5 deadly workplace legal risks

Five Workplace Legal Pitfalls - Effective Steps to Minimize and

Avoid Them

Jathan JanoveJathanjanove.com

October 6, 2010

#1 CLASSIFICATION CATASTROPHE

“Hurricane Brenda”2

#2 HAZARDOUS HEALTH LITIGATION

“Tornado Rod”

3

#3 “UH OH!” EEO!

“Tsunami Carol”4

#4 SOCIAL MEDIA MALAISE

“Tropical Storm Ike”5

#5 SUPERVISORS ON THE LOOSE!

“Thunderstorm Elaine”

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#1 CLASSIFICATION CATASTROPHE

“Hurricane Brenda”7

AUDIT … CAREFULLY

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WORKPLACERISK ANALYSIS

Cost

Likelihood

Magnitude

9

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”

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INTERACTIVE ACCOUNTABILITY

ERA (Expectations, Responsibility, Accountability)

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INTERACTIVE ACCOUNTABILITY

ERA (Expectations, Responsibility, Accountability)

16

Mulligan Management

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INTERACTIVE ACCOUNTABILITY

ERA (Expectations, Responsibility, Accountability)

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INTERACTIVE ACCOUNTABILITY

ERA (Expectations, Responsibility, Accountability)

19

INTERACTIVE ACCOUNTABILITY

ERA (Expectations, Responsibility, Accountability)

20

“WE NEED YOU”

21

#3 “UH OH!” EEO!

“Tsunami Carol”22

Ask the Three Consistency Questions

23

Ask the Three Consistency Questions

Have similar situations arisen?

What do the documents say?

Can we show there is no inconsistency?

24

#4 SOCIAL MEDIA MALAISE

“Tropical Storm Ike”25

FIND YOUR TEXT/TWEET/CHAT/

PING/POST/POKE “SWEET SPOT”

26

BIG IKE’S BIG 5:

1. Denying reality will not change it

Isaac Dixon PhD, SPHR27

BIG IKE’S BIG 5:

1. Denying reality will not change it

2. Technology is not inherently good or evil

Isaac Dixon PhD, SPHR28

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

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

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

#5 SUPERVISORS ON THE LOOSE!

“Thunderstorm Elaine”

32

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

(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

info@jathanjanove.com

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

EMLW

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Introducing…

Useful Tools

Primary Source

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State Specific

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Powerful Site-Wide Searching

Wage & Hour Law for Public

Sector

Complete coverage with 14 titles in employment

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Each service contains a newsletter, archived from

2006

13 additional titles in benefits

Special reports with legislative changes or current

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