In general, we would like to believe people are always honest and dutiful. We would want this to be in a private environment as well as in a professional context. As we go through life, we learn that this is not always the case. For different reasons, people will willfully misinterpret or bend rules of social contracts. This does not mean that people are inherently bad, it just tells us that under the right (or in this case: wrong) circumstances, some people will take a shortcut that benefits them, at times at the cost of others. As an employer, you are usually on the receiving end of this. And as much as you want to treat your employers as co-owners and consider them stewards of your organization, you do need to have fall-backs in place to ensure that, if things turn sour, you have some form of damage control.
Here are a few of those sensitive areas and what to do about them. Dependant on the state you do your business in, laws will differ. Make sure to retain professional advice such as Brauns Law to get expert guidance.
Unproductive workers. What if you find yourself having hired someone who turns out to be a complete dud? Sure you will give someone the benefit of the doubt at the start as everyone needs some time to get used to things. Be lenient at the beginning, but also realize that at the end of it all, you have a business to run. Be diligent with setting a probation period and frequent catch ups when people start. Document everything and leave a paper trail of any communication you have with this employee. Make clear early on what is required from this employee to pass the probation and don’t be afraid to get to a point where you decide there isn’t a fit. When the decision and day comes you need to fail someone’s probation, you will be happy you have an extensive paper trail.
What if someone who has been a good worker, suddenly keeps falling ill? This is a tricky area because as an employer you do have a duty of care. Make sure all illness is logged, and whenever you feel it’s becoming chronic and/or predictable, prompt for a conversation of this person, ideally with someone from HR. The key is not to steer on a discussion where it’s about the accusation, instead try to uncover what is truly going on. There might be something that you as a business can do, to either alleviate symptoms or address the issue. Think of extensive screen work or heavy lifting that this person is required to do. Not only does having the conversation show care from the employer, but it’s also to head off any costly lawsuits that might evolve when things go sour.
On the topic of lawsuits, what you really want to avoid is work incident injury claims. The key here is to make sure that everything is done by code, you have expert legal advice on speed-dial, and you get sufficient insurance.
Expect the best from people, but, from a business perspective, prepare for the worst. It might not be a great motto to live by, but it’s a grown-up approach to running your business.