You Know You Need a Lawyer When….

Law, Rules Process, Procedures

You do not know…

DocumentDocumentDocument

Consistency

Accurate andUp-to-DateEmployeePosters and Policies

The Dirty Dozen12 Ways to Get Sued

1. Hire the wrong people for the job2. Misclassify employees as independent

contractors3. Say something stupid4. Don’t communicate with employees5. Have an unsafe workplace6. Ignore whiners

The Dirty Dozen12 Ways to Get Sued

7. Fire an employee who is sick all the time8. Stereotype and play favorites9. Don’t have policies10.Fire first, ask questions later11.Get even – if you complain, you get fired12.Don’t pay overtime

LADDER OF INFERENCE*

DATA

MEANING

BELIEFS

ACTIONS

ASSUMPTIONS

EXPERIENCE *Adapted from The Fifth Discipline Field Book Peter Senge

CONCLUSIONS

The Iceberg of ConflictIssues

_____________Personalities

EmotionsInterests Needs Desires

Self-Perceptions Self-Esteem

Hidden ExpectationsUnresolved Issues from Past

Cloke & Goldsmith

Louie the Lurker

Louie is a longtime employee of ABC Company. You are Louie’s new boss. You notice that he hangs around the door to the Ladies Room a lot. You also observe that he frequently pats female employees on the shoulder.

Today you went by Louie’s cubicle and looked over his shoulder and saw pornography on the computer screen.

ABC has strong policies about Internet sites and sexual harassment.

Fact or Fiction?

Exit Interviews

Discharge the Correct Way

• Was a specific policy violated? • Can you prove it?• Does it warrant termination?• Have other employees been held

accountable to the same policy?• Can you prove the employee knew of the

policy?

Firing – Think About This

• Has the employee complained of harassment or unfair treatment?

• Recently filed a workers’ compensation claim?• Returned from, or applied for, military leave or

medical leave or have accommodations been denied?

• Complained of company wrongdoing or a safety issue?

Seven Steps to Layoff

1) Plan ahead 2) Consider alternatives to reduction in workforce 3) Follow federal statutes, rules and regulations 4) Follow state statutes, rules and legal principles 5) Follow collective bargaining provisions or internal

rules 6) Consider all disability issues, including worker

compensation and leaves of absence 7) Develop and implement a communication strategy

Termination Do’s

• Ensure that there is a reason• Ensure that the reason has nothing to do

with age, sex, race, disability, religion, ethnic origin, citizenship, or a complaint about safety or harassment forbidden by EEO laws

• Talk it over with another supervisor, HR or legal counsel

Termination Do’s

• Rehearse the termination speech• Have at least one other person there• Minimize embarrassment• Be honest – now and forever• Be brief• Take notes

Termination Do’s

• Be gentle but firm• Explain any termination benefits• If employee wants to quit, let him/her do

so, then document immediately• Have an exit interview (?)• Setting up the room

Termination Don’ts

• Fire an employee in anger• Fire an employee in a hurry• Go alone into a termination meeting• Get into a debate• Fail to document• Be inconsistent• Apologize