The Inside Training Newsletter (available through trainingmag.com) just outlined some key points on how managers can really get you in a bind legally if they’re unaware of how their actions (or inactions) may be viewed in a lawsuit.

Here’s a short list of what the folks at trainingmag.com say are some management trouble spots:  

• Sloppy documentation. Managers should speak and write (even in e-mail) as if a jury will examine their comments some day.

• Not knowing their company’s policies and procedures. When managers admit ignorance in court, juries typically view that as purposeful, not forgetful.

• Giving inflated appraisals during performance reviews. If a manager later cites “poor performance” for an employee’s termination, overly positive appraisals can create a credibility gap.

• “Papering” an employee’s file. Courts will see through a rush of disciplinary actions cited in the days before a termination.

• Interview errors (e.g., questions about age, race, religion, political affiliation). Hiring managers should stay away from any question that doesn’t relate to gauging how well the person would perform the job.

• Being rude or mean-spirited. No matter how great your legal defense, you’ll face an uphill battle in court if your manager comes across as rude or insensitive.

Not too long ago I had a very experienced HR person confiding that his company’s management kept setting themselves up for a lawsuit by violating many of the items listed above. It wasn’t long after that he told me it finally hit the fan: Someone filed a wrongful termination suit, and because nobody was giving credence to the HR manager’s warnings, they were in hot water up to their gills.

This list above appear to be easy-to-fix errors, based on common sense. But as we hear too often, common sense isn’t very common.

Ever get zapped by any of the above? What got ‘fixed’ as a result?

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