The Family and Medical Leave Act of 1993 lets workers sue if they are fired for taking up to 12 weeks of unpaid time off to care for a sick family member. An amendment to the Fair Credit Reporting Act means companies can be sued if they fire someone due to a criminal record turned up in a background check if they don't give the worker an opportunity to refute it. Courts are still sorting out the 1992 Americans With Disabilities Act. Some have ruled that workers can sue for being fired because of drug addiction or not doing a job properly due to stress. At-will employment now applies only to white men, younger than 40, who have never been under stress, Condon says.
Large companies do.
She says other companies report a four-fold increase in employment lawsuits over the past five years. Companies say the sudden shift is hurting job creation because they are reluctant to hire unproven workers they can't fire. Employers wary The threat of being sued is driving many companies to hire workers from temporary services or to outsource entire departments. Tom Lucas, CEO of Performance Nursery in southern California, says he used to find full-time workers by employing them part time during the busy season. Now, to avoid potential lawsuits, he allows his staff to work overtime.