ARTICLE
8 January 2013

Staying Out Of The Courtroom In The New Year

There are many types of legal claims that employees can bring against an employer.
United States Employment and HR

There are many types of legal claims that employees can bring against an employer, but, as a general rule, employees who believe their employer is treating them fairly do not pursue lawsuits. On the other hand employees who "perceive" that they are being treated unfairly may seek out a lawyer, regardless of whether they have legitimate claims. As employers know only too well, even though an employee's "claim" may have no valid legal basis, defending such claim can cost the employer a lot of time and expense even when the employer prevails in the end.

So how do you avoid lawsuits and claims? One important strategy is to avoid even the appearance of unfairness in the workplace. We all know the basic policies and procedures for having "fair and equal" treatment in the workplace, i.e., be consistent in the use of evaluation criteria, mete out discipline uniformly and pay equal pay for equal work. But there is more to creating a work environment where employees feel they are being treated fairly than just following policies and procedures.

At the top of the list is having a workplace where an employee's work gives him/her a sense of accomplishment. So how can you foster a work environment where employees get a sense of accomplishment from performing their jobs? The three steps below will start you toward that goal.

  1. Give the employee true responsibility.
  2. Allow the employee to be involved in decisions.
  3. Hold the employee accountable for carrying out his/her responsibility.

The first step, giving responsibility, is fundamental to making it possible for an employee to feel that he has accomplished something. That also means you must give the employee sufficient information about what is expected and why, because an individual without information cannot take true responsibility.

The next step, allowing decision-making, will give employees a sense of "ownership" in the results. Of course the extent of decision-making must fit within the scope of the job, but there are decision-making opportunities in every job. So look for these opportunities and set the stage for employees to feel a real sense of accomplishment in their work.

The last step, holding employees accountable, is the logical follow up to the first two and necessary to give employees a continuing sense of accomplishment in their work. Each employee knows whether he/she is being held accountable – you just can't fake that. When there is no accountability, employees may feel that you're being hypocritical and won't "trust" the employer. Having no accountability may even do more harm than good. So hold employees accountable - there's simply no downside to this.

The beginning of a new year is an ideal time to implement strategies to create a work place where employees are proud of their work and feel that they are treated fairly. Everyone wins – employees are happy and you are less likely to get sued in 2013. So ring in the New Year and get started.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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