Special from SHRM Employment Law and Legislative Conference
Washington, DC
In yesterday’s Advisor, we highlighted attorney Jonathan Segal’s tips for communicating with the C-suite. Today, his take on lawsuit avoidance, plus an introduction to the all-HR-in-one website, HR.BLR.com.
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.)
Dealing with the C-suite—never easy, but certainly not your only challenge. In HR, if it’s not one thing, it’s another. Like FMLA intermittent leave, overtime hassles, ADA accommodation, and then on top of that whatever the agencies and courts throw in your way.
You need a go-to resource, and our editors recommend the “everything-HR-in-one website,” HR.BLR.com. As an example of what you will find, here are some policy recommendations concerning e-mail, excerpted from a sample policy on the website:
Privacy. The director of information services can override any individual password and thus has access to all e-mail messages in order to ensure compliance with company policy. This means that employees do not have an expectation of privacy in their company e-mail or any other information stored or accessed on company computers.
E-mail review. All e-mail is subject to review by management. Your use of the e-mail system grants consent to the review of any of the messages to or from you in the system in printed form or in any other medium.
Solicitation. In line with our general non-solicitation policy, e-mail must not be used to solicit for outside business ventures, personal parties, social meetings, charities, membership in any organization, political causes, religious causes, or other matters not connected to the company’s business.
We should point out that this is just one of hundreds of sample policies on the site. (You’ll also find analysis of laws and issues, job descriptions, and complete training materials for hundreds of HR topics.)
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