6 Big Manager Mistakes That Can Get Your Company Sued

What do employment attorneys see as the common thread that lands well-meaning employers in court time and time again? Costly manager mistakes by their front-line supervisors.

To safeguard your company from these six blunders cited by attorneys, have HR meet with all front-line managers and supervisors and remind them to avoid these common manager mistakes.

Common Manager Mistakes

1. Sloppy documentation. Documentation should never, ever seem subjective. It should always be written as if it could wind up in a jury’s hands. Common manager mistakes include setting vague expectations (e.g. “be on time”) and failing to include a time frame for improvement.
2. Inflated appraisals. Many managers avoid difficult conversations by inflating the performance ratings of employees. Company leaders who sugarcoat problems during performance reviews and then discipline workers are sending mixed messages. This can make it impossible to justify a disciplinary decision in court. Looking for help to train your managers? Here are examples of performance reviews and sample feedback phrases.
3. Applying policies inconsistently. When managers don’t apply their policies to all employees, it leaves the company wide open to an array of lawsuits. For example, in West Virginia, an employee was fired after taking FMLA leave. He sued, and the case reached the Fourth Circuit. The appeals court sided with the employee. The deciding factor was one of the common manager mistakes: The supervisor bent the rules rather than applying company policies consistently.
4. Being unaware of the law. It’s become a troubling trend in employment law cases: Front-line managers blatantly admit to not knowing about laws like the FMLA or the ADA. Managers need to be trained on the ins and outs of employment laws to ensure compliance. Managers should also know when to bring HR into the conversation to help navigate tricky compliance issues.
5. Ignoring employees’ complaints. Granted, it may seem as if some employees complain incessantly. However, all complaints about unfair treatment or harassment must be taken seriously and investigated promptly. Failing to respond to complaints can lower employee morale, lead to costly lawsuits and overlook a hostile work environment.
6. Blatant rudeness. Nearly one in four employees say they work right now for the worst boss they’ve ever had, according to research from Perceptyx. Among other things, employees don’t like following leaders they deem unsupportive and incompetent. There’s a fine line between being stern and being flat-out rude. When managers err toward the latter, it can make employees think they disapprove of a specific protected trait — such as age, race or gender — and potentially lead to a discrimination lawsuit.