You’re dealing with an employee situation.

Maybe someone is consistently late. Maybe an employee wants a schedule change. Maybe you need to address poor performance. Maybe you’re considering disciplinary action or termination.

You have a pretty good idea of what you want to do.

Then you stop and think:

“Am I actually allowed to do this?”

That question is more common than you might think.

For small business owners and managers, employee decisions often come up quickly. You need to make a decision, but you may not know whether there are HR rules or employment laws that affect what you can do.

And sometimes, the answer is not as simple as yes or no.

The Same Decision Can Have Different Rules

One of the biggest challenges with HR is that there is rarely a one size fits all answer.

For example, an employee asks for a change to their schedule.

At first, it may seem like a simple scheduling decision. You can approve it or deny it.

But what if the request is related to a medical condition, pregnancy, disability, religious practice or another legally protected situation?

Now the situation may require a closer look.

That is why the question should not always be:

“Can I do this?”

A better question is:

“What do I need to consider before I make this decision?”

Good Intentions Don’t Always Protect You

Most small business owners are not trying to break employment laws.

They are trying to run their business.

They may think:

“We’ve always handled it this way.”

“This seems fair.”

“I’ve done this for other employees.”

“Everyone else follows the rule.”

Those things may be important. However, they do not always answer the HR question.

Consistency matters. So does the reason for the decision. So does how a policy applies to the specific situation.

For example, if you have a policy that employees must follow a particular procedure, you may want to enforce it consistently.

Before taking disciplinary action, though, you should consider whether there are circumstances that could affect how the situation needs to be handled.

That extra step can make a big difference.

“But I Did It for Another Employee”

This is one of the most common questions business owners have.

An employee breaks a rule. You want to take action.

Then someone points out that another employee did something similar and did not receive the same consequence.

Now you’re thinking:

“Can I still discipline this employee?”

Possibly.

But this is where you need to slow down.

Were the situations actually the same?

Were the circumstances different?

Was there a different policy involved?

Was the employee treated differently for a legitimate business reason?

Could there be a discrimination or retaliation concern?

You may have a perfectly reasonable explanation. However, it is better to identify that explanation before making the decision instead of trying to explain it later.

What About Terminating Someone?

Termination is another situation where the question “Am I allowed to do this?” becomes especially important.

You may have a legitimate business reason for ending employment.

That does not mean you should skip the HR review.

Before a termination, consider the employee’s history, documentation, applicable policies and the circumstances surrounding the decision.

You should also consider whether the employee has recently made a complaint, requested an accommodation or leave, reported a workplace concern or engaged in another activity that could create a retaliation concern.

The goal is not to make every employment decision complicated.

The goal is to make sure you are looking at the right things before you act.

Your Employee Handbook Can Help

Your employee handbook should give employees clear expectations about workplace policies and procedures.

It should also help managers understand how those policies are supposed to be applied.

Written policies can help create consistency and give employees a clear understanding of workplace expectations.

Of course, having a policy does not automatically answer every HR question.

You still need to consider whether the policy applies to the situation and whether another law or requirement affects how it should be handled.

That is especially important when your handbook has not been reviewed or updated in several years.

When Should You Stop and Ask for Help?

You don’t need to call HR every time an employee asks to leave 30 minutes early.

But some situations deserve a second look before you act.

For example:

• An employee requests an accommodation.

• An employee asks for leave.

• Someone makes a harassment or discrimination complaint.

• You are considering termination.

• You are preparing disciplinary action.

• An employee claims they are being treated differently.

• An employee recently made a complaint or raised a workplace concern.

• You are not sure whether a policy applies.

• You are making an exception to an existing policy.

• You have a situation you have never dealt with before.

When you find yourself thinking, “Am I allowed to do this?”, that may be your sign to pause.

You Don’t Have to Know Every HR Rule

Being a business owner does not mean you are supposed to know every employment law, regulation and HR best practice.

You have a business to run.

You have customers to serve, employees to manage and decisions to make. HR questions are just one part of the job.

The important thing is knowing when a situation deserves more than a quick decision.

Before you act, take a moment to ask:

What is the reason for this decision?

Have I handled similar situations consistently?

Does an employee policy apply?

Could there be another HR issue involved?

Would I be comfortable explaining my decision later?

If you cannot confidently answer those questions, it may be time to get some help.

Consult HR Services provides HR support to help small businesses navigate employee questions, workplace policies, disciplinary issues and other HR decisions.

Because sometimes the smartest HR decision is not knowing the answer.

It’s knowing when to ask.