There is never a full proof way to avoid a lawsuit. Sometimes a lawsuit will just pop up without warning. As a Special Education Lawyer in Agoura Hills, CA, I am here to help you avoid this situation as much as humanly possible.
Any workplace has the potential for safety issues.
If your place is one of those extreme cases, you need to send out the word. Put up messages about safety and how to protect each other.
Get everyone involved with it too. There is no use doing this when you only have half the employees showing up. Sometimes even the most typical horseplay can result in issues. Be clear on where you stand. Be clear on everything. Be sure to make clear on how you intend to tackle the issues of horseplay and other safety concerns.
If any of this is not done, then any of your employees can come out and say anything, even if it’s not true. You’d be surprised what people will do in situations like this, especially if they find out they can make a fast buck.
Keep those good waiver forms around.
Make copies of each one that is signed. Have the other party sign one and give them a copy. Make at least 5-6 copies of this form too. This way you will have something to back up what happened.
In this day and age, you can’t go on someone’s good word. A person’s word means nothing these days. I am sorry to be the bearer of bad news, but it’s true. The only thing you can do is trust your own instincts. If you suspect that the other party might try to use this against you at any time, be sure to keep the backup. If you get dragged to court over this, you will have to defend yourself.
The waiver says the other party knew of the risks, and decided to do it anyway.
You need to document everything that happens, even if it seems silly to you.
It won’t seem silly to someone else. Have everything documented. This way you can go back and look over it.
This is one of the best tools you will have on your side. Every lawyer out there swears by this. In fact, one of the very first questions your lawyer will ask is “did you keep records of this and document everything?”
Don’t believe me? Go ahead and try it without the records. You will find out how silly you really do look over this. You need to protect yourself against any potential attacks. Anything can happen in the workplace. This is just another way to keep yourself clean and out of trouble.
Speak to your clients about having their own insurance.
Never agree to letting them share yours. This is a big non-no. There are so many things which can go wrong with this storyline.
Your client could end up using your insurance against you, in order to hedge their own bets. I mean, anything can happen. I am forewarning you. Your clients need to have their own representation. It will keep out the clutter and avoid any mix-ups.
It will also cut down on the whole “conflict of interest” scenario. Believe me, there are many “conflict of interest” stories which can be created if the two of you share the same representation.
Try to maintain good working relationships with each side.
I am not saying to kiss butt a little bit. All I am saying is just be a decent boss and human being.
Treat your workers and clients like people and family. Treating your workers like family is something that seems to be going by the wayside. More companies want to treat their workers like a number.
I am telling you this is the wrong approach to take. This kind of treatment on either side is the best way to invite a lawsuit into the mix. If you treat your workers and clients like people, they will return the favor.
As time goes by, you will start to see your employees and clients respect you more. This means there will be less lawsuits coming down the pike.
ONE FINAL THOUGHT TO LEAVE YOU WITH
These tips are not just for you to get by in the interim. You need to keep plugging away with these suggestions on a daily basis. Make sure you keep up the safety precautions. Keep up with everything. Revisit certain things after a bit. See what is working and what is not. Get rid of what is not working and revamp the other stuff.
These are some of the best ways to avoid a potential lawsuit. Now, will it cancel one out completely? No, it won’t. If a lawsuit does come your way, these tips will help to serve you better. These suggestions will help you to reach an agreement without getting beatne up for it.