Court-ordered penalties. Remedies that courts may order for violations of employment rights include: • Rehiring of someone who was illegally fired. • Hiring of an applicant who was illegally refused employment. • Back pay (payment of wages to an illegally fired employee for the...

VIOLATIONS ARE COSTLY Court-ordered penalties. Remedies that courts may order for violations of employment rights include: • Rehiring of someone who was illegally fired. • Hiring of an applicant who was illegally refused employment. • Back pay (payment of wages to an illegally fired employee for the period he or she was out of work). • Double back pay for willful violations of certain laws. • Front pay (payment of future wages that would have been earned if an employee had not been illegally fired). • Compensatory damages for losses suffered as a result of illegal conduct. Losses that a company may be ordered to pay for include: Nonmonetary losses (emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life); Future monetary losses (expected losses due to inability to work, future medical expenses); and Past monetary losses (doctor's bills, money spent in seeking another job). • Punitive damages to punish severe violations. • Payment of an employee's attorney and expert witness fees. Other consequences. Violations of the employment laws can also result in: • Lost productive time of persons involved in resolving claims of unlawful conduct. • Low employee morale. • High employee turnover. • Harm to the company's reputation and business. • Government involvement in the company's business practices. CAN MANAGERS OR SUPERVISORS BE LIABLE? Personal liability of managers and supervisors under the federal employment laws is a hotly debated issue that remains unresolved. A number of courts have said only employers can be held liable. But others have concluded that managers and supervisors can be required in some circumstances to pay for their own illegal conduct. 14 However, regardless of their liability under the federal laws, managers and supervisors can be held personally liable when their conduct violates state common law (such as assault, battery, intentional infliction of emotional distress, wrongful discharge in some instances). Employees can also be made to pay for their own common law violations. 15