I live by "To Do" lists, which help me get things accomplished from work to shopping, and everything in between. Perhaps the most significant "To Do" list is the one we should be considering and writing in the next few days - our resolutions for 2012. While many resolutions involve bad personal habits we would like to break, the more important resolutions are the ones we set in our professional roles for our workplaces. Recently, I read an article that recommended only one New Year's resolution: staying out of court as an employer. Easier said than done, but keeping in mind some of the lessons from this year, here are five important resolutions to get your list started:

  1. Read your policies. When was the last time you read your employee handbook or policies? If you have ever had the "pleasure" of being deposed in a case, you know that this question is commonly asked. It would be great if you could honestly answer that you read your handbook in January 2012. It would be better if you could also answer that, as a matter of course, you read your handbook and always make necessary revisions every January.
  2. Hire carefully. Many situations which eventually end up in litigation stem from bad hires. While you don't have a crystal ball to predict all hiring decisions, using a well-defined meticulous process that helps you screen candidates and taking time to carefully evaluate candidates should help you avoid major mistakes. Resist the temptation to make quick hiring decisions without checking references or running background checks, with proper authorization if necessary. Teach your hiring managers to also resist the urge to screen applicants using social media or casual Internet searches. For example, a few years ago, if you had ran a quick Internet search under my maiden name you would have come across the mug shot of a woman in Florida. Mind you, I have never been arrested and never lived in Florida. During the hiring process, a simple Internet search can result in liability.
  3. Deal with issues when they happen. We frequently get calls from employers who want to fire employees for a whole host of issues which have built up over months or years, but have never been documented. If you do not document, small problems will turn into large issues. It is also not fair to the employee who assumes that his or her behavior is appropriate. Can't you hear it now: "You didn't say anything when I was coming in late for months, so why is it a problem now? Is it because I requested disability leave yesterday?" Employees who are surprised or blind-sighted by their terminations will almost always blame it on impermissible discrimination or retaliation and file suit.
  4. Train your employees and supervisors. There is no such thing as too much training. Recent changes in a number of employment laws, such as the FMLA, make training crucial for your employees and front-line supervisors. Training should be frequent and practical, including helpful examples. Since there has been an increase in complaints and litigation involving retaliation, training helps employees understand what unlawful retaliation really means and what is or is not protected by law. For example, the United States Department of Labor recently issued new Fact Sheets in an effort to educate employers on retaliation protections under the FLSA and the FMLA. The Fact Sheets include helpful examples of prohibited conduct that should be part of your workplace training.
  5. Set a good example. This is the Golden Rule for your workplace. You can have the best policies and comprehensive training in place, but without your supervisors setting a good example and consistently enforcing your policies, it will not matter. Resolve now to take some simple steps to make next year easier by teaching your supervisors - and yourself - to drop old habits and renew efforts to keep you out of court in 2012.

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