Janie Schulman spoke to Law360 about the results from Morrison & Foerster’s third COVID-19 Impact Survey, which found that in-house legal professionals overwhelmingly cite employment liability as the biggest legal risk they’re facing related to the global health crisis, with many readying themselves for employment litigation they believe is in the pipeline.
“There are a lot of rules that come at employers from a lot of different angles, and it takes a lot of effort to get it right,” Janie said. “Even when you get it right, unfortunately there are employees who are going to sue anyway.”
She added that employment issues “are always a disproportionately large portion of the risk in any organization,” but noted that especially in a situation where so many people have been furloughed or laid off, new types of grievances may emerge.
“Employers are concerned that employees who are desperate might be looking for ways to file claims,” she said. “Or maybe more likely that plaintiffs’ lawyers have become very creative in looking for ways to come up with new claims with so many people out of work.”
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