There's been an accident at work, an employee is injured and multiple co-workers witnessed the event. After the injured worker has been helped, the manager supervising the crew should:
A. Gather all the witnesses in one room to get an account of what happened and then submit that account in a report to HR.
B. Write up his or her own version of what happened.
C. Notify HR before gathering witness statements.
As an HR professional, you want your managers to respond "C." But would they be able to answer the question correctly?
What seems like a commonsense response—gathering all the witnesses to collect statements—may not be the best or most legally compliant response, said Gregory Hare, an attorney with Ogletree Deakins in Atlanta, speaking at a Sunday preconference session at the SHRM 2018 Annual Conference & Exposition.
HR professionals need to train managers to spot employment law issues and bring them to HR's attention, he said, and he highlighted a few points for HR professionals to make with their companies' managers.
Sometimes managers operate on their own and think that they've found brilliant solutions to workplace disputes when in fact they're putting the employer at risk, he noted at the session, "Managing Within the Law: What Every Manager Should Know About Employment Law."
For example, an untrained manager might think that the best way to handle a sexual harassment complaint is to get the complainant and alleged harasser in the same room to talk...
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