We laugh at the old saw, “No good deed goes unpunished.” Unfortunately, it’s no laughing matter when untrained supervisors and managers try to show that they are going to be good bosses.
Here are some typical new supervisor/manager efforts:
“Do you think you might be depressed?” asks the concerned but untrained boss. “I didn’t,” says the employee, under her breath, “but now that I know you think that, I can pursue my complaint.”
“I didn’t think a woman with young children should have a job with so much travel, so I gave the promotion to John,” says the inexperienced new manager. “Actually,” thinks Sue, “I won’t need a job at all after my discrimination lawsuit settles.”
“Eight weeks off to take care of your mother? Hey, that’s not going to happen!” declares the new supervisor, determined to be tough from the get-go, unaware that the door has just been opened for a lawsuit for interfering with family leave rights.
These supervisors are trying to be good bosses who do what’s best, but instead they are laying the groundwork for expensive lawsuits.
What’s the Solution?
Training, training, training.
And the first thing to train new supervisors and managers on? “Until you have been trained, don’t take any actions that affect your employees until you check with HR.
Reason: You just can’t have new supervisors firing from the hip in response to requests for FMLA leave, complaints about protected subjects (like pay or safety), requests for accommodation, and so on. There’s little hope that they will get it right, and the company will be stuck dealing with the damage.
So, instruct new supervisors and managers to check with HR before dealing with any of these situations. Tell them to say, “I’ll check up on that to be sure I’m giving you a complete and accurate answer.”
Particular danger situations:
- Requests for time off (FMLA, pregnancy, jury duty, bereavement, etc.)
- Complaints (discrimination, harassment, pay, safety)
- Requests for accommodations (Americans with Disabilities Act)
- Whistleblowing (e.g., reporting accounting irregularities, corporate actions, illegal activity)
- Interviewing and selection (easy to ask the wrong question, choose for the wrong reason)
- Discipline (must be consistent, reasonable)
- Promotion/demotion (clear selection criteria)
- Termination (people don’t like to be fired—they’re going to blame the supervisor)
It’s important to note that employee requests don’t need to mention the particular act. For example, they don’t have to say I need FMLA leave; they can say I need time off to bond with my newborn.
Break-In Period the Most Dangerous
The “break-in period” for new supervisors and managers is a particularly dangerous time because they are eager to prove that they can be good, independent bosses. They won’t want to come asking for help, and they don’t like the idea that they need “babysitting.”
You have to convince them that it’s not a reflection on their abilities, it’s just a routine requirement that they check with HR or their supervisor before acting. And make sure that HR staffers reiterate their availability.