Everyone knows that hiring and firing are big lawsuit danger zones, but often, it’s the every-day, routine situations managers and supervisors mishandle, with expensive and disastrous results.
Here are our picks for daily danger situations:
Danger Zone #1:
Dealing with Requests for Time Off for Work
In today’s workplace, a simple request for time off can turn into complex problem. Of course, leave requests are annoying. What department wants to lose a key person for days or even months? And what manager wants to deal with the intricacies of intermittent leave? “What, you get to take 3 hours off ‘whenever’?”
Nevertheless, managers and supervisors must deal with these requests, and do so graciously. For example, if the organization is covered by the Family and Medical Leave Act, supervisors and managers must understand that the company will be required to grant up to 12 weeks of unpaid leave a year for employees who qualify.
And that leave may be taken bit by bit in the most frustrating way. Couple that with tricky definitions like “serious health condition” and the very specific notice requirements, and it’s probably best to tell managers and supervisors to consult with HR when employees request leave or are absent for more than a few days.
The Americans with Disabilities Act, which prohibits discrimination against qualified individuals with a disability, may also come into play in these situations, particularly with respect to granting time off as a reasonable accommodation for an employee with a disability. Once again, the complexities of the law suggest a trip to HR.
Danger Zone #2:
Handling Other Employee Requests
Employees can come up with a lot of requests. They want to work at home, they want to share jobs, they want to go to school, they want any number of things.
Whatever the request, deal with it respectfully. If there is a policy, follow it. If not, tell the employee that you will get back, and then check with HR.
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Danger Zone #3:
Accepting Complaints and Concerns
Employee complaints are another challenge that make most managers and supervisors want to scream. But actually, you want the complaints. You want your employees to come to you rather than to a government agency or an attorney. You want to know of problems like harassment and discrimination as soon as possible so you have time to act.
In addition, complaints about wages or safety or illegal activity are generally protected activity. And this is true even if the basis of the complaint is totally wrong. So treat all of these complaints seriously.
Take notes, check with the appropriate department, and then give the employee a reasoned response.
Danger Zone #4:
Performance Appraisals
Performance appraisals are a routine duty that’s often done casually. “I’ll just give her a ‘good’ and be done with it.” Always remember that that “good” can come back to haunt you when you try to fire that person for poor performance.
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Danger Zone #5:
Compensation and Pay
Your organization probably has guidelines for compensation management. The lawsuit prevention side of exempt compensation is primarily an issue of consistency and fairness (that is, avoiding discrimination).
On the wage and hour side, overtime and regular pay and bonuses are a potential source of problems. Be sure to observe the rules of the Fair Labor Standards Act (FLSA) and state law.
Some aspects of the FLSA are technical, such as rules for waiting time, travel time, donning and doffing, and so on. Sort them out with your compensation department so you won’t have to deal with them after the fact. For example, don’t let an employee come back from a trip thinking he or she will be paid for hours that you don’t intend to pay for.
Also beware of employees who work when not being paid, even if they say it’s no problem. Whenever employees are working for you or doing anything for your benefit and you are not paying them, you are probably violating the FLSA.
In tomorrow’s Advisor, more daily danger zones, plus an introduction to a special product just for smaller—or even one-person—HR departments.
Another danger zone: Inconsistent treatment. It’s natural for managers to want to grant requests by Hardworking Harold, and deny them to Difficult Delia, but giving in to this tendency nearly always leads to legal trouble down the line.