Which one? As managers and supervisors, you will be called upon to resolve many different types of employee issues. You may also need to report other things to Human Resources or even involve legal counsel rather than resolve some things independently.
But do you know which is which?
For example – you have an employee who is frequently late to work. As a supervisor, you would be expected to resolve this issue by confronting the employee about his/her lateness and handling it according to established company policies.
However, if that same chronically tardy employee responds that the reason for their lateness is due to chemotherapy appointments, you wouldn’t necessarily be determining whether a work accommodation is appropriate. You would want to report this to HR so that HR can make that determination.
Okay – seems simple enough, but with all the information we receive on a daily basis, it’s easy to lose sight of information that will give you some guidance on how best to proceed. Following is a list of some of the important situations that Supervisors and Managers may encounter and an explanation of why reporting is important in each of these situations.
Discrimination, harassment or retaliation complaints
In the eyes of the law, the supervisor is the employer. If an employee informs their supervisor (or any manager) of a complaint around discrimination, harassment or retaliation, the courts consider this to be notice, and the clock (so to speak) starts ticking. Report to HR all reports of discrimination, harassment or retaliation, even if the employee requests the complaint be confidential, or asks that the complaint not be reported to HR, or if it appears as though the complaint is not genuine.
When a complaint is made, your company’s own discrimination and harassment policy requires that a report be made and the employer investigates the incident. Always take the earliest opportunity to correct any possible wrong that may have occurred.
Wage complaints
By this, we do not mean when an employee thinks they deserve a raise. This complaint could be that the employee was not paid for time they worked, or that hours were deducted improperly. Take no chances and immediately inform HR so that the issue can be corrected or if in fact there is simply a mistake or misunderstanding on the employee’s part, HR can explain and correct the misunderstanding. Notifying HR of a possible wage error may seem small, but could also be a sign of a larger, company-wide problem affecting all employees. Taking corrective action as soon as you are aware of the issue can go a long way to minimizing the company’s exposure to a lawsuit for violations of the Fair Labor Standards Act (FLSA). As a manager, if you sign a timesheet or approve payroll, do yourself a favor and pay attention to complaints around paycheck errors or missing hours.
Disclosing medical information
Report to HR any applicant or employee’s disclosure of a serious health condition or physical or mental impairment, even if the applicant or employee is not looking for an accommodation. Naturally a supervisor cannot ask about any medical conditions, however often applicants and employees disclose this information.
The Americans with Disabilities Act (ADA) exposes the employer to a perceived disability claim if a supervisor attempts to uncover a possible health-related reason behind any employee performance or behavior concerns. Supervisors should focus on what are the issues around the poor performance or unacceptable behavior, not any possible medical reason that could be causing the concern.
Even in the interview process, if an applicant volunteers that they are not able to perform a certain function of the job due to a health condition, this now puts the employer on notice that the applicant may need an accommodation. This is where HR should be involved to determine what, if any accommodation is needed and if it reasonable.
Requests of leave or accommodation
The same thought process as above applies when an applicant or employee requests an accommodation, and when an employee requests a leave of absence.
For accommodation requests – if an employee requests help, assistance, or a job change and the employee has previously or even just in passing disclosed a serious health condition or impairment report this to HR.
For leave requests – even if the employee does not say “FMLA”, if a request for time off for medical or other potentially FMLA related situations is made, report this to HR.
The important thing to remember here is whether a “reasonable supervisor” would recognize that a request has been made for accommodation or a leave of absence.
Government or attorney communications
Inform HR immediately if you receive any communication form a government agency, official or entity. This includes a charge of discrimination filled with the EEOC or an on-site visit from a Department of Labor investigator. Supervisors should not be deciding whether or not and to what degree they need to cooperate. This applies to in-person or telephone requests.
The same holds true of a subpoena or letter from any attorney who does not represent the employer or a “friendly call” from an attorney who is just trying to get some answers.
Having a polite response ready for all supervisors can help. Something like, “I do not have the authority to talk with you. Please do give me your name and number and I will forward your contact information to our Human Resources Department.”
Evidence of union activity
If 30 percent of eligible employees in an appropriate bargaining unit sign union authorization cards, the union can petition the National Labor Relations Board for an election. While an employer can win the election, it can be very costly. The goal of most employers is to avoid elections.
This means early detection and rapid response to union activity. Signs to watch for could be an employee handing out a union flier in the parking lot or wearing a pro-union T-shirt. It might even be something indirect such as unusual off-site gatherings of employees at parties or events.
Remember – supervisors must be careful in their behavior if union activity is suspected. They can not spy on employees, threaten or interrogate them, or promise them benefits if they refrain from engaging in union activity. If however, they observe activities or information is volunteered by employees, report this information to HR.
Signs of workplace violence
Warning signs to report to HR and/or security – Discussions about or fascination with victims of domestic violence or those who commit these crimes, sudden increase in talk about weapons, talking about hearing voices, threats of suicide.
Every employer should have in place a plan that tells supervisors what to do in case of a crisis, such as an employee attacking a co-worker, or showing a knife or gun at work. Calling 911 should be part of the plan.
How to proceed from here
Using effective communication and implementing specific supervisory training for supervisors and managers is the key to empowering your front line managers and giving them the freedom to do their jobs. This means knowing when to turn over to Human Resources the many difficult workplace issues HR is trained to handle. New Supervisor Orientation should include guidance on these and many other issues, including keeping proper documentation, what (and what not) to put in email communications and more.
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