Want to ruin a plaintiff attorney’s day? Attorney Whitney Warner suggests 5 keys to avoiding claims and other costly legal entanglements in the wake of complaints from employees. She calls them “claim repellent.”
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Warner is a founding partner of Moody and Warner PC in Albuquerque, New Mexico. Her tips on how companies can keep employee claims away came at the SHRM Annual Conference and Exhibition, held recently in Orlando.
1. Be Responsive to Employee Complaints
When employees complain, they want the situation fixed. So be responsive, says Warner. Act quickly, within 24 hours if possible. Treat the complaint as if it has merit instead of dismissing it as inconsequential. Ask yourself, What would I do if everything the employee complains about is true? Also, she says, have skepticism about the supervisor’s explanations. The supervisor will never say, “I fired them because they are over 40.” Verify with paper, says Warner.
2. Discipline the Manager Who Dropped the Ball and Disown the Bad Conduct
For example, says Warner, you might discipline a manager who:
- Observed unacceptable conduct/language/jokes but did not intervene
- Sat on a complaint
- Made a decision without using correct procedures
Discipline those about whom the allegations were made as well, especially high-ranking managers. At a minimum, have a conversation and document it, says Warner. Once this is done, disown the unpleasant conduct by communicating to the employee that “X is against the policy and values of our organization. Thank you for reporting it.” Also, Warner says, be sure that no retaliation against the complaining employee occurs.
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3. Maintain Great Documentation
Keep your paperwork airtight when it comes to conduct, complaints, and how they were handled. For example, says Warner, have progressive discipline documentation that shows any employee agreements to try harder. Maintain notes of complaints and meetings. Be sure documents are detailed with the employee’s actual mistakes. E-mail, Facebook, and Twitter accounts may show that the employee didn’t care about the job or even knew he was doing a bad job. Records of Internet, e-mail, and text usage may help show an employee’s proclivity to wasting time.
4. Offer Something to Make It Better
For example, says Warner, offer time off, counseling expenses, a new location, a different supervisor, or repayment of lost wages. Or simply ask the complaining employee, “What can we do that would work this out?”
5. Show Candor and Empathy
Be clear, says Warner: We messed up. We feel terrible. This is how we fixed it. “This KILLS!” Warner says. Honesty, transparency, and empathy are some of the best tools an organization can use to head off any possibility of a future claim.
3 Things Plaintiff’s Lawyers Hate the Most
Warner summarized her presentation with the three things that plaintiff’s lawyers hate:
- The employer responded with an immediate (and adequate) investigation.
- The employer fixed the problem; the conduct stopped.
- The employer tried to make it right; they offered something to make it better.
By following the five simple claim repellent tips, your organization will always bring these three things to the table and significantly reduce your risk of costly lawsuits and/or damage to your company’s reputation.
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