Training Tip: Hit All the Right Notes in Employment Decisions
Employers often ask whether an employment action would comply with employment laws. Often, that is the wrong question. Ultimately, whether a decision is lawful often depends on motive, which can be a matter of dispute. Employers should ask, “In the event of a legal dispute regarding this decision, who would be believed, and why?”
Even better, before taking a significant action, an employer should ask the following question: “How can I support the decision, avoid an unnecessary dispute, and improve our business?”
While each employment action may have a different level of risk, employers can reduce their overall risks by keeping in mind a general framework for decision making. Just remember the familiar phrase from childhood piano lessons for the notes on the treble clef: “Every Good Boy Does Fine.”