Segal, a partner with Duane Morris law firm in Philadelphia, shared his expertise at SHRM’s Employment Law and Legislative Conference, held recently in Washington, DC.
[Go here for tips 1 through 13]
14. Focus on Risk Selection, Not Risk Avoidance
In 2012, there’s no avoiding risk, says Segal. For example, say there’s a hiring decision and someone says, we have to hire the person because he or she might sue us for discrimination if we don’t. But if you hire the wrong person, you’ll ultimately fire him or her. The risk of a discharge suit is higher than the risk of a failure to hire suit, Segal says.
15. Provide Advice Through the “Chief’s Window”
Whether orally or in writing, start with the chief’s legitimate goal. (“I understand the business issues, I see what you’re trying to accomplish.”)
Talk about how the goal could be misperceived and attacked. (“Let me tell you how a jury might see this situation.”)
Suggest alternatives; don’t say “no” unless there is no real choice. (“Are there alternatives WE should consider?” or “I’d like to end this now instead of enduring a protracted court battle with this person. Here are some alternatives.”)
16. Be Careful of the Distinction Between ‘Legal Risk’ and ‘Illegal’
For example, says Segal, firing an employee who is pregnant has legal risk; firing an employee because she is pregnant is illegal.
17. Be Careful of the Distinction between Legally Recommended and Legally Required
For example, job descriptions are not legally required, but they are recommended.
18. Provide Updates to the Senior Team
Make sure you keep C-suite up to date on new developments including pending legislation that may hurt (or help) the organization, and at the federal, state and local levels.
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19. Accept and Clarify Your Role
Clarify when you are advisor and when you are the decision maker. Don’t intuit—ask, says Segal. Failure to recognize when you are “only” an advisor may lead to serious problems.
20. Revitalize Yourself
Make sure others know what you have done–you can have humility but still sell your competence and your accomplishments, says Segal.
Finally, he says, make sure you have passions outside of work. (His is animal rescue. If you’re not busy this weekend, go and adopt a dog, he suggests.)
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“Suggest alternatives; don’t say “no” unless there is no real choice.” Great tip. It seems like all too often people reflexively say no without really exploring alternatives. And that kind of response really turns off both executives and employees. It’s much better to be known as a problem solver than as the person who is always going to say no.