These can be either pitfalls for bigger problems or ways for your firm to avoid legal trouble with employees, and include:
- Don’t be petty about denying unemployment insurance to terminated staffers, even if you feel you have a case. Someone out of work with no income will be that much more likely to sue you. Unemployment insurance is a lot less costly than litigation.
- Feel free to treat certain workers differently than others. They're not all identical cogs in a machine. In fact, some laws like the Americans with Disabilities Act, require you to treat certain employees differently by providing reasonable accommodations for disabilities. These laws are still being tested in the courts and it’s important to stay on top of new developments.
- Be careful about “zero tolerance” policies. These can be too absolute and may lead you to, say, fire an employee who was overheard saying something like “I’m going to kill my kid if he’s late again.” That doesn’t constitute a threat of violence in the workplace, or even at the staffer’s home. Also be on guard to making exceptions to zero-tolerance policies that can smack of discrimination. Better to come up with reasonable practices.
- Don’t be afraid to revisit a disciplinary or termination decision if new evidence comes to light that could exonerate an employee. Decisions never have to be “final” if revisiting them can result in a “win/win” for the firm and the worker, and even avoid a lawsuit.