Presentation about legal pitfalls in human resources made by Rob Jackson, at Harrison Sale McCloy to the Business Innovation Center in Panama City Florida on August 23, 2016

1. Top 3 Legal Pitfalls
in Human Resources
Lessons from the trenches . . .
Robert C. Jackson, Esq.
HSMcLaw.com

2. Who’s Rob and
Why Should I Care?
HSMcLaw.com

3. We Live in a Challenging Business
Environment
• Economic Challenges
• More Demanding Employees . . . Ms and Nets
• New Technologies Reshaping World
• Increased Regulation and Legislation
• Business, in general, is Under Attack
HSMcLaw.com

4. What Can You Do?
• Look at What You CAN Control
• Take Advantage Where You Can
• Technology, Economy, Good Policies and Rules
HSMcLaw.com

5. Top 3 Legal Pitfalls of HR
HSMcLaw.com
• More than 3, but these are the biggest p
roblems I see TODAY
• Often no RIGHT answers
• Personality
• Workplace culture
• Economics
• Questions at any time

6. HSMcLaw.com
Points to Remember
• One Size Does NOT fit ALL
• Business Size Matters
• Perception is Reality
• Make Omelets, Must Break Eggs

7. HSMcLaw.com
Legal Pitfall No.1
EMAIL

8. EMAIL can be Very Dangerous
Never Forgets, Always there.
They WILL find it.
Can turn a good case bad in an instant
Often re-interpreted YEARS after the event
HSMcLaw.com

9. EMAIL can be Very Dangerous
Actual Case Examples . . . .
HSMcLaw.com

10. EMAIL can be Very Dangerous
So, . . . what do you do about it?
HSMcLaw.com

11. Email can be Very Dangerous
• Think before you type
• Keep it Job-related
• Avoid specifics, speak generically
• PICK UP THE PHONE
HSMcLaw.com

12. HSMcLaw.com
Legal Pitfall No.2
COMPLAINTS

13. How You Handle Complaints is Important
Why? The Big 3
Retaliation
Workplace Environment
Whistleblowers
HSMcLaw.com

14. How You Handle Complaints is Important
Especially Important when complaint involves:
• Race, Sex, Religion, National Origin, etc . . .
• Disability or medical conditions
• Age
• Illegal Activities
• Workers Comp
• Workplace Conditions
• PRIOR COMPLAINTS
HSMcLaw.com

15. How You Handle Complaints is Important
Recommend deal with all complaints similarly:
• TAKE THEM SERIOUSLY
• Focus Complaint (in writing preferred)
• Investigate and Document
• Conclude and Follow Up with Complaintant
• Always Leave door open
• But . . . put burden on Complainer
HSMcLaw.com

16. How You Handle Complaints is Important
Dealing with Complaints is difficult:
Most Employees believe you will not deal with them
Prove them wrong.
Act Professional
Treat employee with respect.
DO NOT RETALIATE!
Tell them not tolerated. And watch for it.
HSMcLaw.com

17. HSMcLaw.com
Legal Pitfall No.3
TERMINATIONS

18. Terminations can be Dangerous
Why? Liability
Equivalent to a car accident
Locks in damages
“Tangible employment action”
Emotional event for all = Irrational Decisions
HSMcLaw.com

19. Terminations can be Dangerous
So, . . . How should you handle?
HSMcLaw.com

20. Terminations can be Dangerous
Convince Employees to Fire Themselves
P.S. – This is a really good strategy
(but can be hard – and not as good as it used to be)
HSMcLaw.com

21. Convince Employees to Fire Themselves
• Hold employee accountable
• “You are not the boss of me!”
• Legally: Master-servant relationship
• Job-related
• Keep up pressure
• Document, Document, Document
HSMcLaw.com

22. Convince Employees to Fire Themselves
RESULTS:
Employee will Improve – better workplace
OR
Employee will get frustrated – Quit
HSMcLaw.com

23. Convince Employees to Fire Themselves
Benefits of Employee Quitting:
• Harder (not impossible) to Sue
• No Unemployment (usually)
• Their decision, not yours (face saving)
• Gives them time – see handwriting on wall
HSMcLaw.com

24. Terminations can be Dangerous
Other Strategies:
• Negotiated Separation (severance)
• Instant Removal (not recommended but necessary at times)
• Any kind of turmoil – get them out of there (pay 2 wks)
• Actual practice is company and industry culture specific
HSMcLaw.com

25. Terminations can be Dangerous
Other Strategies:
• Be clear about what you are doing and why you are doing it
• Don’t always need a reason
• but don’t be afraid to give one, if documentation is solid
• Remember- EMOTIONAL event . . . unless prepared for it.
HSMcLaw.com

26. Top 3 Legal Pitfalls of HR TODAY
HSMcLaw.com
1. EMAIL
2. COMPLAINTS
3. TERMINATIONS

27. Wrap Up
Questions?
www.HSMcLaw.com
HSMcLaw.com