In
response to the increasing trend of lawsuits by
employees against employers, HR Specialist, (www.theHRSpecialist.com)
has unveiled its list of the 12 most common mistakes
made by managers that can result in litigation. The
list comes at a time of growing concern among HR
professionals about the increasing risk and
complexity of federal and state employment laws.
According to a new survey conducted by HR
Specialist, HR professionals say that "staying
abreast of employment laws and regulations" is their
biggest challenge of the workday.
The Dirty Dozen
Dubbed
the "Dirty Dozen," these 12 common mistakes cited by
HR Specialist are designed as a checklist that
organizations can use to shore up their own
employment-law defense strategy. As HR Specialist
editor Patrick DiDomenico notes, "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."
The 12
most common mistakes by managers include:
-
Sloppy documentation. Managers should speak and
write (even in e-mail) as if their comments would be
examined by a jury some day.
- Not
knowing their company's policies, procedures. When
managers admit ignorance to a court, juries
typically view that as purposeful, not forgetful.
-
Giving inflated appraisals during performance
reviews. If a manager later cites "poor performance"
for an employee's termination, overly positive
appraisals can create a big credibility gap.
-
Shrugging off employees' complaints. Comments like,
"Boys will be boys," won't play well with a jury.
-
Interview errors (e.g., questions about age, race,
religion, political affiliation). Hiring managers
should stay away from any question that doesn't
focus on this central issue: How well would this
person perform on the job?
-
Changing their reasoning for a firing or discipline.
Be straight with employees. Don't sugarcoat your
comments.
-
"Papering" an employee's file. Courts will see
through a rush of disciplinary actions cited in the
days before a termination.
- Being
rude or mean-spirited. Even if a company puts forth
a great legal defense, it will face an uphill battle
in court if the key supervisor comes across as rude
or insensitive.
-
Careless and inconsistent responses to federal
agencies. Position statements filed with the EEOC or
state agency should always tell a consistent story.
- Lack
of legal knowledge. Juries will expect managers to
stay abreast of employment-law changes.
-
Dictating accommodations for disabled workers.
Companies must go through a give-and-take process to
find "reasonable" workplace accommodations for
disabled employees. Managers too often try to
dictate the solution.
-
Firing employees too fast. Managers who fire without
first trying to improve the worker's performance
will appear insensitive and potentially
discriminatory in court.
The
release of the Dirty Dozen list coincides with the
launch of the new theHRSpecialist.com, a one-stop
resource for HR professionals and employers. The new
site includes information and advice on topics
ranging from recruiting and motivating employees to
protecting companies in today's lawsuit-happy
environment. The site offers timely advice-based
articles on the important HR issues of the day, plus
thousands of archived articles, sample employment
policies, white papers and our unique collection of
"Memos to Managers," which HR professionals can copy
and send directly to employees.
"HR
professionals have never been more valuable to the
corporate world than they are today," said Anniken
Davenport, Esq., editor of The HR Specialist:
Employment Law newsletter. "By being proactive, they
can stop lawsuits before they're ever filed. That's
where the advice and information in the new HR
Specialist web site proves most valuable."
About HR Specialist
The
HR Specialist family of products helps HR
professionals quickly resolve their daily
challenges, specifically in the areas of employment
law, compensation & benefits, employee relations,
hiring, HR management and terminations. The
products include a comprehensive subscription web
site, print newsletters, special reports, audio
conferences, reader forums, free e-letters and a
blog.
|
