In yesterday’s Advisor, we pointed out the new dangers from retaliation against protected workers. Today, more tips for preventing retaliation, and an introduction to a unique training system for your supervisors and managers.
It’s Stupid, But It’s Natural
Retaliation lawsuits are the most easily avoidable lawsuits out there, but unfortunately, for many managers, the natural response to certain situations is to “get back” at the employee. For example:
- You’re unjustly accused of running an unsafe workplace, and OSHA is calling
- An employee wants leave to bond with a new child just at crunch time
- Your assistant thinks he should have gotten the promotion and calls the EEOC, and you know the promotion legitimately went to another candidate
Let’s face it, any manager is going to be annoyed in these situations. But to let it blossom into retaliation is just dumb. You have to train your managers and supervisors to:
- Back off. Don’t react in a negative way.
- Check with HR.
In addition, all supervisors and managers should be aware of the basics of discrimination and leave laws. Many times, the best advice to all supervisors is when difficult situations arise, do only one thing: go see HR.
Yes, you do have the budget and time to train managers and supervisors with BLR’s 10-Minute HR Trainer. Try it at no cost or risk. Read more.
The Appearance of Retaliation
In most cases, managers and supervisors (we hope) are not actually retaliating, but there can be the appearance of retaliation. This is usually due to timing and is aggravated by either stray remarks, trying to be nice, or lack of documentation and poor procedures.
Example 1. You terminate an employee who is a terrible worker. But to save face all around, you tell the worker he is fired for budgetary reasons.
OR
Example 2. You do tell the worker that he is fired for performance reasons, but you don’t have good documentation to back up your decision.
OR
Example 3. Worse, and unfortunately typical, you tell the worker that he is fired for poor performance, but your documentation contradicts your stated reason. For example, a recent performance appraisal says “good” performance, or you recently gave the employee a raise or bonus.
In all three examples, the worker recently filed a complaint with a federal agency. He says you fired him because he filed the complaint.
Already you’ve got timing against you—it’s easy to infer that the firing is related to the complaint because of the proximity of the two acts. Unless you can prove otherwise.
Unfortunately, in example 1, your situation is weakened because you “lied” about the reason for termination.
In example 2, your situation is weakened because you have no or poor documentation to back up your story.
In example 3, your documentation actually contradicts your story.
That’s bad enough, but now throw in a few stray remarks that the manager made:
- “I’m not going to stand for this.”
- “You’ll pay for this.”
And your goose is cooked.
As with most managerial challenges, the solution is simple … training, consistent, regular training.
Training supervisors and managers is critical, but it’s tough to fit it in. To train effectively, you need a program that’s easy for you to deliver and that requires little time from busy schedules. Also, if you’re like most companies in these tight budget days, you need a program that’s reasonable in cost.
We asked our editors what they recommend for training supervisors in a minimum amount of time with maximum effect. They came back with BLR’s unique 10-Minute HR Trainer.
Train your line managers with BLR’s 10-Minute HR Trainer. There won’t be time for classroom boredom. Try it for free.
As its name implies, this product trains managers and supervisors in critical HR skills in as little as 10 minutes for each topic. 10-Minute HR Trainer offers these features:
Trains in 50 key HR topics under all major employment laws, including manager and supervisor responsibilities, and how to legally carry out managerial actions from hiring to termination. (See a complete list of topics below.)
Uses the same teaching sequence master teachers use. Every training unit includes an overview, bullet points on key lessons, a quiz, and a handout to reinforce the lesson later.
Completely prewritten and self-contained. Each unit comes as a set of reproducible documents. Just make copies or turn them into overheads, and you’re done. (Take a look at a sample lesson below.)
Updated continually. As laws change, your training needs do as well. 10-Minute HR Trainer provides new lessons and updated information every 90 days, along with a monthly Training Forum newsletter, for as long as you are in the program.
Works fast. Each session is so focused that there’s not a second’s waste of time. Your managers are in and out almost before they can look at the clock, yet they remember small details even months later.
Evaluate It at No Cost for 30 Days
We’ve arranged to make 10-Minute HR Trainer available to our readers for a 30-day, in-office, no-cost trial. Review it at your own pace and try some lessons with your colleagues. If it’s not for you, return it at our expense. Click here and we’ll set you up with 10-Minute HR Trainer.
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