Sometimes it seems as though there are a thousand ways
supervisors and managers—with the best of intentions—can practically beg for a
lawsuit. We’ve distilled it down into 10 major sins you can talk to your
supervisors about (and you might as well include your managers).
Sin #1. Making
Unlawful Preemployment Inquiries
That’s an interesting accent you have. Where were you born?
Do you have any children? If so, will you have any daycare
problems?
By the way, we’re all about diversity here.
Inappropriate questions during interviews and other
preemployment contacts are a primary source for claims of discrimination. The
courts generally assume that if you asked a question, you intended to use the
answer as a factor in your hiring decision. Therefore, any questions about or
references to protected categories like sex, age, race, national origin, or
religion can later be used against you in court in a discrimination claim.
Sin #2. Delivering
“Dishonest” Evaluations
I’m giving you a “satisfactory” rating and I think we both
know what that means in this company.
I gave her a “good” rating even though her work is poor,
because I think a “poor “rating would be demotivating.
Many managers and supervisors avoid the discomfort of
delivering a review that indicates poor performance and instead cop out with a
“satisfactory” rating. As a result, many legitimate actions taken against an
employee based on poor performance can be questioned because the performance
reviews are positive.
Sin #3. Too Vague in
Discipline and Performance Write-ups
Sally, your work could use improvement.
I’m making a note here that we talked about your
performance.
Jay’s poor performance is unacceptable, and I’m just going
to spell it out—he’s lazy.
Again because of the desire to avoid unpleasantness,
managers and supervisors will often write something on performance evaluations
like “needs improvement.” That’s too vague. Does it mean the employee did a
great job, but there’s always room for a little improvement, or does it mean
that the employee did a terrible job?
Or, how about “Talked about your performance.” Was that to
tell her how exceptional her performance and behavior were?
And then we’ve got judgment words like “lazy.” Again, too
vague. Offer documentation and give specific examples of the unacceptable
behavior.
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Sin #4. Making Rash
Disciplinary Decisions
That’s it, I’ve had it, you’re fired.
Ultimately, firing may be the appropriate thing to do, but
instantly in anger isn’t the way to do it. First of all, an angry, public
tirade gets those “I’m going to sue” juices flowing. Second, you should never
fire without carefully reviewing the circumstances with HR. They are in a good
position to evaluate the appropriateness of the punishment and its consistency
with previous similar cases.
Sin #5. Making
Uninformed Responses to Medical Leave Requests
You want what? You want 5 weeks of bonding leave during our
busiest season? I don’t think so.
You’re going to take every Friday off? That’s not going to
happen.
Few supervisory situations are as frustrating and
challenging as dealing with employee requests for medical leave, but managers
and supervisors have to curtail that frustration and respond professionally.
You just don’t want your managers and supervisors trying to
deal with FMLA leave. The basic rule for managers and supervisors should be:
Contact HR.
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HR.BLR.com, solve your top problem, and get a complimentary gift.
Sin #6. Not Realizing
the “Power” of the Supervisor
Let’s go out for a drink after work. Then maybe we’ll grab
dinner.
I’m hoping everyone will contribute generously to my
charity.
Inviting an employee out for a drink after work may seem a
simple gesture, but the subordinate may view it as an order. Especially if the
request is repeated, it can always be viewed as coercion or harassment.
Supervisors and managers are agents of the company, and when they engage in
behavior that may be considered harassment, it’s especially egregious because
of the power they have over their employees.
Another aspect of supervisors’ agent status is that if the
supervisor knows, the company knows. The company can’t say, “We weren’t aware
of the situation.”
Sin #7. Not Knowing
and Not Enforcing Policies
We’re busy now. Talk to me about that harassment business
next week.
If you think the work’s not safe, you’re free to quit any
time.
Nobody in this department can talk about salaries or
benefits with other employees or outsiders, especially online.
Supervisors and managers are the front line for interpreting
and enforcing the company’s policies. But if they don’t know the policies and their
associated responsibilities, even with the best of intentions, they’ll be
setting you up for a lawsuit.
Sin #8. Making
Wage\Hour Blunders
We’re out of overtime. Can you clock out and then set up for
tomorrow?
You new recruits will be working alongside our regular
employees, but you will all be independent contractors.
Tracy, make sure you stay close to the phone during lunch.
Sandy, keep your phone near you evenings for calls from the
West Coast.
Wage and hour should be simple but it just isn’t. The most
common problems are:
Overtime. You have to track it, pay it, and include bonuses
in the “regular rate” for overtime calculations.
Off the clock. You have to pay for all hours worked, even if
the employee volunteers and even if you’ve forbidden the employee to do work.
Misclassification. Many “independent contractors” are
actually employees who need to be paid overtime. And many “exempt” employees
have duties that do not meet the criteria for exemption.
Sin #9. Letting
Problems Fester
Teresa’s crossing the line with her behavior, but she surely
knows it—she’ll figure it out.
Oh, that’s just Jimmie. He means no harm—he’s just “old
school.”
With bad behavior, it’s always tempting to ignore it in hopes
that the behavior will improve on its own. But you know that’s not going to
happen. Unfortunately, as time goes by, you appear to be condoning the
behavior.
Sin #10. Making “Side
Agreements”
Stay after you clock out for the next 2 weeks until we get
this job out the door, and I’ll make it up to you by writing in extra overtime
next month when the budget switches over.
Take this transfer, and I’ll guarantee you a promotion at
the end of the year.
I can’t pay you for this extra work, but you and your spouse
can go out for a nice dinner on the company account.
Managers under stress may be tempted to make “side
agreements” that either go against policy or consist of promises that likely
won’t be kept.
Three problems arise with side agreements:
- They are illegal and there will eventually be lawsuits.
- Employees will be left feeling that agreements haven’t been honored.
- Others who didn’t get the special treatment or privilege may sue.
Source: HR
Daily Adviser
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