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How to Avoid Legal Problems With Your Employees

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Even employers who are committed to understanding and complying with employment law run the danger of legal problems with their employees.

It can be extremely expensive, time consuming, and devastating to a firm’s reputation if they are required to deal with an employee who pursues a court case.

This is a case in which the old adage that “an ounce of prevention is worth a pound of cure” holds absolutely true. If you can prevent an unhappy employee to begin with, then you should be able to handle most employee issues quickly and quietly, before the employee feels the need to seek revenge or restitution through the legal system.

To avoid being put into a situation that could cost you millions of dollars, your firm, and your good name, follow a few simple suggestions.

  • Respect your employees. If your employees are treated with respect, their ideas and concerns have a sympathetic ear, or are treated with kindness, then they are more likely to come to you when they have a problem.
  • Avoid public shaming or embarrassing of employees. If there is a problem with an employee’s work, the best solution is to quietly bring the employee in and speak with him or her privately. If the employee shares personal information with you, it should stay private and personal.
  • Be accessible to your employees. If employees know they can come to you with difficulties or when they are unhappy, then you are more likely to hear about problems early on, before they become legal issues.
  • Let employees know you value their suggestions. When they give you an idea, utilize it if possible. Let employees know you really mean it when you say you value their opinions and want their ideas.
  • Consistency is key. You must treat employees in similar situations in the same way. If you allow one employee to work through lunch and leave early, then you must allow other employees with similar circumstances to do the same. If you treat employees differently, then you are begging a discrimination lawsuit.
  • Give regular performance evaluations. These not only alert an employee to any problems you may have with their performance, they also cover you in court if you do have to fire for cause. They can show that you let an employee know about poor performance and gave them opportunity to improve.
  • Make decisions based on the job that is being done or needs to be done, not on the personal circumstances of individuals. There can be no favors given to one employee because of children or spouse unless the equal consideration is given to a single employee. Therefore, you must, as an employer, keep all personal circumstances out of the equation when making decisions affecting your office. Make wise business decisions based on efficiency and economic sense to avoid lawsuits.
  • Do not punish employees who report safety, employment or harassment violations. While you can encourage such complaints to come to you first by having an open and caring environment in the workplace, if an employee does bypass you and report such violations, concentrate on fixing the problem, not punishing those who report the problem

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