Supervisors and managers with the best of intentions say the worst possible things. Some are said out of concern and some out of a desire to “act like a manager.” But they’re all dangerous. Here’s a rogues’ gallery of 7 of the most troublesome.
1) I think you’re depressed. Shouldn’t you see somebody?
Comments like this may be made with the best of intentions, but they can have disastrous repercussions. That’s because questions about medical conditions and disabilities put you on record as “regarding” the employee as having a disability. And that can lead to ADA and other compliance dilemmas.
In these situations, focus on the job requirements and how a person is failing to meet them. Don’t make clinical judgments. It is OK to ask “What can I do to help?”
2) You’re going to take 5 weeks off to “bond”? I don’t think so.
The rules regarding leave—including the Family and Medical Leave Act, the Americans with Disabilities Act, workers’ compensation laws, and myriad state regulations—are treacherous territory. Tell untrained managers and supervisors they need a guide to go there … you.
Make your rule a simple one—when people ask for time off, talk to HR.
Fully in compliance with all the HR laws? How can you be sure? Attend the March 13 BLR audio conference, HR Self-Audits: How to Discover (and Fix) Your Weak Spots Before a Federal Agency or Disgruntled Employee Does. Can’t attend? Pre-order the CD. Click for details
3) You’re giving 2 weeks’ notice? Why don’t we just make today your last day. You’re fired!
Nice work—you’ve just turned a voluntary resignation with little potential for a lawsuit into a termination with every likelihood of legal action. If you must have a terminated employee leave immediately, pay the 2 weeks anyway. It’s cheap insurance.
4) Are you married, and what are your plans for a family?
This is a typical interview question, and a dangerous one. Marriage and family questions are out, right along with, “Are you pregnant?” and “Do you have childcare responsibilities?”
Questions along these lines always suggest a discriminatory motive. The employee may sue, charging discrimination, and you will have to explain why you asked the question.
New managers and supervisors are the ones most likely to blurt out inappropriate questions—because they are inexperienced and nervous interviewing others. Train people before you allow them to interview.
5) Oh, what a lovely accent—where are you from?
Any racial, ethnic, and religious questions and comments are out of bounds.
6) Do you really want to transfer to a job that has so much travel with those young children?
This is what we call a “patronizing” question. It’s going to be held to be discriminatory, especially if only asked of women.
Peace of mind is hard to come by in HR. But you can come close with a successful HR self-audit. Find out how at BLR’s new March 13 audio conference on how to do one. Satisfaction is assured. Click for info
7) You’re fired, and I don’t have to give you any reason because employment is “at will.”
In many states and situations, this statement is probably true. But, as they say, just because you can do it doesn’t mean you should do it. When you give no reason, you leave the door open for discrimination lawsuits. “You fired me because I am (insert race, sex, age).” Trying to lean on your “at-will” defense in court will leave you looking quite vulnerable.
Giving a false reason isn’t much better. The popular “It’s because of performance” sounds good, until you’re in court defending years of “good” ratings, while “sorry, we eliminated your job” sounds good until a plaintiff lawyer asks you why you filled the same job the next week. Once the court concludes that you lied, discrimination will be the logical conclusion.
In the next Advisor, we’ll cover things managers and supervisors should say and present a new audio conference that helps you ensure that they’re doing the right thing.