You are not alone, says attorney Jean Johnson. Write as if you’re being published, speak as if you’re being recorded, and act as if you’re being videotaped. Never expect that there is a secure place to engage in improper conduct, she says.
Yesterday’s Advisor presented Johnson’s tips for lessening the danger of discovery. Today, more of her tips, and an introduction to a special program for smaller, or even one-person HR departments.
Johnson offered her tips at a SHRM-sponsored Legal and Legislative Conference. Johnson is a preventive law training specialist from Houston, Texas (www.legalwatch.com).
[Go here for yesterday’s tips.]
Follow Policies and Procedures
In discovery, the request for production always includes a request for copies of the organization’s policies and procedures pertaining to the case. The opposing attorney will carefully match your actions in the situation to the requirements of your policy. Make sure that your documentation reflects your knowledge of organization policies.
Support Assertions with Facts
Assertions that are not supported by facts are weak at best, and suspicious at worse. One way to evaluate how you are doing is this: Ask yourself, would all the readers of your documentation reach the same general opinion based on the facts that you have presented? If you don’t have facts, or if the facts don’t support your opinion, you should not be documenting.
Unsupported statements such as “Kyle is faking his injury,” “Ramona needs to use her time more wisely,” or “Ronnie has a bad attitude,” should not stand alone without facts to back them up.
Avoid Inflammatory Words
When documents contain inflammatory words, they can inflame employees (and juries). In one case, a terminated woman was negotiating for a modest settlement until an email surfaced during the discovery process. It said, “Look what the [expletive deleted] wants now.” Suddenly it became an expensive case.
E-mail is not the place for comments like this one (if there ever is a place). E-mail is not a conversation, it is a legal document. (As one wag noted, the jury won’t be looking at the e-mail in 12 point type—it will be blown up a foot high and displayed on a placard.)
Managing an HR Department of One was recently recognized as one of SHRM’s “Great 8” best-selling products. Examine it at no cost or risk for 30 days and find out what all the buzz is about.
Be Careful about Assigning Blame
If your documents assign blame to an employee, you run the risk that the person you blamed will retaliate against the organization. They may try to shift the blame back onto the organization, says Johnson.
Dealing with discovery is a challenge for every HR manager. But really, it’s one of what, a few dozen daily HR frustrations? We’re talking about intermittent leave headaches, accommodation requests, investigations, training, interviewing, and attendance problems, to name just a few. 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 tougher.
BLR’s Managing an HR Department of One is unique in addressing the special pressures small HR departments face. Here are some of its features:
- Explanation of how HR supports organizational goals. This section explains how to probe for what your top management really wants and how to build credibility in your ability to deliver it.
- Overview of compliance responsibilities, through a really useful, 2-page chart of 23 separate laws that HR needs to comply with. These range from the well-known Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and new healthcare reform legislation to lesser-known, but equally critical, rules such as Executive Order 11246. Also included are examples of 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 repeatedly changing.)
- Training guidelines. No matter the size of your company, expect to conduct training. Some of it is required by law; some of it is just good business sense. Managing an HR Department of One walks you through how to train efficiently and effectively with a minimum of time and money.
- Prewritten forms, policies, and checklists. These are enormous work savers! Managing an HR Department of One has 46 such forms, from job apps and background check sheets to performance appraisals and leave requests, in both paper and on CD. The CD lets you easily customize any form with your company’s name and specifics.
Feel as if you’re all alone in HR? Take on a partner—Managing an HR Department of One. Examine it at no cost or risk for 30 days. Get more information.
If you’d like a more complete look at what Managing an HR Department of One covers, click the Table of Contents link below. Or, better yet, take a look at the entire program. We’ll send it to you for 30 days’ evaluation in your own office with no obligation to buy. Click here, and we’ll be happy to make the arrangements.
Download Table of Contents
Order or Get More Information