Just apologize, and other ways to stay out of court

Q I am the president of a small but growing firm in the Boston area. We expect to hire several employees in 2007 to support our anticipated growth. I keep reading (and worrying) about employment-discrimination claims. I don't think we are doing anything illegal but what advice can you give a small business that wants to do the right thing?

A Congratulations on your anticipated growth! It is wonderful to hear about a growing business in Massachusetts. I am not sure how many employees you have, and the number as well as other factors can mandate what employment laws apply to your business. However, there are some basic principles that can be helpful regardless of location, industry, or size.

I consulted David Ward, a partner at Michaels and Ward LLP. Ward explained: "Many employers get sued, not by doing anything unlawful, but because their poor management practices invite employee claims." He offered five suggestions for employers to minimize the likelihood of employment-discrimination claims:

Take internal complaints seriously. Employees who believe their complaints fall on deaf ears feel compelled to take their complaints elsewhere -- often to a lawyer or government agency. Internal complaints are an opportunity to let the employee be heard and resolve workplace issues. This may diffuse the issue, minimizing the likelihood of a claim. Many employees accept the employer's rejection of the complaint, as long as the rationale is explained to them.

Follow stated procedures. If an employer deviates from its own procedures, at least some employees may end up feeling cheated or wronged. Employees who benefit from rule-bending also have the potential to become discrimination plaintiffs. Once a rule has been broken, a precedent has been set. It may be difficult to return to normal procedure without giving the appearance of unfair treatment, unless the exception and the reasons for making the exception are reasonable and have been documented.

Address unsatisfactory job performance before it becomes intolerable. An employer's failure to address performance problems invariably catches up to the employer. Employees who are not told of their performance problems until they are subject to negative employment actions may resent being denied the opportunity to correct their deficiencies. When they are discharged for unsatisfactory performance after receiving positive appraisals, they tend to suspect something else factored into the decision to terminate them -- such as discrimination or retaliation.

Explain the basis for employment actions to the employee. Employers who fail to explain their employment actions to the employee often find themselves explaining it to a judge, jury, or government agency. Employees do not assume "no news is good news." To the contrary, employees usually view silence as a sign they are doing well in their job and there is no legitimate explanation for the employment action. Further, a belated explanation for an employment decision may be perceived as a pretext for some other reason.

Apologize when appropriate. A well-placed, carefully worded apology respectfully acknowledges the employee's dignity. In some cases, an apology may be ill-advised, as it may come across as an excuse or even an admission. However, aggrieved employees are often infuriated by the employer's failure to apologize -- which is frequently seen as a lack of corporate accountability. In many cases, an employer can sincerely apologize for the employment action without compromising the position of the company.

Q I am having a very hard time finding a permanent position . I recently accepted a position through a temp agency at a small company that expedted to have a lot of work but was wrong and had to lay me off. Also, I started to have personal issues and made a few mistakes during my two final weeks. I mentioned this to the agency that hired me and was told not to worry. The company told me when I was dismissed that it was due to the lack of work and also told this to the agency, but also said they did not feel comfortable with my performance. How bad is this? I am becoming upset over this and not knowing the truth.

A It sounds like you've had to deal with a lot of personal and professional challenges recently. First, let me be honest. Work ethic and first impressions count. When you begin working at a company (either as a temporary or as a regular employee), your manager, co-workers, and others are all forming an opinion about your value to the company. This is especially true at first . With many temporary assignments, the company wants to "try before they buy." It wants to test your skills, work ethic, work habits, and professionalism. If an employer observes problems early on, the employer (or agency) may get anxious and feel you are not suitable to work there on a longer-term basis.

Look back on your work history and think about the impressions that you have made along the way. Have you worked hard? Have you been punctual and reliable? Have you demonstrated initiative by taking on more than asked (when appropriate)? Have you been attentive to detail? Have you delighted customers/clients? Have you developed positive working relationships with colleagues? The agency with which you are working may be somewhat reluctant to contact you again depending upon what feedback their client gave them.

Take some time to get your personal affairs stabilized if possible. . If you establish a solid track record of performance, you may find yourself having a difficult time selecting which (among the many) opportunities to pursue next.

Q I am new to the healthcare world, working as a registered nurse. This is a second career for me and since making the decision to go to nursing school, I was told by everyone "there are so many amazing options for nurses." The thing is, I am not being exposed to any other aspects of nursing other than floor/staff nursing on hospital units. I am not happy as a staff nurse and want to find a mentor/career expert within the field who can direct me to other roles along with their requirements. Any thoughts where I can find such a network or support?

A Nurses are in demand but that does not guarantee happiness or satisfaction . However, nurses do have options . Some options to explore include using your skills and experience in biotechnology, life sciences, or pharmaceuticals. Many firms in these industries recruit and hire nurses. In some roles, these employers prefer RNs with experience working on a hospital floor. Another option to consider is teaching. With the growing demand for registered nurses, many colleges and universities are expanding their nursing programs. You do not specify what your first career was but perhaps that would broaden your options as well.

A career coach may be worth considering. Word of mouth referrals are often the best way of finding a good career coach. Two additional resources are The Association of Career Professionals International (acpinternational.org) and the Career Counselors' Consortium Northeast (www.careercounselorsne.org). When considering a career counselor, don't be afraid to ask about their experiences with clients in healthcare (specifically nursing) and transitioning into other fields.

Lastly, consider contacting the career services department of any college(s) that you have attended. You can also visit your local library to read information about career transitions before you take the first step.

Patricia Hunt Sinacole is president of First Beacon Group LLC ( firstbeacongroup.com), a human resources consultant in Hopkinton, and a visiting professor in the business school at Mount Ida College in Newton. E-mail questions to jobdoc@globe.com or mail to Job Doc, Boston Globe, Box 55819, Boston, 02205-5819.