Monday HR Minute: Staying Out of Legal Hot Water

Monday HR Minute: Staying Out of Legal Hot Water

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Staying Out of Legal Hot Water

We often get questions that start along the lines of “can I get sued for…?”

With that in mind, we have prepared a list of common management mistakes that can escalate into lawsuits or at least complicate your efforts to avoid legal action. While you are likely already aware of the big no-no’s like discrimination and harassment, there are also a number of routine bad habits that can become problematic from a legal perspective, including:

Not following established policies or procedures. Employees are entitled to fair treatment, and the foundation of this is ensuring we don’t pick and choose which rules we enforce and on whom we enforce them. Lack of consistency here opens the door to claims of favoritism and arbitrary treatment.

Not taking complaints seriously. While many workplaces may feel like family, it is still a workplace, and expectations for conduct should reflect that. When it comes to behavior that an employee perceives as wrong or inappropriate, remember that perception often carries more weight than intent.

Documentation. No documentation, too much documentation (yes, it can happen!), sloppy documentation, overly subjective documentation and documentation created well after-the-fact – all can create landmines.

Letting issues fester. Whether it’s related to conduct, performance or attendance, having tough conversations is one of our least enjoyable tasks as managers, but it is also one of the most important and necessary. Ignoring issues will not make them go away; it will only encourage them to escalate into bigger issues.

Inflating performance ratings. A performance review that does not accurately reflect areas in which an employee needs improvement does nothing to help the employee or the organization and creates a significant challenge down the road if “poor performance” leads to termination.

Not understanding the law. While managers may not understand every aspect of various employment laws, they at least need a basic understanding to recognize red flags. Ignorance of the law is never a winnable defense.

That Affinity HR Group is an endorsed HR provider for more than a dozen national trade associations? And that we can help you recruit for your next rock star employee for a fraction of the price of a typical recruiter?

"Affinity HR Group helps us hire the right people for our fast growing organization. We have a great working relationship with the Affinity HR team. It’s a true partnership."

Leslie O’Bryan, ERPA
Chief Operating Officer |
Benefits Administrators

And Affinity can ensure your HR practices & policies are compliant and costs a fraction of the price of other national providers, such as Paychex & ADP.

"We have Affinity HR Group on a monthly retainer. They back-stop our HR team and have enabled us to delay hiring a senior HR professional. They are always responsive and helpful. We would recommend them to other building service contractors."

Michael Diamond, CBSE
Managing Partner | Affineco

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The Monday HR Minute, brought to you by Affinity HR Group, is designed to provide you with practical, applicable human resources and management advice and information in a format that will take you 60 seconds or less to read. We believe that by dedicating just one minute a week to thinking about people management practices, business owners and managers can make enormous strides in improving workplace performance.

Affinity HR Group is a full service human resources consulting firm that specializes in advising small and medium-sized enterprises. Our services include recruiting and selection, HR policies and compliance, ad hoc HR support, compensation and performance management, and training and development. We are an endorsed HR partner of a number of leading national trade associations and offer free initial consultations and discounted services to their member companies.
Email us at contact@affinityhrgroup.com or call 877-660-6400.

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This e-mail may contain general information about legal matters. Affinity HR Group does not provide legal counsel. The information provided should not be considered legal advice and should not be relied on as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about this content or any legal matter you should consult your attorney or other professional legal services provider.