By: Alan E. Seneczko
"Lessons Learned" is a new, periodic feature designed to provide employers with valuable tips to use when carrying out their day-to-day human resource functions and decision making.
"I want to hear the other side of the story." How many times have we heard these words through the course of our lives? Whether uttered years ago by our mothers in an effort to determine "who started it," or by the infamous Judge Wapner, these words still provide sage advice to human resource professionals today.
If there is one thing I have learned practicing employment law for over 25 years, it is that it is imperative that an employer "hear the other side of the story" before making a decision. There is simply nothing worse than hearing - for the first time before a judge - a valid explanation for conduct previously presumed to be unacceptable. Examples? An employee off on a work injury is observed bowling at the local lanes. Outrageous! It must be fraud! Except that the employee first cleared the conduct with his doctor and/or the activity was prescribed by his physical therapist. A racy, sexually suggestive email. A clear violation of our electronic communications policy! Except that the employee initially received the email from her supervisor.
Making a good decision - and avoiding the liability that often flows from a bad one - requires an employer to make an informed decision. This means meeting with an employee and hearing what he/she has to say - however undesirable or painful this course of action may be, before you make a final decision. This process serves two very valuable purposes. First, as mentioned above, it helps avoid surprises later. Second, it "locks in" the employee's story at a time when it is most credible, rather than after he/she has had the opportunity to consult with union representatives or, even worse, his/her attorney. Another lesson learned after all these years of practice is how the employee's version of an event often becomes much more favorable after the passage of time and consultations with third parties.
Questions? Please contact WS Shareholder and Senior Attorney Alan E. Seneczko at (262) 560-9696, or alseneczko@wesselssherman.com.
