Choosing Managers Wisely

By: Elsa Ramos

Legal Counsel to Commissioner Aaron Demerson

Choosing managers is one the most important decisions employers can make. Often, employers will take employees who are good at their job and promote them to management or supervisory positions, only to later realize they have inadvertently turned a good employee into an ineffective manager.? This can be costly in more ways than one.

The following is a list of some of a manager?s most common duties, which, if not performed well, could result in economic harm or legal liability for employers.

1. Ensuring that goals or objectives are met and that work is being performed according to employers? expectations.
2. Managing employees' schedules and monitoring timekeeping requirements.
3. Enforcing rules and policies and handling employee discipline fairly and consistently.
4. Lawfully hiring and firing employees.
5. Training employees effectively.
6. Communicating with employees on behalf of the employer regarding issues/problems/concerns/successes.
7. Communicating with the employer on behalf of the employees regarding issues/problems/concerns/successes.
8. Ensuring that employees have the resources they need to successfully perform their jobs.
9. Maintaining professional boundaries.
10. Acting in the employer?s best interest while in compliance with local, state, and federal laws

Managers who are deficient in these areas subject employers to multiple avenues of potential liability.? For example, poor handling of employee timekeeping opens employers to potential wage claims for failing to properly pay employees. Managers who are not able to maintain boundaries between professional and personal rela?tionships, and who let their personal feelings affect how they treat employees or handle employee mat?ters, may expose themselves and the business to legal causes of action, such as sexual harassment, retal?iation, and discrimination claims. Those managers who do not understand the laws involved in hiring and firing could engage in discriminatory practic?es; and poor handling of a termination could result in an unfavorable unemployment claim, which in?creases an employer?s tax burden.

While the potential for legal liability can seem daunting, not all potential harm comes from legal action. Employee productivity, as well as quality of goods and services, all suf?fer when a manager does not ensure that the work product meets expectations. After all, a company?s success is not built on producing a poor outcome. In addition, lack of proper training and necessary equipment may lead to employee injuries or dam?age to property.?

Of course, one must never underestimate the cost associated with unhappy employees. It has been said that employees quit their managers, not their jobs. Bad managers lead to disgruntled employees, which in turn lead to complaints, lack of motivation and engagement, and finally to employee resigna?tions. Managers must be able to mean?ingfully interact with employees. ?Manag?ers and employees do not need to be friends, but employees should feel respected and valued by their managers.

Good managers should clearly and effectively communicate an employer?s vision and guide employees to fulfillment of the company?s mission. The right person can instill loyalty and a sense of purpose when employees know they will be treated fairly, consistently, and with respect. The wrong person can result in unwanted and unnecessary problems, such as em?ployee turnover, low productivity, unhappy clients or customers, and numerous potential legal claims and liability.

Bottom line: when choosing managers, choose wisely, because managers speak for you.?