10 AVOIDABLE EMPLOYER MISTAKES Ryan M. Peck Old Town Square 300 N. Mead, Suite 200 Wichita, KS 67202 (316) 262-2671 rpeck@morrislaing.com Goddard Chamber of Commerce June 13, 2019

1) Failing to have an open door policy and practice. It is imperative that employees have an appropriate way to air their CONCERNS. It is important to have a CULTURE that encourages communication and provides a response. Any issue – no matter how large or how small – requires some kind of RESPONSE. Always close the circle.

2) Pulling the trigger too quickly. Take time to carefully evaluate your reasons. Review the employee’s personnel file. Check with your legal counsel and inform him or her of all the facts. Plan how you will fire the employee: where, when, who will be there, what will be said. Be honest, but avoid saying too much, and do not argue. 2)  Pulling the trigger too quickly.

3) Failing to follow your own policies. If your company has written policies, be sure they are followed. Do not enact policies you do not intend to follow. Beware of “one size fits all” policies. The failure of a company to consistently follow its own policies can lead to claims of unlawful discrimination or retaliation and/or breach of contract.

This is the mantra of all lawyers, for a reason. Documents win lawsuits!  Contemporane ous written documentation is powerful evidence. Be sure your documentation is consistent. 4) Failing to document.

5) Failing to have and to update job descriptions. Written job descriptions that are accurate and kept up-to-date are a powerful tool for the prevention of liability in a variety of contexts. ADA FMLA FLSA Title VII Worker’s compensation retaliatory discharge

6) Mishandling the injured, sick or pregnant worker. The ADA, FMLA, PDA and state law all are potentially implicated with an injured, sick or pregnant employee. The EEOC has issued previous guidance on ADA reasonable accommodations and pregnancy. The US Supreme Court in Young v. UPS made clear that pregnancy related restrictions have to be treated the same as other medical restrictions. Don’t make assumptions about what an employee can or cannot do in the workplace as a result of pregnancy, the possibility of pregnancy, illness or injury. Make an effort to accommodate requested reasonable accommodations, and seek advice on these issues.

7) Failing to train supervisors. Supervisors must know and understand the company policies. They must be instructed on the right ways to recognize and handle incidents of potential harassment, and what to do if they receive a complaint. They need to be trained in conducting honest and objective employee evaluations. They need to be charged with being good examples by their behavior and respect for others in the workplace. 7)  Failing to train supervisors.

8) Being inconsistent. Nothing causes a former employee to call a lawyer faster than knowing they have been treated differently from another employee. Consistency builds trust. This goes hand-in-hand with applying your policies, and training your supervisors.

9) Making a poor hiring decision.

9) Making a poor hiring decision, cont. Look behind the resume and employment application. I am seeing more instances lately of resume or application fraud. Ask for references and follow up. Make your expectations clear during the hiring process. Pay close attention to performance during the initial months.

10) Failing to pay for an ounce of prevention.