In our litigious society, it’s easy to feel overwhelmed by the sheer volume of employment law for which an employer can be held liable. While “I didn’t know” is not a justifiable defense in the court of law, a few simple rules can be a good offensive strategy to reduce the risk of facing an expensive, time consuming, and potentially damaging claim.
Simple Steps to Avoiding Employment Lawsuits
1. When in doubt, start by asking questions.
I recently heard a lawsuit where an employer was sued after firing an employee for violations of the attendance policy after requesting a medical leave (Murphy v. FedEx National). As an outside observer, had the employer obtained the employee’s explanation of the events in question, the circumstances might have turned out differently.
Talking with an employee about events in question is good employee relations practice. The interaction provides details of the events to make an informed decision, documentation to support the final decision, and offers the employee a warning that their employment status is under consideration.
2. Implement the golden rule. Treat employees like you would want to be treated.
Early in my career, a colleague offered me solid advice, “Treat employees like human beings.” While difficult decisions that affect employees must be made every day, being fair, while showing dignity and respect to those affected, minimizes the number of employees who determine litigation is the only source of resolution to a negative situation. Don’t be afraid to consider how you’d like to be treated if you were in a similar situation.
3. Be consistent.
It is easy to be inconsistent when there is not written record of decisions made in the past or how they are to be made in the future. Inconsistency breads claims of discrimination, whether or not that was true reason. While attempting to define every situation would be impossible, an organization’s policies and procedures establish the foundation on which decisions can be made and enforced with a level of consistency.
While ultimately anyone can attempt to bring charges against another party for any reason, an employer’s best defense is a good offense. A good offense starts by implementing policies and procedures to provide consistency in practice, training managers how to interact and treat others with dignity and respect, and gathering all the information available before making a final decision.
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Tags: business, employee retention, human resources consulting, human resources management
