Tips for Avoiding Legal Labor Claims

Employers and employees need to work together to be efficient and productive. Sometimes, this is harder to achieve than you would think it should be. Here are some tips for management to help create a better workplace.

• Give more informal feedback. Don't wait to tell employees if they are doing a good or bad job. Timely feedback goes the farthest. Periodic feedback enables supervisors to re-enforce good performance and root out objectionable behavior. Don't let a lot of administrative structures tie you down - drop a note, e-mail or voice-mail to a deserving employee. A direct verbal comment is most effective.
• Avoid dramatic showdowns. Letting problems fester or a poor relationship deteriorate can only lead to dramatic showdowns. Rarely does anyone come off looking good after these incidents. They are disruptive and disturbing for all, including managers and supervisors. You can preempt an argument by stopping by to talk to someone on his or her own turf or by scheduling a difficult meeting outside the office. Plan ahead to cover sensitive issues in a way that does not exacerbate the situation. Stay in control of your response, and don't allow the discussion to spiral into a personally insulting dialogue.
• Kindness is a virtue. Try a little kindness in your everyday dealings with your employees. An inexpensive gift or card can go a long way in sustaining or repairing a work relationship with subordinates and co-workers.
• Keep regularly scheduled performance evaluations. Employees have a great deal invested in their jobs and can get anxious when annual performance reviews come around. Keeping these scheduled dates sacred goes a long way toward avoiding problems down the road.
• Watch your style. No matter what your management style is, be aware of how you are perceived by others. You can avert miscommunications by imagining yourself on the receiving end of what you are saying. Even bad news can be handled with tact and efficiency. Employees are less willing to pursue grudges against managers who have expressed themselves appropriately and with some sympathy. Balance the company's needs with respect for the individual.

These tips aren't a cure-all for workplace problems, but if you follow these suggestions, you'll have a better chance of addressing small issues before they become bigger ones that may require legal attention.

Phillip Trobaugh is a partner with Mansfield, Tanick & Cohen in Minneapolis. His practice includes civil litigation and employment law and he chairs the firm's Education Law department.

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