Prompt Action in Dealing with Problematic Employees
The Importance of Prompt ActionIn managing employee issues, swift action is a critical component for various business and legal reasons. When confronted with a problematic employee situation that seems irreparable, hesitation can lead to complications that affect both the workplace environment and your legal standing.
Anti-Retaliation ProtectionOne key legal concern arises when an employee who recognizes their precarious position decides to take action, such as applying for family medical leave or lodging a complaint regarding alleged discrimination or harassment in the workplace. This triggers the protective shield of anti-retaliation laws. Even if you have legitimate reasons for disciplinary actions or termination, these activities occurring shortly after such actions can create a perception of retaliation, which can be legally problematic for employers.
Consistency and EquityConsistency in your actions is essential. Failing to act promptly and consistently in addressing severe employee issues can expose you to accusations of unfair treatment by other employees. The last thing you want is to face claims that you treated one employee more harshly or leniently than another in similar circumstances. Such differences are often what employees point to as evidence of discrimination.
Damage ControlProblematic employees can be adept at making a case for themselves with their coworkers. They may sow seeds of doubt about your management or leadership, potentially damaging morale and cohesion within your team. The longer you delay addressing these issues, the more time they have to create their narrative, which can adversely affect your workplace culture.
Team PerceptionRemember that your entire team is watching how you handle underperforming or disruptive employees. High-performing employees may lose confidence in management if they perceive a lack of action against problem employees. Conversely, lower-performing employees may interpret your patience as tacit permission to continue their unacceptable behaviors.
ConclusionPrompt and consistent action is vital when dealing with problematic employees. It not only helps maintain a positive work environment but also safeguards your legal position. By addressing issues swiftly, you can minimize the risk of retaliation claims, maintain fairness in your workplace, and preserve the trust and morale of your team.
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Meet Our Employment Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as a Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with issues relating to wage and hour laws, including overtime pay, late or unpaid wages or commissions, employee misclassification, and retaliation against employees asserting rights under the wage and hour laws.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped clients with wage and hour disputes, including employee misclassification, late or unpaid wages or commissions, retaliation under the Wage Act, and advice to both employees and employers about wage and hour law compliance.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna has helped clients assess their rights under the wage and hour laws, including employee misclassification, untimely payment of final wages, late or unpaid commissions, retaliation, and advice to small business owners about wage and hour law compliance.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients with wage and hour claims, including late or unpaid commissions, retaliation, employee misclassification, and overtime, and litigated these claims in state and federal courts. He also advises employers about employment policies and wage and hour compliance.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with multiple wage and hour issues, including retaliation, misclassification, and late or unpaid wages or commissions, and litigated these claims in state and federal courts.
How We Can Help
Our experienced team offers valuable advice and legal expertise to assist you in promptly and effectively addressing problematic employee situations, minimizing legal risks, and maintaining a positive work environment. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
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