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TNLA Green Report Podcast, Season 5, Episode 6: Employers’ Biggest Legal Mistakes Featuring Dustin Paschal, Simon Paschal PLLC

⏱️ 31:12 🎤 Curtis Smith, Dustin Paschal
AUDIO EPISODE
TNLA Green Report Podcast, Season 5, Episode 6: Employers’ Biggest Legal Mistakes Featuring Dustin Paschal, Simon Paschal PLLC
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Chapters

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  • 0:00
    Introduction to Legal Missteps
    Host Curtis Smith introduces Dustin Paschal to discuss common legal mistakes employers make.
  • 1:17
    Avoiding 'Being Too Nice'
    Dustin Paschal advises against keeping underperforming employees for too long, as it can lead to bigger problems.
  • 3:31
    Performance Improvement Plans
    Paschal clarifies that PIPs are for improving performance, not as a disciplinary step, and are often misused.
  • 7:59
    The Danger of Verbal Warnings
    Paschal advocates for written discipline and ongoing coaching, rather than ineffective verbal warnings.
  • 10:55
    The 'Bad Attitude' Trap
    Paschal explains why subjective documentation like 'bad attitude' is detrimental and how to write factual disciplinary notices.
  • 25:56
    Importance of Written Policies
    Paschal discusses the necessity of clear, up-to-date, but generic written policies for flexibility and compliance.
  • 32:24
    Training as Risk Reduction
    Paschal emphasizes that comprehensive, ongoing training for all employees, especially managers, is key to minimizing legal risks.
  • 37:15
    When to Call an Attorney
    Paschal advises calling legal counsel when there's a rise in employee complaints or when facing audits.
  • 40:34
    Social Media and Employment
    Paschal confirms employers can terminate employees for social media posts that negatively impact the workplace or company.
  • 42:55
    Lightning Round Takeaways
    Dustin Paschal provides quick answers on practices to stop, essential policies, and red flags for legal intervention.

Speakers

C
Curtis Smith
Host — Director of Legislative and Regulatory Affairs for the Texas Nursery and Landscape Association
D
Dustin Paschal
Employment Attorney with Simon Paschal PLLC

Key Takeaways

✦

Address underperformance quickly: Don't delay terminating non-performing employees, as it can create greater legal liability later.

✦

Use Performance Improvement Plans (PIPs) correctly: PIPs are for genuine performance improvement, not as a final step in a disciplinary process. For behavioral issues, use discipline.

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Document objectively and factually: Avoid subjective terms like "bad attitude"; instead, detail specific actions and behaviors to create strong, defensible records.

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Prioritize comprehensive training: Regularly train all employees, especially managers, on HR policies, procedures, and wage and hour laws to proactively prevent legal issues.

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Have essential written policies: Ensure you have an up-to-date Equal Employment Opportunity (EEO) policy and FMLA policies (if applicable) in writing, but avoid over-policing.

✦

Value HR functions: Recognize HR as a vital function that prevents costly legal issues, not just a cost center. Dedicate resources to HR and training.

✦

Seek legal counsel when complaints rise: A consistent increase in employee complaints, even unsubstantiated ones, is a red flag indicating a need for an HR audit or legal consultation.

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