Cummins, principal of the Law Offices of Barbara Meister Cummins in New York City, offered her Top 10 at a Human Resources Association of New York Legal Conference.
(Go here for quotes one to six)
7. Remember Joe, whom we fired? He’s back … in the lobby … with a gun.
Terminating the potentially violent employee creates a risk in itself, but keeping the employee on the payroll is not an option, says Cummins. Manage the termination with dignity. Have Security available, if necessary, but as discreetly as possible.
Be sure to get the employee to return all property, including means of access to the worksite. Change access codes, if any.
Consider obtaining a temporary restraining order, especially if the employee has committed hands-on violence, has threatened violence, or made a specific threat.
8. We all knew she wasn’t coming back after the baby, so I just told her she didn’t have to bother to come in.
An employee’s statement of intent not to return after a leave must be unequivocal. For example, in one case the statement, “We’re going to part company at the end of this leave,” was not sufficient notice, Cummins says.
Remember, she adds, that the Family and Medical Leave Act is a strict liability law. In other words, if leave or return is denied to an eligible employee, there are no defenses.
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9. Naw, I didn’t need HR’s help with the firing. I just told Sue we were eliminating her job.
Managers often resort to little white lies to spare employees’ feelings or because they don’t have adequate documentation of poor performance.
Unfortunately, you must assume there will be a charge or lawsuit after termination, Cummins says. Lawsuits mean depositions and testimony. False or inconsistent reasoning shoots your credibility. Telling the truth up front solves the problem.
10. Oh, you didn’t know? I’m dating my secretary Sally now.
Office romance is a recipe for disaster, says Cummins. You will likely face claims of favoritism, fears of pillow talk, and a perception that one gets ahead by sleeping with the boss, a situation recognized by many courts as a viable hostile environment claim.
Other nightmare possibilities: There’s a wife who insists that Sally be fired. Or, you transfer Sally, who sees the transfer as retaliatory. Or, the relationship ends, and Sally is the most qualified for a promotion. Don’t promote, and it’s retaliation. Promote, and brace yourself for complaints from employees who didn’t sleep with the boss.
To nip these problems in the bud, Cummins suggests:
Violence, pregnancy leave, subordinate dating—tricky issues even for veteran managers, but truly challenging for new supervisors and managers. Actually, none of their new duties are easy—hiring, firing, and everything in between (like handling intermittent leave or accommodating a disability).
It’s not their fault—you didn’t hire them for their HR knowledge—and you can’t expect them to act appropriately right out of the box. But you can train them to do it.
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