Focus on Ten Mistakes, Eliminate 90% of Problems

Focusing on those ten instead of trying to train managers and supervisors on everything is the way to get the most bang for your buck. Janus is a partner with Siegel, O’Conner, Zangari, O’Donnell & Beck, P.C. in Hartford, Connecticut. This material originally appeared in our sister publication, the HR Manager’s Legal Reporter.

1. Conducting Unlawful Pre-employment Inquiries

Inappropriate questions can be a source for claims of discrimination. To the extent possible, standardize the application and interview process. Make sure that all applicants for a particular position are asked fundamentally the same questions. Keep questions objective and focused on the job requirements and the skills necessary to perform the requirements. Ask:

• 
  Does this question disproportionately screen out minorities, women, or individuals with disabilities?
• 
  Does this question measure or explore something other than a person’s ability to do the job?

If the answer to either question is yes, is there a way to ask the question to obtain the information needed that is not inappropriate?

2. Delivering “Dishonest” Evaluations

Too many managers and supervisors would rather be nice than honest. As a result, many legitimate actions taken against an employee based on lack of performance can be questioned on the basis of the nice reviews. Janus suggests the following:

• 
  Avoid putting off the inevitable
• 
  Do not overinflate performance evaluations
• 
  Do not make promises that you cannot keep
• 
  In narratives, avoid making personal comments
• 
  If you set standards and they were not met, say so
• 
  Rely on documentation and objective criteria whenever possible
• 
  Do not rely on incidents arising in a time period that is not covered by the evaluation

---

Set that keyboard aside! Your job descriptions are already written. Click here to see why thousands of managers have a permanent place in their offices for BLR’s classic Job Descriptions Encyclopedia.

---

3. Making Rash Disciplinary Decisions

Before disciplining an employee, evaluate the circumstances to avoid (or defend, if necessary) claims of discrimination and wrongful discharge. Consider the following:

• 
  Conduct a thorough investigation
• 
  Review company policy and the employee’s personnel file
• 
  Ascertain that the employee received a copy of the policy
• 
  Give the employee an opportunity to give his or her version of the facts
• 
  Make sure similarly-situated employees were treated the same.

4. Committing Termination Errors/Omissions

Terminations are tough for everyone involved, and it’s easy to make mistakes in the interest of getting through the uncomfortable process as quickly as possible. Janus suggests the following:

• 
  Conduct a thorough review before discharging an employee
• 
  Determine whether the employee was given any oral or written assurances of continued employment
• 
  Do tell the worker in person
• 
  Do use prepared notes
• 
  Do keep it brief (10 to 15 minutes)
• 
  Do treat people like adults
• 
  Do clarify the logistics of leaving and severance
• 
  Do have an outplacement counselor nearby
• 
  Do escort the employee to the next appointment
• 
  Don’t say “How are you, Good to see you” or use platitudes like “I know how you feel”
• 
  Don’t chitchat or try to be funny
• 
  Don’t threaten or berate
• 
  Don’t make promises you can’t keep
• 
  Don’t apologize
• 
  Don’t talk about other employees

---

Prewritten job descriptions in the Job Descriptions Encyclopedia now come with pay grades already attached. Click here to try the program at no cost.

---

5. Making Uninformed Responses to Medical Requests

Few management tasks are more challenging than dealing with employee medical problems—the Bermuda triangle of FMLA, ADA, and workers’ compensation. The time to avoid the legal pitfalls is when you are first aware of the situation. Assess the employee’s rights under each statute separately.  The following questions will help:

• 
  Does the worker have a serious health condition under FMLA?
• 
  Is there an impairment that substantially limits a major life function under the ADA?
• 
  Does the employee have any other handicap, infirmity, or impairment of any kind that might be covered by state disability law?
• 
  Is there an injury present that occurred during work which would mean workers’ compensation would apply?

Generally, managers should contact HR when employees are going to miss work for reasons that might involve “the triangle.”

In tomorrow’s Advisor, more mistakes and some great news—your job descriptions are all written and up to date.

More Articles on HR Policies and Procedures