Sara Boyns, Workplace Law: The Golden Rule applies to workplaces too – Monterey County Herald

Question:What is your number one piece of advice for avoiding workplace lawsuits?

Answer:The answer is so simple and yet so elusive in many workplaces: Be. Nice.

Whether you are an employer or an employee, a little kindness and civility can defuse and often prevent many workplace disputes that may otherwise escalate to litigation. The Golden Rule that you probably learned in elementary school is the maxim to live by if you want to avoid workplace litigation. Treat others the way you want to be treated. I am not suggesting that you need to be best friends with or even like everyone you work with. You do, however, need to interact with others in a civil and respectful manner in the workplace. Below are just a couple of examples of how employers can help foster a workplace where disputes can be resolved by respectful communication and action rather than litigation.

Be respectful and open in daily interactions

You may have heard the adage that employees quit managers, not companies.

It could also be said that many employees sue managers, not companies. While neither of these statements ring true in every situation, employees are more likely to bring a workplace grievance to the attention of their supervisor rather than an attorney when employees feel that management treats them with respect and is open to their concerns.

Moreover, supervisors and other managers who show respect and civility in daily interactions with others are less likely to be accused of harassment or retaliatory actions that often form the basis of employment litigation.

Beyond setting a positive example with their own actions, those in management positions must address inappropriate behavior that affects the workplace, both by other employees (supervisors and non-supervisors alike) and by non-employees, such as a customer or vendor. Appropriate policy implementation and training are critical tools for employers, but they are no substitute for common courtesy and respect in everyday interactions.

Employers should be particularly mindful to not lose this sense of courtesy while conducting terminations, as an embarrassing or terse termination can quickly motivate an employee to explore legal claims.

Avoid and address workplace gossip

There is nothing nice about a workplace full of hurtful rumors, and even seemingly harmless gossip can lead to tension and anxiety in the workplace, potentially damaging relationships, lowering morale, and decreasing productivity.

It goes without saying that managers should avoid participating in or condoning gossip, which could be pointed to as an act of harassment or workplace bullying.

In addition to addressing the act of gossiping, supervisors may have a duty to investigate the underlying complaint or rumor. There may be legitimate concerns in rumors that can be addressed by management before they escalate into a lawsuit. Training staff to effectively and respectfully communicate with one another to resolve problems will also help prevent and resolve conflicts that could otherwise lead to litigation.

Employers should keep in mind that workplace policies prohibiting gossip should not be overly broad, as they could be interpreted as inappropriately restricting the rights of employees to discuss wages, hours, and working conditions.

Whether you are an employer or an employee, being a jerk at work is never a good idea. Erring on the side of kindness in your daily interactions will reduce your chance of being drawn into a workplace lawsuit, and you may find it makes your workday more enjoyable as well.

Sara Boyns is a lawyer with Fenton & Keller in Monterey. This column is intended to answer questions of general interest and should not be construed as legal advice. Mail queries to Workplace Law, c/o The Monterey Herald, Box 271, Monterey 93942 or to email@fentonkeller.com.

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Sara Boyns, Workplace Law: The Golden Rule applies to workplaces too - Monterey County Herald