Destination Success: Small-business owners must take on HR duties, too

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Sinara Stull O'Donnell is a professional speaker and writer through Springfield-based SinaraSpeaks. She is the author of "Be The Star Of Your Life: Are You Ready For Your Close-Up?"|ret||ret||tab|

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My grandfather Charles L. Bogue was a Superior Court judge in Los Angeles. Because of this, my mother picked up a lot about the law just through osmosis. I, in turn, learned a great deal listening to my mother. She taught me about the ramifications of perjury, reading every line of a contract before you sign and, most importantly, that "ignorance of the law is no defense."|ret||ret||tab|

The latter statement has always made me a little queasy. How can you be expected to know all the laws? What if you break the law and you don't know it? There are so many ways this can happen. Recently, I drove across Stone County. It seemed to me that the speed limit changed every few minutes. What if I was looking out to the left and drove by yet another speed limit sign? Is that considered ignorance, carelessness or just bad luck?|ret||ret||tab|

Human resources law is a difficult area for a small-business owner. You probably got into the business for every other reason than human resource management. It might be the sheer love of retail, or perhaps you simply enjoy working with a particular product or service. Nobody becomes an entrepreneur saying, "I really want to increase my liability by hiring and firing." Yet, if you don't have some knowledge of human resources, you could find yourself in a court of law.|ret||ret||tab|

There are three major areas where you need to increase your knowledge: hiring, firing and sexual harassment.|ret||ret||tab|

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Hiring|ret||ret||tab|

Learn what can and cannot be asked in an interview and should and should not be on an application. Did you know, for example, that you could be accused of age discrimination if you list date of birth' on an application? |ret||ret||tab|

Did you know that questioning a woman about her childcare could make you liable for a charge of gender discrimination? Would you ask a man? So-called "small talk" in an interview can get you in a lot of trouble! It is safe not to ask questions relating to age, sex, nationality, religion or race. |ret||ret||tab|

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Firing|ret||ret||tab|

Donald Trump is lucky that he is on a TV show. Otherwise, he might be accused of wrongful termination. He gives no warnings, he keeps no records and he humiliates the firee. (Is that a word?) Employment lawyers represent those who claim wrongful termination in the hopes that their former employer will "settle." Do you have enough cash on hand to "settle?"|ret||ret||tab|

If you wish to fire someone, remember these three words: document, document, document. It should go without saying that you should have a file on each employee including part-timers. If an employee is doing things, which might lead to termination, make notes such as " 6/3/04 Mary failed to lock the door upon leaving. Discussed this with her." "7/6/04 John took a personal call while a customer was waiting. I told him that if this behavior continued, he would be terminated." Make a paper trail, but always remember to only write down the basic facts.|ret||ret||tab|

If you decide to fire someone, you need to give verbal warnings in advance. There are times when you can use the Trump, "You're fired!" If you fire someone for "cause," it can be done on the spot if you have a written policy stating what actions will result in termination for "cause." These might include theft, misuse of company property, insubordination and the like. Again, make a note in the person's file of the entire incident while it is still fresh in your mind.|ret||ret||tab|

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Sexual harassment|ret||ret||tab|

This is easy. If you think something might offend someone, don't say it, and don't allow your staff to say it! Most common charges of sexual harassment stem from creating a "hostile work environment." If you have a situation where someone has to see sexually explicit pictures and hear "loose talk," you might have a hostile work environment even though you are not part of it.|ret||ret||tab|

The key in all situations to take any charges seriously, whether you agree with them or not. Be sure to listen and do an investigation.|ret||ret||tab|

The above tips are just the tip of the iceberg. If you own a small business, you should familiarize yourself with the basics of human resources law through the Internet, a seminar or hiring a consultant. Remember, ignorance of the law is no excuse.|ret||ret||tab|

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