Your management team has more power than they think.  They may have the power to steer a department.  They may have the power to hire and fire employees.  They may even have the power to shape an employee’s professional future.  But they definitely have the power to bring on or fend off lawsuits—based on a few of the words they say every day.

Whether managers are well meaning or merely exerting their power, no phrase is without potential consequence, particularly in scenarios like these:

“What an interesting accent!  Where are you from?” Just making conversation, right?  And you might be, but like questions about marriage, family, or religion, it’s best to keep personal questions out of interviews.  Potential hires may take offense (and may pursue it further) if they feel discriminated against based on their nationality, and then you will have to justify the work-related reason for asking that question in the first place.  New managers are most susceptible to asking inappropriate interview questions, so either train them in advance or ask them to stick to a script.

“You can’t quit in two weeks—you’re fired.” This little doozy happens more often than you’d think.  An easy resignation turns into a (possibly difficult-to-defend) termination, opening the door for all types of legal action.  An already disgruntled employee considering a lawsuit may be pushed to litigation by such an act, and then what?  A simple act of pride could cost the company dearly.  Of course, sometimes it’s prudent to release an employee before the planned date of separation, such as in cases of company security.  But this should still go on record as a voluntary separation, not a termination.

“You’re fired, and since you’re employed at will, I don’t have to tell you why.” In theory, this is true in many states, including California, where employees are hired at will and can be terminated at any time and for any reason.  But by giving no reason for a termination, employees are left to fill in the blanks on their own.  Maybe an older worker was actually fired for low sales figures, but without that knowledge, he could claim age discrimination.  You’d better hope your “at will” defense holds up against his claim in a court of law!  And by the way, the only thing worse than giving no reason is giving a fake reason.  If at any point a court finds that you lied, it’s going to make discrimination look a lot more plausible.

The moral of the story?  Always watch your words.  Even a seemingly harmless statement can deliver a different impression—and a lasting impact.  To keep professionalism at the forefront and lawsuits at bay, it is important that your managers stay on top of what they should and should not say to current and potential employees.  This happens through ongoing supervisory training, such as that provided by YES! Your Human Resources Solution.

If your business needs a helping hand with management training, give us a call!  Whether it’s Supervisor 101 Training or something more, YES! Your Human Resources Solution offers efficient solutions customized for your business and its employees, in a format that works for you: through in-person, online, and train-the-trainer programs.  Backed by over 20 years of Human Resources experience, we pride ourselves on our ability to connect your business initiatives with employee needs to achieve strategic objectives.  We’ll give you that extra push to keep your business running at its best!  For more information on our comprehensive HR-consulting services, visit our website or call us for a free consultation.