Culture is a Compliance Tool Part 3: Leading With Facts, Not Fear
It’s common for supervisors to hear statements like, “I read online that you can’t do that,” or “My friend who’s an attorney says that’s illegal,” or “My doctor says I don’t have to tell you anything about my absence.” Sometimes those statements are correct. Often, they’re only partially true, based on rules that apply to larger employers, or the information leaves out important context.
The AI Overview of a Google search might seem convincing, and that family friend may be certain “they can’t do that to you,” but the employee may just be confidently incorrect.
In our experience, most employers sincerely want to do the right thing for their employees, and they definitely don’t want to walk into legal risk. It can be unsettling to suddenly doubt a company policy or practice you’ve been following for years. But how do you know whether an employee’s concern is a legitimate legal issue or a misunderstanding… or even worse, a deliberate manipulation?
The best first response is neither to dismiss the issue nor to react out of fear. Instead, take the time to verify the facts.Employment law, particularly in California, is always changing. Requirements for wage and hour practices, leaves of absence, workplace accommodations, discrimination, and other topics evolve every year. Relying on outdated company policies or “we’ve just always done it that way,” can create unnecessary risk, but ignoring good-faith questions or making decisions based on something an employee found online can create a whole different set of problems.
When an HR policy question arises, don’t feel like you have to make a quick decision. It’s perfectly appropriate to tell an employee, “Thank you for bringing this to my attention. I’d like to review the issue so I can make sure we’re handling it correctly.” If they say they read something online, ask them to forward a link so you can read the information yourself. Ask if they can provide further context for why their cousin’s best friend thinks a company policy isn’t correct. This response shows you’re taking the issue seriously, while allowing time to gather relevant, accurate information before responding.
This is where your trusted resources become invaluable. A certified HR Consultant and a skilled employment attorney can listen to your situation and provide timely, practical guidance tailored to your business and the employee in question. Rather than reacting from fear or pressure, or trying to sort through conflicting online information, you can make confident decisions, knowing you’re working with accurate, relevant facts.
A positive workplace culture allows employees to ask questions, even challenging ones. We don’t want to shut down a good-faith concern, and we don’t want to unnecessarily give in to an employee’s attempt at manipulation. You don’t need to memorize every employment law – who could possibly do that?!? But you can show a confident and professional response to uncertainty. Employees should know that you encourage questions, seek reliable guidance, and make thoughtful decisions based on accurate information. When you consistently lead with facts instead of fear, you can not only reduce legal risk, but also build a culture of credibility and trust.
