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Writer's pictureMamie Kanfer Stewart

How Managers Can Avoid Legal Trouble

Being promoted into a managerial role comes with many new responsibilities. In addition to the expanded role, many first time managers discover they must now also navigate workplace laws and company policies. In a recent interview with employment law expert Peter Rahbar, and founder of The Rahbar Group, a boutique employment law practice based in New York City, we explored the key areas where managers often stumble—and how to avoid these pitfalls.


Read And Uphold The Company Handbook


Unfortunately a manager can unknowingly get into trouble if they’re unaware of the potential legal ramifications of their actions. Peter explains that managers must apply the rules fairly which is hard to do when you don’t know what they are. He urges managers to be proactive. Familiarize yourself with the company’s handbook, and seek guidance when policies or laws are unclear. 


One of the most common traps new managers fall into is inconsistency, often because they prioritize being liked over adhering to policy. For instance, Peter cautions managers against casually bending policies or openly sharing your disagreement with the company line.


When communicating policies, especially new ones, it’s essential to remain neutral and professional. There may be times when you have to roll out a policy you may not personally support, whether it’s a new back-to-the-office policy, a change in vacation accrual, or an adjustment in work hours. Peter advises that managers should avoid projecting their own feelings onto these policies.


Instead, think of yourself as a translator, helping the team understand and implement changes without casting judgment. Never make jokes or disparaging comments about company policies. Negative commentary or sarcasm about a policy can harm a manager’s credibility and create unnecessary friction with employees or the organization. If employees push back or ask questions, it’s appropriate to explain the company’s perspective professionally and neutrally.


Navigate Employee Health Issues to Avoid Legal Trouble


One of the more sensitive areas Peter discusses is dealing with employee health issues and accommodation requests. When employees disclose a health condition, it’s natural to want to offer support, but managers should avoid responding in ways that might promise more than they can deliver.


While it might seem subtle, it’s important to use language like “I’d like to support you in whatever ways we can,” rather than “I’ll do anything to help you.”  Expressing sympathy is fine, but promising too much support can lead to confusion if the organization’s policies don’t align.


Instead, direct the employee to HR, and let HR handle the specifics. Managers should focus on their role in facilitating the process, not on the details of the employee’s condition. In cases where the employee’s situation affects the team’s workflow, Peter recommends having a clear conversation with the employee about how their situation may impact others and discussing what they are comfortable sharing.


Peter warns us to never disclose private health information to other team members without their explicit approval. Always encourage the individual to share with the team whatever they are comfortable communicating.


Handle Performance Issues with Care


Managing employees dealing with personal issues can be a difficult balancing act. If an employee’s performance suffers due to personal or medical issues, Peter advises that managers maintain a steady stream of open, constructive communication. Documenting challenges, suggesting adjustments, and working closely with HR is critical in these cases.


Through regular check-ins, managers can provide the employee with feedback while collaborating with HR to ensure the company is legally protected and acting fairly. However, managers need to be ready to adjust their approach if the employee’s situation changes or the current strategies aren’t working. Letting a team member go is the very last resort which is why it’s essential to remain adaptable and empathetic.


In the modern workplace, managers must walk a fine line between supporting their teams and upholding company policy. Peter highlights the importance of knowing the policies, applying them consistently, and maintaining clear communication with both HR and employees. These habits can go a long way in reducing legal risks and building a healthy, productive workplace culture.


Listen to the entire episode HERE.



Keep up with Peter Rahbar: - Connect with Peter on LinkedIn and Instagram - Visit the Rahbar Group’s official website here


Guest Bonus: FREE 30-minute Consultation with Peter


Peter is offering a free 30-minute consultation for one member of Podcast+. To enter the drawing, you must be a member and submit your name by Wednesday, November 27, 2024. 



Get this guest bonus and many other member benefits when you join The Modern Manager Podcast+ Community.



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