4 HR Misconceptions Your Managers Believe

Beachboard made his remarks at SHRM’s Annual Conference and Exhibition, held recently in Chicago. He is a shareholder in the Los Angeles and Torrance, California, offices of law firm Ogletree Deakins.

[Go here for urban legends 1 to 9.]

Urban Legend #10

They are the staffing firm’s employee, so we don’t have to worry about liability.
Truth: Joint employment principles create liability for both the staffing firm and the company the leased employee performs work for.

Most contingent workers are employees of the staffing company and its client, especially when contingent workers work alongside the client’s employees. As a result, the staffing company and client share employment law obligations.

Urban Legend #11

“At will” means we can fire anyone, anytime, as there is no contract of employment.
Truth: Even at-will employers cannot fire someone for “bad cause.” Also, there is a contract of employment even in at-will situations.

Remember that at-will does not allow you to fire for an illegal reason, or in some cases, against public policy. Furthermore, at-will employment can be displaced by an employment contract, which may be created by offer letters and oral statements. Unfulfilled promises may lead to liability for fraud.

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Urban Legend #12 

Legend: We can terminate applicants who fail to tell us about disabilities, religious practices, or pregnancy that interfere with their ability to do the job. After all, they effectively lied to us.
Truth: The law says they do not have an obligation to share this information with the employer before being hired.

Employers may not discriminate against a job applicant because of his or her race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information.

Furthermore, employers may not base hiring decisions on stereotypes and assumptions about a person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information.

Urban Legend #13

Few harassment lawsuits get filed, so I’m not worried.
Truth: While statistically the numbers are small, the costs are huge. And there are reasons to root out harassing behavior beyond litigation avoidance.

In FY 2012, the EEOC received 21,088 charges of harassment. Employer impacts include:

• High employee turnover
• Absenteeism
• Lowered concentration at work
• Lowered morale/teamwork/cooperation
• Time spent talking about/dealing with sexual harassment instead of performing work
• Time-consuming investigations
• Distrust among employees
• Adverse publicity

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Trains in 50 key HR topics under all major employment laws, including manager and supervisor responsibilities, and how to legally carry out managerial actions from hiring to termination. (See a complete list of topics below.)

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