It still shocks me when I hear some of the employment horror stories people endure. Even in states and countries where there are substantial worker protections, we occasionally learn about an employer who:
- Sexually harassed an assistant
- Dropped an injured worker off at the hospital but denied the employment relationship
- Wanted to call Immigration and Customs Enforcement (“ICE”) to get rid of an undocumented worker that was knowingly and willfully hired
- Kept immigrant workers locked in cages in a basement or storage area
- Verbally abused new employees to “break them in”
- Intentionally misrepresented the employment relationship as an independent contract to avoid paying required benefits or taxes
I am glad this behavior shocks me. I don’t want it to ever be so normal that I start accepting employee abuse as a fact of life or work. I suspect you have the same vision. You might sometimes wonder if you are a fool for playing by the rules. It may seem like a lot more people are cheating and winning. Yet your conscience tells you it’s better to be viewed as a fool than to manipulate others for your sole gain.
When you need some additional reasons to treat your employees well, remember:
1. Respecting employees is the law.
There are several labor laws that require you to be fair:
- Fair Labor Standards Act (“FLSA“)
- Americans with Disabilities Act (“ADA“)
- Age Discrimination in Employment Act (“ADEA“)
- Civil Rights Act
- Employment Retirement Income Security Act (“ERISA”)
- Equal Pay Act (“EPA”)
- Family Medical Leave Act (“FMLA”)
- National Labor Relations Act (“NLRA“)
In New York, there are also the Construction Industry Fair Play Act, the Domestic Workers Bill of Rights, the Human Rights Law, and the Wage Theft Prevention Act.
You are presumed to be in a greater position of power than your employees, and you have a duty not to abuse that power.
2. You chose your employees.
They chose you, too, but you had more power to make the offer, establish the terms of employment, and hold them accountable. Guess who still has it.
Stop pretending that you’re powerless. You treat employees how to treat you–and how to do their work. If they’re not meeting your standards, consider some of the daily choices you make to empower (or disempower) them. Choose wisely.
3. Employees have access to your assets.
Depending on their job descriptions and duties, the size of your business, or your current projects and needs, your employees might use your:
- Computers
- Smartphones
- Client lists
- Confidential client information
- Trade secrets
- Bank accounts
- Credit cards
- Passwords
- Social media accounts
- Websites
- Automobiles
- Corporate housing
- Insurance
- Reputation
You’re taking a huge risk in giving them access to these in the first place. Don’t increase that risk by treating those with access poorly.
4. Employees are human.
Like you, employees are doing their best with what they have under the unique circumstances of each moment. They’re not perfect. Neither are you. Yet, together, you have twice the human potential to achieve results. You each have quick access to skills you don’t yet possess and thoughts your brains haven’t produced yet, at least not in ways you can use them effectively. Two heads truly are better than one, even if they come with all those messy human characteristics, too.
5. Termination only ends the employment relationship.
Severing employment only transforms the relationship. As I mentioned in my Women of Distinction interview a few years ago, you can pretend someone is dead to you, but unless they have died, you are still in the same world and, therefore, connected. Even when they die, you will remain connected, at least loosely, to their families and friends.
They are forever your former employees. You get to choose whether they become your patrons, free advertisers, or passionate protesters. Choose wisely, especially considering all the social media channels available to them.
Let’s make 2023 your best year yet for employment partnership!
DISCLAIMER: This post is a general overview of some employment laws and best practices. It is not legal advice, and there is certainly no guarantee that any of the actions detailed above will generate a similar or specific result. Past success is never a guarantee of a future outcome. If you require information or advice applied to your unique situation, please make an appointment to discuss it with an attorney. Don’t rely solely on what you read on the Internet.