How Not to Get Sued by Your Employees in 2019

Train Your Managers

It’s great to have an up to date employee handbook that puts your workforce on notice of your company’s policies and procedures, but training your management personnel is also essential.  Managers must be trained on how to address employee absences and inquiries under the Family and Medical Leave Act, Americans with Disabilities Act, and workers’ compensation laws, equal employment opportunity, anti harassment discrimination policies and avoiding retaliation.

Complete Accurate Performance Evaluations

Sometimes, an inaccurate performance evaluation is worse than not evaluating an employee’s performance at all.  Unfortunately, in an effort to avoid conflict, many managers will inflate an employee’s performance rating.  Although it may make a manager’s life easier in the short term to just give a lackluster or struggling employee a pass on his or her evaluation, it will be extremely difficult later on for your company to defend a decision to discipline or terminate that employee for performance based reasons when the evaluations reflect a different performance record.

Address Work Conflicts Promptly

Nearly all employment law claims stem from interpersonal conflict between employees, especially conflicts (perceived or actual) between an employee and a new manager.  Do not turn a blind eye toward such conflicts.  To keep problems from spiraling out of control, you should identify and address employee conflicts in a timely manner and follow-up with the individuals involved to ensure that the situation has been satisfactorily resolved.

Apply Policies and Procedures Consistently

Consistent application of your organization’s employment policies and procedures provides your first and best line of defense to employment law claims.  Inconsistency breeds complaints of favoritism and may also provide circumstantial evidence of discrimination or retaliation.

Document, Document, Document

Documentation is to the defense of lawsuits as location is to real estate investment.  It’s everything.  Write a memo to the file, send an e mail to yourself, or jot it down on a cocktail napkin and throw it in your desk drawer – JUST DOCUMENT EMPLOYEE ISSUES.