The High Cost of not Properly Training Manager Level Decision-makers

On Monday, February 28, 2011, the U.S. Supreme Court handed down a ruling that bloggers, commentators, and naysayers all seem to think is the key to opening more opportunities for employee to sue their employers. In an 8-1 decision, the court expanded the standard for finding discrimination in the workplace. Up until Monday, plaintiffs had to establish that the decision maker for the employer had to acted with discriminatory intent when an adverse employment decision was made with regard to an employee. After Monday’s decision, employers can be liable for the acts of their decision makers when other employee, supervisor or manager, with discriminatory intent influenced the decision.

As Chicken Little said…”the sky is falling, the sky is falling.” Some would have business owners believe that all their employees are just waiting to sue now that the Supreme Court has given them the key to open the litigation flood gates.

I don’t buy it, and neither should business owners. The issue has not changed. The issue for small business owners is the same as for all businesses, regardless of size. The issue is the protection of the most important and expensive resource a business has. Its people!

Businesses expend a lot of effort to identify good solid candidates for employment, then more time and expense to actually hire and orient these new employees, then train the employee on the specifics of their job and every time an employee leaves the cost of replacing that person becomes higher and higher.

The solution as I see it, is too simply invest a little to save a lot. Experienced staff means higher productivity, better customer service and more profits.

Never allow an employee to be terminated or suffer a negative employment action without a systematic review by at least one additional uninvolved manager/supervisor and never take a final action until the decision is supported with appropriate documentation with justification for the employment decision.

The days when terminations and disciplining employees without following a process that protects and minimizes the business from employment lawsuits is over. The Supreme Court did not announce an earth shattering employment law decision last Monday. They did remind employers to be more aware of the valuable resources that each staff member is to the success and profitability of every business. It reminded employers that a little care in designing the discipline/termination procedure can reap great rewards.

Glenn Brown is the Co-Founder and Principal of the Kansas City based HR consultant firm, G & J Consultants, LLC. In addition to having directed the HR Department of a health care services company, Glenn is an attorney with 15 years experience assisting businesses of all sizes and industries in complying with employment and labor legal issues. G & J Consultants specializes in providing small and medium sized businesses with traditional HR services as well as compliance with employment laws and regulations.