HCW Benefits Blog

This is a guest blog post from our HR partner CAI.  CAI is a trusted resource for N.C. employers for HR, compliance and people development.

According to Ogletree Deakins attorney Gretchen Ewalt, who was a presenter at CAI’s recent Employment and Labor Law Update, the most important step that an employer can take to minimize the risk of litigation and legal liability is to properly train its managers and supervisors.

We have all heard the saying that employees don’t leave the company, they leave their manager.  Some leave with the intent to get even through legal avenues.   A recurrent theme throughout Gretchen’s presentation was the responsibility of managers and supervisors to actively listen to their employees and respond appropriately.  This requires that managers and supervisors be equipped not only with the ability to manage performance and create a positive work environment, but they must also be trained on the various employment laws and know how to respond without stepping into legal minefields.

Do your managers know what employee actions are protected under the National Labor Relations Act?  Do they recognize what they should listen for when employees call in sick to determine if FMLA may be triggered? Are they aware of the pitfalls of dismissing employee complaints of harassment because they think they are petty, or giving employees who have complained less desirable assignments (retaliation)?  Are they consistent in upholding company policies and discipline and documenting warnings objectively?  Have they been trained to respond appropriately or notify HR when an employee requests a job accommodation that may fall under ADA?  Do they understand the required confidentiality of employee medical information?

Employers must be proactive in training front-line managers and supervisors on an on-going basis so that they are equipped to respond appropriately and to notify HR or senior management of issues that require more in-depth response.

If you have any questions regarding the proper training of supervisors and managers, please contact a member of CAI’s Advice and Counsel team at 919-878-9222 or 336-668-7746.