Most lawsuits are not triggered by great injustices. Instead, simple management mistakes and perceived slights start the snowball of discontent rolling downhill toward the courtroom.
Here are 10 of the biggest manager mistakes that harm an organization's credibility in court. Use these points as a checklist to shore up your personal employment-law defense:
1. Shrugging off complaints
Turning a blind eye to any employees' complaints of unfairness or perceived illegal actions is a guaranteed credibility buster. Comments like "I'm not a baby sitter" or "Boys will be boys" will hurt employee morale and jeopardize your standing in court.
2. Interview errors
It may be easy to answer the question, "Why did you hire that person?" But managers often run into trouble when they have to answer, "Why did you reject certain other candidates?"
That's because rejection decisions typically aren't well-documented and the decision-maker may not recall the reasons later.
During interviews, stay away from any question that doesn't focus on this central issue: How well would this person perform the job he or she has applied for? Never ask about age, race, marital status, children, day care plans, religion, health status or political affiliation.
3. Sloppy documentation
Most discrimination cases aren't won with "smoking gun" evidence. They're proven circumstantially, often through documents or statements made by managers. Documents, particularly email, can help the employee show discriminatory intent. The lesson: Always speak and write as if your comments will be held up to a jury someday.
4. Not knowing policies, procedures
Courts expect supervisors to know their organization's policies and procedures. If a manager admits ignorance, legal experts say juries typically view that as purposeful, not forgetfulness.
That's why it's vital to make sure you understand company policies. Don't make decisions based on a vague memory of a policy. Double check it or check with HR before taking action.
5. Firing employees too fast
Managers who fire without first trying to improve the worker's performance will appear insensitive and potentially discriminatory in court. Conversely, managers who try to improve things before resorting to firing will stand a better chance of avoiding a lawsuit.
When HR best practices fall by the wayside, productivity can suffer and employees may seek another job – or restitution. One tiny mistake can lead to a big lawsuit. Managers need to be up to date on all aspects of HR – it's their duty.
6. Lack of legal knowledge
Juries will expect—and the plaintiff's lawyer will encourage them to expect—that employers stay abreast of developments in employment law. Refresh yourself regularly on your organization's policies, read communications sent from HR and, when in doubt, ask questions.
7. Being rude, mean-spirited
An organization can have the best case in the world, but if the key supervisor comes across as rude, insensitive and mean, the attorney's job of selling the case to the jury will be much harder.
Use the golden rule in handling staff.
8. Changing your story
If an organization changes its reasoning for making an adverse employment decision (firing, discipline, demotion, etc.) in midstream, its credibility is shot.
Be straight with employees from the start about reasons for discipline. Don't sugarcoat your comments.
9. Dictating accommodations
Under federal law, employers must make "reasonable" workplace changes to accommodate an employee's disability. How to choose those accommodations? It must be a give-and-take process to reach a solution, the law says. Managers too often try to dictate the solution.
10. Inflated appraisals
Performance reviews are one of the most important forms of documentation, yet managers sometimes inflate the ratings for various reasons. If a manager later tries to cite "poor performance" for that same person's termination or demotion, those overly positive appraisals create a heap of credibility concerns.
Be direct, honest and consistent.
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