5 deadly workplace legal risks

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Five Workplace Legal Pitfalls - Effective Steps to Minimize and Avoid Them Jathan Janove Jathanjanove.com October 6, 2010

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Page 1: 5 Deadly Workplace Legal Risks

Five Workplace Legal Pitfalls - Effective Steps to Minimize and

Avoid Them

Jathan JanoveJathanjanove.com

October 6, 2010

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#1 CLASSIFICATION CATASTROPHE

“Hurricane Brenda”2

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#2 HAZARDOUS HEALTH LITIGATION

“Tornado Rod”

3

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#3 “UH OH!” EEO!

“Tsunami Carol”4

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#4 SOCIAL MEDIA MALAISE

“Tropical Storm Ike”5

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#5 SUPERVISORS ON THE LOOSE!

“Thunderstorm Elaine”

6

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#1 CLASSIFICATION CATASTROPHE

“Hurricane Brenda”7

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AUDIT … CAREFULLY

8

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WORKPLACERISK ANALYSIS

Cost

Likelihood

Magnitude

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Present Three Options

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Option 1

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Option 2

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Option 3

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#2 HAZARDOUS HEALTH LITIGATION

“Tornado Rod”

14

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INTERACTIVE ACCOUNTABILITY

ERA (Expectations, Responsibility, Accountability)

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INTERACTIVE ACCOUNTABILITY

ERA (Expectations, Responsibility, Accountability)

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Mulligan Management

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INTERACTIVE ACCOUNTABILITY

ERA (Expectations, Responsibility, Accountability)

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INTERACTIVE ACCOUNTABILITY

ERA (Expectations, Responsibility, Accountability)

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INTERACTIVE ACCOUNTABILITY

ERA (Expectations, Responsibility, Accountability)

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“WE NEED YOU”

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#3 “UH OH!” EEO!

“Tsunami Carol”22

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Ask the Three Consistency Questions

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Ask the Three Consistency Questions

Have similar situations arisen?

What do the documents say?

Can we show there is no inconsistency?

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#4 SOCIAL MEDIA MALAISE

“Tropical Storm Ike”25

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FIND YOUR TEXT/TWEET/CHAT/

PING/POST/POKE “SWEET SPOT”

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BIG IKE’S BIG 5:

1. Denying reality will not change it

Isaac Dixon PhD, SPHR27

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BIG IKE’S BIG 5:

1. Denying reality will not change it

2. Technology is not inherently good or evil

Isaac Dixon PhD, SPHR28

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BIG IKE’S BIG 5:

1. Denying reality will not change it

2. Technology is not inherently good or evil

3. Make sure you have a “geek” on your team

Isaac Dixon PhD, SPHR29

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BIG IKE’S BIG 5:

1. Denying reality will not change it

2. Technology is not inherently good or evil

3. Make sure you have a “geek” on your team

4. Boundaries need to be clear and enforceable

Isaac Dixon PhD, SPHR30

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BIG IKE’S BIG 5:

1. Denying reality will not change it

2. Technology is not inherently good or evil

3. Make sure you have a “geek” on your team

4. Boundaries need to be clear and enforceable

5. Everyone is a photojournalist

Isaac Dixon PhD, SPHR31

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#5 SUPERVISORS ON THE LOOSE!

“Thunderstorm Elaine”

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CLAIM PREVENTION TRAINING ABC’S

A B C

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(A) ESTABLISH A JERK-FREE ZONE

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Avoid the 3 Harassment Surprises:

What?!!

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Surprise Harasser

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Surprise Plaintiff

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Surprise Victim

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“It is essential that at all times our employees treat each other, and those with whom they come into contact, with courtesy, respect and professionalism; and that they work cooperatively and constructively in resolving issues or problems.”

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(B) WRITE AN A-HOLE LAWYER LETTER

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SAME DAY SUMMARY(w/i a page and a day)

To: Employee

From: Supervisor

Cc/bcc: HR

Date:

This summarizes our discussion on ______. We addressed the issue of _____________. We agreed the following will happen: _________________.

If I haven’t summarized our discussion accurately, please let me know immediately.42

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(C) AVOID AVOIDANCE

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PERFORMANCE FEEDBACK CHECKLIST

1. Big Picture Focus

Expected Performance: Quantity & Quality of Desired Results

Expected Treatment of Others: Responsiveness, Cooperation and Professionalism.

2. Scrupulous Honesty

3. No Surprises – Review is a Summary Not a Substitute for Real-time Feedback.

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WEIGHT FORWARD ON SKIS

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Further Information:Winner of the 2009 Gold Medal IPPY Award in Business/Sales at Book Expo America

3rd Printing!

“An extraordinarily useful book that will benefit managers and workers.” - Library Journal

Jathan Janove

www.jathanjanove.com

www.aterwynne.com

For books, articles, sample forms, or information about

presentations, workshops, or other services, email

[email protected]

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48

Copyright Consent InformationThis presentation is a copyrighted document. As the registered attendee, you are hereby

granted permission to copy and distribute this presentation to your colleagues who attend this audio conference. Please list these conference attendees using the form

below and fax this page to (800)-759-7179

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*Feel free to duplicate this page for additional attendees.*Please print clearly

10/6/10- Top 5 HR Legal Pitfalls in State/Local Government: Strategies to Avoid Risk in Your Workplace 

EMLW

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This presentation is intended solely to provide general information and does not constitute legal advice. Attendance at the presentation

or later review of these printed materials does not create an attorney-client relationship with the presenter(s). You should not take any action based upon any information in this presentation

without first consulting legal counsel familiar with your particular circumstances.

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Do you have a question that you would like answered during the Q&A session? Simply follow the instructions below.

To ask a question, please press *1 on your touchtone phone.

If you are using a speaker phone, please lift the receiver and then press *1.

If you would like to withdraw your question, press *1.

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Introducing…

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Useful Tools

Primary Source

Materials

Easy Navigation

State Specific

Materials

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Powerful Site-Wide Searching

Wage & Hour Law for Public

Sector

Complete coverage with 14 titles in employment

law

Each service contains a newsletter, archived from

2006

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13 additional titles in benefits

Special reports with legislative changes or current

developments

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Steve McCready (512) 391-8374 [email protected]

For more information, please contact: