It's always important to protect individual rights - but the fact is, it's just as crucial to protect the viability of businesses and the vitality of our economy. Employers can do so by preventing workplace disputes and by claims vulnerability audits.

Since Jackson Lewis' inception in 1958, a key part of our practice has been helping clients avoid workplace disputes and defend against wrongful discharge and other workplace claims. Companies don't fire employees who are successful in their jobs, who work hard, who are enthusiastic and who seek to learn more so they can contribute.

While supervisors often could communicate more effectively about employees' shortcomings, the lack of a memo or candor during a performance review is not a crime. Unfortunately, the failure to document deficiencies and to confront poor performers about their failings encourages disgruntled workers to avoid looking in the mirror to ask, "What could I have done better?" Instead, they feel comfortable believing "I'm right and the company is wrong. I'll sue."

The rapid growth of workplace litigation is a costly phenomenon for employers. Workplace litigation has grown geometrically since enactment of the Civil Rights Act of 1991, which offered jury trials and punitive and compensatory damages to discrimination and harassment claimants. Defending employment claims and EEOC or state agency charges have become a burdensome way of life for today's employers.

We try to help employers respond aggressively to claims and to develop programs to avoid liability. When I joined Jackson Lewis in 1979, it was a firm of about 50 attorneys. We are now over 375 lawyers. The Long Island office has grown from its opening in 1990 to 23 attorneys in just 13 years.