Are You Playing by the Rules?

Are You Playing by the Rules? Exploring some Key Points in the Employee Manual - Workers’ Together USA Southern Territory Headquarters - Human Resources Department

Making Unlawful Preemployment Inquiries • That’s an interesting accent you have. • Where were you born? • Do you have any children? • If so, will you have any daycare problems? • By the way, we’re all about diversity here. USA Southern Territory Headquarters - Human Resources Department

Delivering "Dishonest" Evaluations • I’m giving you a “satisfactory” rating and I think we both know what that means in this company. • I gave her a “good” rating even though her work is poor, because I think a “poor “rating would be demotivating. USA Southern Territory Headquarters - Human Resources Department

Too Vague in Discipline and Performance Write-ups • Sally, your work could use improvement.I’m making a note here that we talked about your performance. • Jay’s poor performance is unacceptable, and I’m just going to spell it out—he’s lazy. USA Southern Territory Headquarters - Human Resources Department

Making Rash Disciplinary Decisions That’s it!! I’ve had it!!! You’re fired!!! USA Southern Territory Headquarters - Human Resources Department

Making Uninformed Responses to Medical Leave Requests • You want what? You want 5 weeks of bonding leave during our busiest season? I don’t think so. • You’re going to take every Friday off? That’s not going to happen. USA Southern Territory Headquarters - Human Resources Department

Not Realizing the “Power” of the Supervisor • Let’s go out for a drink after work. Then maybe we’ll grab dinner. • I’m hoping everyone will contribute generously to my charity. USA Southern Territory Headquarters - Human Resources Department

Not Knowing and Not Enforcing Policies • We’re busy now. Talk to me about that harassment business next week. • If you think the work’s not safe, you’re free to quit any time. • Nobody in this department can talk about salaries or benefits with other employees or outsiders, especially online. USA Southern Territory Headquarters - Human Resources Department

Making Wage\Hour Blunders • We’re out of overtime. Can you clock out and then set up for tomorrow? • You new recruits will be working alongside our regular employees, but you will all be independent contractors. • Tracy, make sure you stay close to the phone during lunch. • Sandy, keep your phone near you evenings for calls from the West Coast. USA Southern Territory Headquarters - Human Resources Department

Letting Problems Fester • Teresa’s crossing the line with her behavior, but she surely knows it—she’ll figure it out. • Oh, that’s just Jimmie. He means no harm—he’s just “old school.” USA Southern Territory Headquarters - Human Resources Department

Making “Side Agreements” • Stay after you clock out for the next 2 weeks until we get this job out the door, and I’ll make it up to you by writing in extra overtime next month when the budget switches over. • Take this transfer, and I’ll guarantee you a promotion at the end of the year. • I can’t pay you for this extra work, but you and your spouse can go out for a nice dinner on the company account. USA Southern Territory Headquarters - Human Resources Department

Inconsistency and Retaliation—Lawsuit Magnets • Follow Disciplinary Procedures • Watch Out for Retaliation • Double Check • Document Everything USA Southern Territory Headquarters - Human Resources Department

Follow Disciplinary Procedures • Our disciplinary systems should and do: • Ensure that the appropriate discipline is applied (the punishment fits the crime). • Ensure that discipline is consistent for all employees. • Give employees fair warning that they have violated company policies. • Give employees a chance to improve. • Create a paper trail of evidence to show what the employee did and how you responded. USA Southern Territory Headquarters - Human Resources Department

Watch Out for Retaliation • Almost all of the federal employment laws prohibit retaliation against employees who exercise their rights under those laws. • That includes the employment discrimination statutes as well as other laws granting protections to employees, such as the Family and Medical Leave Act, the Fair Labor Standards Act, and many others. USA Southern Territory Headquarters - Human Resources Department

Double Check • Is the employee being treated differently from other employees with similar performance or misconduct deficits? If so, why? • Is there anyone in the company who will be glad to see the employee go? If so, why? NOTE: If the underlying reason for their feelings is discrimination or retaliation and they had any influence in the firing decision, you could be in big trouble. USA Southern Territory Headquarters - Human Resources Department

Document Everything! No matter how diligently you follow our disciplinary procedures, no matter how honest and fair your evaluations, it won’t mean much in court without clear documentation to support your decision. Document! Document! Document! USA Southern Territory Headquarters - Human Resources Department

Are You Playing by the Rules?