Supervisors: Your Most Important Liability
Bruce Sarchet, Littler Mendelson, P.C.
[email protected], (916) 830-7272
GOOD AFTERNOON!
Supervisors: Your Most Important Liability
AN ACTUAL STORY
• A guy goes to a lawyer and says…
Supervisors: Your Most Important Liability
POP QUIZ!
• Why do employees seek help from attorneys or from labor unions?
Supervisors: Your Most Important Liability
GOOD SUPERVISOR?
[Video 1]
GOOD MORNING!
Supervisors: Your Most Important Liability
[Video 2]
Supervisors: Your Most Important Liability
Why Are We Here?
Supervisors: Your Most Important Liability
A typical Sunday evening…
Supervisors: Your Most Important Liability
A Knock On The Door…
Supervisors: Your Most Important Liability
Supervisors: Your Most Important Liability
Monday morning, back at work…
Supervisors: Your Most Important Liability
Monday morning, back at work…
Supervisors: Your Most Important Liability
Back at your desk…
Supervisors: Your Most Important Liability
Ok, that doesn’t always happen on Sunday night.
• Sometimes this happens instead:
Supervisors: Your Most Important Liability
Supervisors: Your Most Important Liability
REMEMBER OUR POP QUIZ?!
• Why do employees seek help from attorneys or from labor unions?
Supervisors: Your Most Important Liability
•
•
•
You are important!
You have an impact on the lives of the people you supervise!
You should pay attention to Bruce!
That’s Why We Are Here!
Supervisors: Your Most Important Liability
Our Objectives:
• Identify The Characteristics Of Great Supervisors
• Understand How HR Can Help Develop Great Supervisors
• Create a Great Workplace!
• Peaceful and uninterrupted Sunday evenings for everyone here!
Supervisors: Your Most Important Liability
AGENDA:
• Introduction: Sunday Night
• The 7 Characteristics Of Great Supervisors
• HR’s Role In Developing A Great Workplace
• Summary
•Q&A
Supervisors: Your Most Important Liability
Good Supervisors!!
Supervisors: Your Most Important Liability
Supervisors
• EYES
• EARS
• VOICE
• Of the Company
Supervisors: Your Most Important Liability
A Good Supervisor:
• Is A Good Listener
• Gets Help When He/She Needs it
• Is A Good Communicator
• Prepares in Advance
• Doesn’t Play Favorites
• Keeps Good Records
• Keeps His/Her Cool
Supervisors: Your Most Important Liability
1. Good Supervisors:
• GOOD LISTENERS!
Supervisors: Your Most Important Liability
[Video 3]
Supervisors: Your Most Important Liability
The Open Door
• The Company has an “open door” policy
• Keep your door open!
• Be ready to listen to complaints
Supervisors: Your Most Important Liability
The Open Door
• The goal: employees truly feel their voice is
valued and they have an opportunity to ask
candid questions, provide feedback, vent
frustrations and
offer suggestions.
• Work toward win-win solutions
where all parties feel good about
the outcome.
Supervisors: Your Most Important Liability
Complain, Complain, Complain!
• Your Message:
• A complaint is an opportunity to make the workplace better!
Supervisors: Your Most Important Liability
Complain, Complain, Complain!
• A complaint is an opportunity to: ___________
• [provide better service to customers!]
• [improve quality!]
• [increase workplace safety!]
Supervisors: Your Most Important Liability
Complaints
• How To Create “Complaint Friendly
Culture: Supervisors know how:
• Be a good listener
• Keep an open mind
• Be patient
Supervisors: Your Most Important Liability
“Can We Talk?
• Can we talk off the record?
• “I don’t want to get anybody into
trouble, but…”
Supervisors: Your Most Important Liability
The Supervisor’s Magic Parachute!
• I’ll think about it and get back to you.
• I’ll look into it and get back to you.
Supervisors: Your Most Important Liability
2. Good Supervisors Know…
• GET HELP WHEN
THEY NEED IT!
Supervisors: Your Most Important Liability
Getting Help
• Use the open door policy – talk to your boss
• Partner with Human Resources
• Have a witness
• Have a wingman
Supervisors: Your Most Important Liability
3. Good Supervisors…
• ARE GOOD COMMUNICATORS!
Supervisors: Your Most Important Liability
Good Communication
• Never: “Because I said so.”
• Never: “Because my boss said so”
• Never: “Yeah, I am upset with the way things are going on here
too!”
Supervisors: Your Most Important Liability
Good Communication
• Always: “Here is what is happening”
• Always: “Here is why this is important”
• Always: “Because this will help us to: ___________________
• [provide better service to customers]
• [improve productivity]
• [enhance quality control]
Supervisors: Your Most Important Liability
Good Communication
• Acceptable: “I don’t know”
• But, if you don’t know, then…
• Always: “I’ll look into it and get back to you”
Supervisors: Your Most Important Liability
Good Communication
• Give feedback to employees
• Praise – can be public
• Criticism – always in private
• “Thank You” is a
powerful statement
Supervisors: Your Most Important Liability
Good Communication
• Never: sarcasm
• Better: in-person (avoid management by email)
Supervisors: Your Most Important Liability
Good Communication
• Always: Respect confidentiality of information.
• Always: Share information as needed.
• Never: Overshare – maintain appropriate lines of distinction
between the management team and the rank-and-file employees
Supervisors: Your Most Important Liability
[Video 4]
Supervisors: Your Most Important Liability
Good Communication
• Never: Gossip.
• Never: Gossip.
• Never: Gossip!!
Supervisors: Your Most Important Liability
Good Communication
• Always: Keep your cool (give yourself a time out, if you need one) If
you lose your temper, then you have lost your effectiveness as well
• Don’t take things personally, don’t make it personal to the employee
– we are here to provide a service
Supervisors: Your Most Important Liability
Good Communication
• Follow the Company line.
• What do you do if you disagree with the Company line?
Supervisors: Your Most Important Liability
[Video 5]
Supervisors: Your Most Important Liability
A Better Approach…
• Use your open door policy!
• Ask your boss
• Get back to employees and tell they “why!”
Supervisors: Your Most Important Liability
4. Good Supervisors…
• PREPARE IN ADVANCE!
Supervisors: Your Most Important Liability
[Video 6]
Supervisors: Your Most Important Liability
[Video 7]
Supervisors: Your Most Important Liability
Preparation
• Schedule a time to meet
• Choose a place to meet
• Talk to your boss first
• Talk to HR first
• Outline your talking points
• Rehearse
• Have a witness
Supervisors: Your Most Important Liability
5. Good Supervisors…
• DON’T PLAY FAVORITES!
Supervisors: Your Most Important Liability
Favoritism
• Consistency is the key
• All employees are to be treated equally
• Treat like situations alike
• Ask yourself: “would I take the same approach if employee # 2 was
involved?”
Supervisors: Your Most Important Liability
The Flip Side Of Favoritism?
• DISCRIMINATION!
Supervisors: Your Most Important Liability
What Is a Protected Category?
Age Gender/Sex/ Pregnancy
Race
Citizenship
Status
Domestic
Marital
StatusFederal Partner
Veteran
Military
Status
& Veteran Status
Genetic
Predisposition
California
Ancestry
Sexual Orientation
Gender Identity/
Expression
Medical
Condition
Disability
Religion
National
Origin
Color
Supervisors: Your Most Important Liability
[Video 8]
Supervisors: Your Most Important Liability
[Video 9]
Supervisors: Your Most Important Liability
[Video 10]
Supervisors: Your Most Important Liability
Other Protected Categories
• Workers’ Comp. Claim filed by employee
• Union activity
• Complaints about unsafe working conditions
• Complaints about:
• Product quality or safety
• Services provided to customers
Supervisors: Your Most Important Liability
6. Good Supervisors…
• KEEP GOOD RECORDS!
Supervisors: Your Most Important Liability
Recordkeeping
• Document early
• Document often
• Be accurate
Supervisors: Your Most Important Liability
The Sleeping Giant!
• Amendments to California’s Fair Pay Act
Supervisors: Your Most Important Liability
California Fair Pay Act
• Former test: employee is not being paid the same as someone of
the opposite gender at the “same establishment” for “equal work”
• New test: employee is not being paid the same as someone of the
opposite gender at the “same employer” for “substantially similar
work”
Supervisors: Your Most Important Liability
Fair Pay Act
• In California, Recordkeeping Is Now More Important Than Ever!
Supervisors: Your Most Important Liability
7. Good Supervisors…
• KEEP THEIR COOL!
Supervisors: Your Most Important Liability
[Video 11]
Supervisors: Your Most Important Liability
[Video 12]
Supervisors: Your Most Important Liability
Summary
• Good Listener
• Get Help When You Need it
• Good Communicator
• Prepare in Advance
• Don’t Play Favorites
• Keep Good Records
• Keep Your Cool
Supervisors: Your Most Important Liability
Supervisors With These Seven
Characteristics Are Seen as:
• Confident
• Aware
• Compassionate
• Fair
• Capable of giving better feedback
• Leaders
Supervisors: Your Most Important Liability
How Can HR Help?
• Turning Your Greatest Liability Into An Asset
Supervisors: Your Most Important Liability
HR – Developing Great Supervisors
• Get Buy-In From The Top
• Work With Your Supervisors
Supervisors: Your Most Important Liability
Working With Supervisors
• Training
• The 7 Characteristics
• Other topics:
• Lead by example
• Integrity
• Humility
Supervisors: Your Most Important Liability
Working With Supervisors
• One-on-one coaching
• Focus on:
• Newly promoted supervisors
• “Problem” supervisors
Supervisors: Your Most Important Liability
HR: Coaching Supervisors
• How are things going?
• Any good interactions with employees lately?
• Let’s talk about that!
Supervisors: Your Most Important Liability
HR: Work With Your Supervisors!
• Any interactions which you thought didn’t go so well?
• Let’s talk about why
• Let’s play-act – I’ll be the employee, you be you
Supervisors: Your Most Important Liability
HR: Build And Improve Your Team Of Supervisors
• When “problem” supervisors don’t get it, deal with it.
• Focus on the hiring process: supervisor vacancies are your most
critical vacancies!
Supervisors: Your Most Important Liability
KEY TAKEAWAYS: REMEMBER OUR POP QUIZ?!
• Why do employees seek help from attorneys or from labor unions?
Supervisors: Your Most Important Liability
Key Takeaway: How Do We Prevent Lawsuits?
• Follow the law?
• Well, that’s a good idea, but even if you follow the law, you still can
get sued by an employee/former employee.
• 2. Have a great workplace?
• This is a better answer! Most people want to clock in, work, clock
out, and go home to be with their families!
Supervisors: Your Most Important Liability
How Do We Have A Great Workplace?
• GREAT SUPERVISORS!
Questions?
80
Thank You.
81