10 MOST COMMON AND COSTLY EMPLOYMENT LAW MISTAKES MADE BY SMALL EMPLOYERS

1. Making statements to employees, either verbally or in writing, that opens yourself up to be sued for wrongful discharge.

2. Failure to proactively respond to the fact that the law deems supervisors and mangers to be representatives of the Company.

3. Taking any kind of adverse action against an employee in a legally protected class and later discovering that your actions are indefensible.

4. Failure to understand or appreciate the extremely broad definition now given to the term "sexual harassment" and failure to realize that the "Company" (i.e. supervisors, managers) have a duty to prevent offensive conduct as soon as it learns from any source that the conduct is occurring.

5. Failure to understand how people are exempt (not entitled to overtime pay) under wage hour laws and failure to abide by your legal duties under wage hour laws regarding record keeping requirements.

6. Failure to realize that your Company can be organized by a union and/or failure to respond legally to employees "protected concerted activity."

7. Doing written performance evaluations in an incomplete or inaccurate manner.

8. Taking an adverse action against an employee with a medical condition without providing a reasonable accommodation.

9. Taking an adverse employment action without following a little "workplace due process" or having a management witness present.

10. Providing information about employees to outside third parties.

 

prepared by: Independent Business Association – 425-453-8621 – www.ibaw.net