1. Eight Great Ways to Get Sued

2. Real-life case: ‘They complain about everything.’ After making complaints unrelated to discrimination, they file another complaint – harassment and discrimination from others. Supervisor: 1.Ignores complaint. 2.Disciplines them for complaining. They sue. Who won the case? Why?

3. No. 1: Ignoring a complaint of harassment or discrimination The solution? Investigate all complaints by: – Asking for the complaint in writing – Talking with witnesses and others involved – Reporting to HR for follow-up – Informing employee about investigation

4. No. 2: Condoning a hostile workplace Involves taking an active part. Example: – Joke about injured employee – Supervisor joins in – Object of ridicule complains Always take action to address complaint.

5. No. 3: Appearing to retaliate against complaining employees Common appearances of retaliation: –Suspension –Refusal to promote –Denial of training –Firing You can take action against employee who complains, if... Documentation helps.

6. No. 4: Failing to document your decisions No written record – “he said/she said.” Keep documentation, particularly about: –Warnings –Disciplinary actions

7. No. 5: Making ‘inappropriate’ comments Wide range of comments. Consider: –Source –Links to action Example: Comments about pregnancy and work. Solution? Avoid and discourage them.

8. Real-life case: ‘You laid me off because of my age.’ Manager calls them “old coots.” They get laid off. They sue, citing manager’s comments. Who wins? Why?

9. No. 6: Inconsistent decisions Examples: Employee gets good appraisals. Supervisor doesn’t want to “make waves” – until situation gets out of control. Employee’s reaction: “I was doing fine.” Solution: Document and warn early.

10. Inconsistent decisions (cont’d) Two examples: Employees want special treatment. Solutions: – Treat equally if possible. – Show reasons for different treatment.

11. Real-life case: ‘Why didn’t I get the same chance?’ Poor-performing employee gets six-month probation period. Supervisor tracks week-to-week progress. Supervisor recommends termination before end of six months. Employee sues. Who won? Why?

12. No. 7: Fast firing Employees who get fired feel as if they have nothing to lose. To make sure they get a “fair shake” consider: –All sides –Factors surrounding the offense –How we’ve handled other cases –A second opinion

13. No. 8: Breach of confidentiality/privacy What’s confidential? –Medical and health info –Performance or behavior –Disciplinary action –Off-duty behavior/lifestyle unrelated to work Examples of mistakes. The “rule” for confidentiality.

14. Summary Supervisors are responsible for: –Action –Lack of action –Those who work for them Terminations are a big source of lawsuits. Your everyday example goes a long way toward avoiding lawsuits.