The One Question That Prevents 80% of Legal Issues

Last month in our Chicago program, an HR Director raised her hand during break: "This is exactly what happened to us last week. Our plant manager wanted to promote someone, but when I asked him why, all he said was 'she's a good worker' and 'I like her attitude.'"

Sound Familiar?

Here's the problem: that manager just created a lawsuit waiting to happen.

John Wymer, one of our lead instructors with 40+ years of litigation experience, jumped on this immediately.

"Perfect example," John said. "If that plant manager had to sit in a deposition and explain his decision to an opposing attorney, what would have happened?"

The room got quiet. Then one manager said, "He would have gotten destroyed."

"Exactly. But here's what most people miss. This isn't about making managers' jobs harder. It's about giving them a framework that makes decisions easier AND legally bulletproof."

The Framework That Actually Works

John taught the group what he calls the "Defense Test":

Before any employment decision, ask: "Can I defend this decision with documented, job-related facts to someone who wasn't in the room?"

That's it. One question. Here's why it works:

What "Documented" Really Means

Performance reviews with specific examples
Attendance records with dates and patterns
Skills assessments with measurable criteria
Customer feedback with specifics

Not feelings. Not opinions. Facts.

What "Job-Related" Actually Means

Connects directly to essential job functions
Based on legitimate business requirements
Applied consistently across all employees

Not personal preferences. Not "cultural fit." Business requirements.

What "Someone Who Wasn't in the Room" Means

Think about explaining your decision to:

A jury hearing your case
An EEOC investigator
Your company's attorney
A replacement manager

Can you defend it with facts? If not, don't make the decision.

Here's What This Looks Like in Practice

John had the HR Director role play the scenario the right way:

Wrong approach: "I want to promote Ashley because she's a good worker."

Right approach: "I want to promote Ashley because her performance reviews show she exceeded sales targets by 15% for three consecutive quarters, completed advanced training ahead of schedule, and received written customer commendations specifically mentioning her technical knowledge."

The difference? The second decision is bulletproof.

Why This Single Question Changes Everything

After 45+ years in employment law, here's what we've learned:

It prevents problems before they start. Managers think about documentation and job relevance before making decisions, not after they're in trouble.

It creates consistency. When every manager applies the same test, similar situations get handled the same way.

It builds confidence. Managers feel comfortable making tough decisions when they can defend them with facts.

It protects good managers. The managers doing things right now have a clear process to show their reasoning.

The Results Are Dramatic

Companies using this approach see:

73% reduction in employment-related complaints
89% of manager decisions now include proper documentation
Zero successful discrimination claims in the past 18 months
Managers report feeling more confident about difficult decisions

The Follow Up Question That Matters

One manager asked: "What if I can't answer that question? What if I realize I can't defend my decision?"

John's response: "Then you just saved your company from a lawsuit. Stop, gather the facts you need, or reconsider the decision. Better to pause and get it right than move forward with something that will hurt someone and expose your company."

The Bottom Line

Most employment law problems aren't about malicious managers. They're about managers lacking a simple framework for making defensible decisions.

The "Defense Test" gives them that framework.

When managers consistently ask "Can I defend this with documented, job related facts?" three things happen:

Legal risk drops dramatically because decisions are based on facts, not feelings
Manager confidence increases because they have a clear process
Employee trust grows because they see consistent, fair treatment