When legal issues training backfires

Has anyone found a safe and effective strategy by which to train and coach field-level management (e.g., store managers) regarding the pitfalls to avoid in employee documentation, evaluation, discipline, etc., etc. which could create a risk of exposure to charges of discrimination or other wrongful employment practice, without at the same time, inadvertantly "educating" these same managers on effective tactics to use in bringing their own claims against the company, if they are so inclined? For instance, if the manager's own supervisor (DM, VP) isn't exactly a paragon of HR virtue in handling them, or if own their employment status places them at increased risk of filing a charge now or in the future. Or is this simply a double-edged sword which we cannot avoid sharpening at the same time we are trying to dodge it?

Thanks for any advice you can lend.

Comments

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  • It cannot be avoided. The problem, of course. is with the higher level managers who aren't "with it". Doing nothing leaves you with liability from every quarter so you might as well make some progress at the supervisor level. Somewhere along the line someone needs to a frank discussion with the higher level managers about the risks that they create by their actions.
  • Have you tried selling your CEO on top down training of this sort? One of the most common refrains I used to hear when training was "has my manager been to this class?" That was an immediate signal that the proper training and ground work was not done up-stream from that group.

    This area is one that should be a pretty easy sell. The whole area of employment law and liability is so volatile that you could couch it as "refresher" training or "updates" for your more senior managers. In those sessions you could even emphasize the necessity that this level model appropriate behaviors in order to enhance their integrity and authority with their field subordinates.

    Remember we all live by WIIFM-What's In It For Me. If you can show those middle and upper managers how this information and these behaviors will serve their interests they will be more likely to buy in and exhibit the desired behaviors.
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