The document discusses five common workplace legal pitfalls and provides strategies to avoid them. It addresses issues related to employee classification, health and safety litigation, equal employment opportunity laws, social media use, and limiting supervisor liability. For each pitfall, it provides tips such as carefully auditing employee classifications, establishing clear expectations and accountability, asking consistency questions during EEO investigations, defining appropriate social media use policies, and conducting harassment training for supervisors.

1. F ive W orkplace L egal P itfalls - Effective Steps to Minimize and Avoid Them Jathan Janove Jathanjanove.com October 6, 2010

2. #1 CLASSIFICATION CATASTROPHE “ Hurricane Brenda”

3. #2 HAZARDOUS HEALTH LITIGATION “ Tornado Rod”

4. #3 “UH OH!” EEO ! “ Tsunami Carol”

5. #4 SOCIAL MEDIA MALAISE “ Tropical Storm Ike”

6. #5 SUPERVISORS ON THE LOOSE! “ Thunderstorm Elaine”

7. #1 CLASSIFICATION CATASTROPHE “ Hurricane Brenda”

8. AUDIT … CAREFULLY

9. WORKPLACE RISK ANALYSIS C o s t L i k e l i h o o d M a g n i t u d e = X

10. Present Three Options

11. Option 1 C>LM Risk Adverse

12. Option 2 C=LM Risk Neutral

13. Option 3 C<LM Risk Taker

14. #2 HAZARDOUS HEALTH LITIGATION “ Tornado Rod”

15. INTERACTIVE ACCOUNTABILITY ERA (Expectations, Responsibility, Accountability)

16. INTERACTIVE ACCOUNTABILITY ERA (Expectations, Responsibility, Accountability)

17. Mulligan Management

18. INTERACTIVE ACCOUNTABILITY ERA (Expectations, Responsibility, Accountability)

19. INTERACTIVE ACCOUNTABILITY ERA (Expectations, Responsibility, Accountability)

20. INTERACTIVE ACCOUNTABILITY ERA (Expectations, Responsibility, Accountability)

21. “ WE NEED YOU”

22. #3 “UH OH!” EEO ! “ Tsunami Carol”

23. Ask the Three Consistency Questions

24. Ask the Three Consistency Questions Have similar situations arisen? What do the documents say? Can we show there is no inconsistency?

25. #4 SOCIAL MEDIA MALAISE “ Tropical Storm Ike”

26. FIND YOUR TEXT / TWEET / CHAT/ PING / POST / POKE “SWEET SPOT”

27. BIG IKE’S BIG 5: Denying reality will not change it Isaac Dixon PhD, SPHR

28. BIG IKE’S BIG 5: Denying reality will not change it Technology is not inherently good or evil Isaac Dixon PhD, SPHR

29. BIG IKE’S BIG 5: Denying reality will not change it Technology is not inherently good or evil Make sure you have a “geek” on your team Isaac Dixon PhD, SPHR

30. BIG IKE’S BIG 5: Denying reality will not change it Technology is not inherently good or evil Make sure you have a “geek” on your team Boundaries need to be clear and enforceable Isaac Dixon PhD, SPHR

31. BIG IKE’S BIG 5: Denying reality will not change it Technology is not inherently good or evil Make sure you have a “geek” on your team Boundaries need to be clear and enforceable Everyone is a photojournalist Isaac Dixon PhD, SPHR

32. #5 SUPERVISORS ON THE LOOSE! “ Thunderstorm Elaine”

33. CLAIM PREVENTION TRAINING ABC’S A B C

34. (A) ESTABLISH A JERK-FREE ZONE

35. Avoid the 3 Harassment Surprises: What?!!

36. Surprise Harasser

37. Surprise Plaintiff

38. Surprise Victim

40. “ It is essential that at all times our employees treat each other, and those with whom they come into contact, with courtesy, respect and professionalism; and that they work cooperatively and constructively in resolving issues or problems.”

41. (B) WRITE AN A-HOLE LAWYER LETTER

42. SAME DAY SUMMARY (w/i a page and a day) To: Employee From: Supervisor Cc/bcc: HR Date: This summarizes our discussion on ______. We addressed the issue of _____________. We agreed the following will happen: _________________. If I haven’t summarized our discussion accurately, please let me know immediately.

43. (C) AVOID AVOIDANCE

44. PERFORMANCE FEEDBACK CHECKLIST Big Picture Focus Expected Performance: Quantity & Quality of Desired Results Expected Treatment of Others: Responsiveness, Cooperation and Professionalism. Scrupulous Honesty No Surprises – Review is a Summary Not a Substitute for Real-time Feedback.

45. WEIGHT FORWARD ON SKIS

47. Further Information: Winner of the 2009 Gold Medal IPPY Award in Business/Sales at Book Expo America 3 rd Printing! “ An extraordinarily useful book that will benefit managers and workers.” - Library Journal Jathan Janove www.jathanjanove.com www.aterwynne.com For books, articles, sample forms, or information about presentations, workshops, or other services, email info@jathanjanove.com

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51. Introducing…

52. Useful Tools Primary Source Materials Easy Navigation State Specific Materials

53. Powerful Site-Wide Searching Wage & Hour Law for Public Sector Complete coverage with 14 titles in employment law Each service contains a newsletter, archived from 2006

54. 13 additional titles in benefits Special reports with legislative changes or current developments

55. Steve McCready (512) 391-8374 smccready@thompson.com For more information, please contact: