Employers sometimes find themselves in legal hot water over things they have said to their employees, even when their intentions were good. To foster an ethical work environment, employers should avoid crossing certain lines in conversation with employees. Here are some common topics of office life that could lead to actionable misunderstandings:

Harassment

Perhaps most men assume most women appreciate being noticed for their new clothes, new haircut, or simply looking nice.  However, any comment on physical appearance could be interpreted as a sexually harassing proposition. One of our clients got in trouble simply by sending flowers anonymously to a co-worker he admired.  When his identity was discovered, he was disciplined and could have been fired.

The law protects employees from all types of harassment in the workplace, and it is the employer’s responsibility to investigate and take seriously every single workplace complaint. If an employee reports harassment by a co-worker or supervisor, it is crucial that the employee feel heard and supported, and that the employer assure the employee there will be no retaliation for the complaint, as the law requires.

Discrimination

An employer is not allowed to ask an employee or a prospective employee if she is pregnant, suggest that an employee needs to be of a certain age, or in any way state or imply that conditions of employment or promotion depend on a particular gender, race, age, religion, sexual identity, or, with certain exceptions for bona fide qualifications of a position, lack of disability.

Promising continued employment

An employer should avoid making any reference to future employment with the company. It is important that the employment status remain “at-will,” meaning either party may terminate the work relationship for any reason at any time, as long as the reason is not itself illegal. If the employer discusses promotions, raises, or implies any promise of employment in the future, then “at-will” status is put at risk.

Questioning the right to a leave of absence

Employees have a legal right to take an unpaid leave of absence for a number of reasons, including maternity leave, family and medical leave, and, in New Jersey, paternity leave as well.  Companies with 50 or more employees have an obligation to protect the legal rights of the employee to take leave, and to assure the worker there will be no retaliation.

Employers play a pivotal role in the creation and maintenance of a healthy and supportive work environment. Conversely, an employer can stir up controversy, resentment, and animosity among workers that predictably lead to EEOC complaints and federal and state lawsuits.

Conclusion:  Call or Write Us Today

If you are having a workplace crisis or concern, speak to one of our experienced employment lawyers for workers. At Hanan M. Isaacs, P. C., we are dedicated to “compassionate counsel and tough advocacy”.  We care about you about the outcome of your case. Call 609-683-7400 or contact us today to schedule a reduced fee initial consultation. Our offices are conveniently located in Kingston, N.J., which is in Central Jersey.  You will be glad you found us!