Stop Frivolous Lawsuits by Making Right Hire at the Start

Question: It seems like there are so many lawsuits filed against employers these days, many of which turn out to be completely frivolous. Is there anything we can do on the front end to try and prevent these lawsuits?

Answer: Yes. Many employment lawyers, myself included, think employers can nearly eliminate their employment lawsuits, frivolous workers' compensation claims, government investigations and union drives if they would avoid hiring three types of employees: the marginal employee, the perpetual complainer and the unofficial supervisor.

Every candidate you interview should be required to fill out completely and accurately an employment application, and then you carefully must review the results. Do not accept a resume in lieu of an application or allow an applicant to put "see resume" on the application. Examine the application carefully. Train supervisors to aggressively interview candidates.

This article appeared in the April 19, 2007 issue of The Daily Journal of Commerce.