Things are getting really busy, and now employee A wants FMLA leave, B has jury duty, and C needs an accommodation. It can be frustrating, but employees have rights, and it’s foolhardy to challenge them.
In yesterdays’ Advisor we began covering 10 essential steps for avoiding employee lawsuits. Here are steps 5 through 10:
Step 5. Respect Employee Rights.
You must allow employees to exercise their rights (and you must be sure not to retaliate against them when they do so).
Employee rights include the right to a safe workplace, Family and Medical Leave Act (FMLA) leave, disability accommodation, freedom from discrimination and harassment, union activity, and pay and overtime, to name just a few.
Step 6. Eliminate Harassment.
Do not participate in or allow harassment of any kind. Remember that the person being harassed is the one who decides if behavior was harassing. “I was just joking” won’t get you off the hook, nor will “They participated; they seemed to like it.” In court you’ll hear, “Of course I went along, I need to feed my four young children.”
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Step 7. Beware of Daily Danger Zones.
Hiring and firing get the most attention, but there are dozens of routine actions that also can be legally dangerous. Supervisors and managers should be trained in what to do when faced with leave requests, complaints of harassment or discrimination, appraisals, discipline, compensation, development, and promotions. In every case, follow policy, treat people consistently and fairly, and call HR if you are unsure.
Step 8. Take Extra Care with Terminations.
A termination rarely needs to be immediate, so step back, check with HR, and be sure that it’s the right thing to do.
Step 9. Perform Every Required Action.
Often, when supervisors and managers hesitate to act, they take a situation that could have been rescued and turn it into one that is impossible to rescue.
Step 10. Keep Careful, Consistent Records.
Step 10 is clear enough. So if you can focus on those 10 items, you’ll likely avoid those expensive, energy-sapping lawsuits.
Of course, training managers to avoid lawsuits is only one of what, a dozen challenges that will hit your desk today? Harassment accusations, intermittent leave headaches, military reemployment, accommodation requests? Let’s face it, in HR, if it’s not one thing it’s another. And in a small department, it’s just that much more challenging.
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- Overview of compliance responsibilities, through a really useful 2-page chart of 21 separate laws with which HR needs to comply. These range from the well-known Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) to lesser known, but equally critical rules such as Executive Order 11246. Also included are federal and state posting requirements. (Proper postings are among the first things a visiting inspector looks for … especially now that the minimum wage has been changing repeatedly.)
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As an addendum to this article, I’d like to see an article on Employee Responsibilities as well as one on Employer Rights.
You are right…employees do have rights. What I have found is that managers are not aware of employment laws and their own legal responsibility in upholding the rights of the employees.
Pat