Inadequately trained managers, failure to report problems to HR, and being unaware of current employment laws are the top reasons why employers end up paying thousands of dollars to settle employee lawsuits.
Thorny issues that end up in litigation can easily be avoided by proactively training managers and supervisors to deal with their direct or indirect reports according to employment law attorney Melissa Fleischer.
Here are the top 5 mistakes managers make that can be easily avoided:
- Failure to engage in the interactive process – This is a violation of the Americans with Disabilities Act (ADA). Interactive process is an informal process that helps identify reasonable accommodation for the employee. Informming HR of the situation will give the manager clarity on whether the issues mandates additional accommodation.
- Lack of documentation – Failure to adequately document that the company has engaged in the interactive process
- Failure to recognize a request for reasonable accommodation - As long as an employee is not causing undue burden on the employer, just telling their manager of a medical condition and requesting benefits renders them eligible for accommodation under the ADA
- Asking an employee to change dates for medical leave – Employees are eligible for medical leave when they need it. They are automatically eligible for ADA accommodation as soon as their 12-week FMLA leave is up