HR Management & Compliance

#1 Supervisor Mistake: The Trigger-Happy ‘No’

The number one mistake I see is untrained supervisors responding negatively to employees’ requests for reasonable accommodation, says attorney Mark Schickman. They just say “no” without any interactive discussion.

Even if you’re sure there’s no hope of accommodation, you have to have the interactive discussion, he says. And once the refusal is made, and the employee complains, it’s too late to go back.

Schickman, a partner at Freeland Cooper & Foreman LLP in San Francisco, joined other attorney experts from the Employers Counsel Network to deliver hard-hitting answers to questions about the most expensive mistake HR managers make.
The remarks came at BLR’s Advanced Employment Issues Symposium, held recently in Las Vegas.

H1B Public Access File

For immigration expert Hector Chichoni, partner at Duane Morris LLP in Miami, the most common problem is failure to maintain the public access files for H1B determinations.
The requirements for the file are extensive, and the file has to be available for inspection by the public with a day of its submittal. Many employers don’t have this file at all, Chichoni says.


Your complete California employment law desk reference—fully updated for 2012!


Limiting Those Who Need to Know

The most common mistake Dinita James sees is failure to limit the number of people in the know about employees who make complaints, request leave, or take other protected actions. The most basic defense to a charge of retaliation is that the decision maker did not know about the activity. That’s the end of the retaliation claim.

When everyone knows about the protected activity, any negative action taken by anyone will be interpreted as retaliation.

And Don’t Forget State Law

Another common—and costly—mistake made by supervisors and HR professionals alike is failing to consider the many unique nuances of California employment law.

Unless you’re a research superstar, you might not know all you should about these state laws. Why? Unlike the federal government, which puts all new regulations into the Federal Register, states publicize their new regulations in obscure journals, not widely available. Yet officials still expect you to comply.

Fortunately, tools are available to help you keep up with state laws. One is our newly updated 2012 Guide to Employment Law for California Employers. This valuable desk reference has kept employers apprised of state law and its differences from the federal law for years. Here are some reasons they tell us they won’t be without it:


Don’t make a guess about the state of the law in California—getting it wrong could cost you big. Reserve your own copy of the complete 2012 Guide to Employment Law for California Employers—risk-free.


Presents and compares federal and state law on 200 employment topics. For each topic, first there’s a plain English explanation of what you need for federal compliance. Then, right next to the federal, there’s an explanation of what California requires.

Topics alphabetically arranged. Pick today’s HR challenge, from “Affirmative Action” to “Workers’ Compensation,” and it’s easily found.

Highlights of the main changes to both California and federal law for 2012. Easy-scan checklists provide a quick rundown of the main changes you need to be concerned about—turn to the appropriate section in the Guide for a full explanation.

You’ll have easy access to:

  • Over 1,000 pages of reliable, plain-English guidance on key HR issues arranged by topic in an easy-to-use, quick-reference format
  • Highlights of the latest legal changes and developments from the past year
  • Updates on new legislation and regulatory changes and what they mean for you in 2012
  • Coverage of precedent-setting court decisions
  • Quality overviews and analysis of both federal and California requirements
  • And much, much more!

Best of all, the guide costs less than 77 cents each workday in 2012. Compliance peace of mind for less than your daily cup of coffee—you won’t find a better deal anywhere.

Click here to order your copy today, before we get any further into the new year. If you’re not 100 percent thrilled with it, just return it and pay nothing—there’s no risk to you.

Download your free copy of Training Your New Supervisors: 11 Practical Lessons today!

 

2 thoughts on “#1 Supervisor Mistake: The Trigger-Happy ‘No’”

  1. The failure to limit info to those who need to know might be one of the reasons the number of retaliation charges is surging. I read that retaliation was the number 1 charge in the latest EEOC stats.

  2. The failure to limit info to those who need to know might be one of the reasons the number of retaliation charges is surging. I read that retaliation was the number 1 charge in the latest EEOC stats.

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