Thursday, June 5, 2008

Top Tips for Avoiding Legal Troubles with Employees

You can't afford to ignore or mishandle employment problems. A botched employment situation can cost you millions of dollars if it turns into a lawsuit. Protect yourself using these commonsense tips.

1. Treat your workers with respect.Those who are deprived of dignity, humiliated or treated in ways that are just plain mean are more likely to look for some revenge through the legal system -- and juries are more likely to sympathize with them.

2. Communicate with your workers. Adopt an open door policy and put it into practice. This will help you find out about workplace problems early on, when you can nip them in the bud.

3. Be consistent. Apply the same standards of performance and conduct to all of your employees. Successful discrimination lawsuits start when you treat workers in the same situation differently.

4. Give regular evaluations. Performance evaluations are your early warning system regarding employment problems -- and your proof that you acted reasonably, in case you end up in court.

5. Make job-related decisions. Making sure that your personnel decisions are business-related, makes economic sense and will keep you out of lawsuits for discrimination, violation of privacy, and wrongful termination.

6. Be discreet. Loose lips about employee problems are a surefire way to bring the law down upon your head. You could be sued for defamation, causing emotional distress, or creating a work environment that is hostile.

7. Don't punish the messenger. Employers get in trouble when they discipline whistleblowers or workers who complain of harassment, discrimination or unsafe working conditions. Take action to deal with the problem itself, not with the employee who brought the problem to your attention.

8. Keep good records. If a worker sues you, you'll have to not only remember and explain what happened, but also prove that your version of the story is accurate. To make your best case, keep careful records.

9. Take action when necessary. Once an employment problem comes to your attention, resist the temptation to hide your head in the sand. Take action quickly, before it turns into a real mess.

10. Adopt sound policies and follow them. An employee handbook is an indispensable workplace tool that can help you communicate with your employees, manage your workforce and protect your business from lawsuits.


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1 comment:

Anonymous said...

As always, a good rule of thumb is to treat others in the manner that you would like to be treated. Listen, emphasize, and continuously communicate.