Common HR Pitfalls
- Maria Berta
- 2 hours ago
- 4 min read
After many years working in Human Resources, I’ve seen the same avoidable situations play out again and again. For many small business owners, HR becomes an afterthought — something addressed only once a problem has already surfaced. But it doesn’t have to be that way. With a little foresight and preparation, human resources becomes a powerful tool for setting your business up for success, preventing costly distractions, and allowing you to focus on what truly matters: running and growing your business.
“That’s not my job.”
No manager ever wants to hear those words. So how do you prevent them? Start with clear, well-written job descriptions that set expectations from day one. A strong job description creates clarity for employees while also providing important legal protection for employers. It defines the role’s responsibilities, outlines physical and mental requirements, clarifies whether the position is exempt or non-exempt, and—most importantly—includes the essential catch-all line: “Other duties as assigned by management.” With this in place, you dramatically reduce confusion, frustration, and the all-too-familiar complaint, “That’s not my job.”
“I need to fire someone, but I don’t have any of his poor performance documented.”
Regular performance reviews are your first line of defense if you ever need to make the difficult decision to let someone go. They document where an employee is falling short, reveal performance patterns over time, and clearly show how that individual compares to expectations. But performance reviews aren’t just protective—they’re powerful tools for engagement. When done well, they give employees clear goals for the year ahead, identify skills to develop, and outline the support the company will provide to help them succeed. The result? Stronger performance, higher morale, and increased loyalty across your team.
“I resigned yesterday, but today I need to rescind my resignation.”
Can an employee do this? Yes—they can. However, if an employer refuses to allow an employee to rescind their resignation, the employer becomes the “moving party” in the separation and may be required to pay unemployment benefits. In contrast, if the employee had simply resigned and the resignation stood, they would not be eligible for unemployment. For employers who prefer not to reinstate the employee and want to avoid unemployment liability, there is another option: pay out the remainder of the employee’s notice period—most commonly two weeks—and formally conclude the employment relationship. [California specific]
“I’m hiring an unpaid summer intern.”
For an internship to legally qualify as unpaid, it must primarily benefit the intern’s education, closely resemble training provided in an academic setting, and be integrated with the intern’s formal educational program. This is an exceptionally high bar to meet. In practice, most internships don’t pass this test, which means they must be paid to stay compliant and avoid costly missteps. [California-specific]
“An employee was under the influence at work so I sent them home.”
“How did you send them home? In an Uber? Did a manager drive them? Did you call their emergency contact?”
“No, I just sent them home... I think they drove.”
No. No. No.
Every employer needs a clear, written policy for handling situations when an employee is underxthe influence at work. These moments carry serious legal and safety risks, and poor judgment can have devastating consequences. The absolute worst decision is allowing an intoxicated employee to get behind the wheel, putting both public safety and the employee at risk. Had an accident occurred, the company would most likely have been found liable. This is exactly why strong HR policies—and proper manager training—matter. They remove guesswork in high-stress situations and help prevent well-intentioned but dangerous mistakes.
“My employee’s FMLA doctor’s note says she needs time off work, but she says she can work, so I’m going to let her work.”
Under the U.S. Department of Labor’s Family and Medical Leave Act (FMLA), employee leave isn’t optional—it’s a protected right. The law exists to ensure employees can take the medical leave they need without fear of penalty. For employers, that means doctor’s notes must be followed exactly as written. Federal law requires employers to honor medical certifications as provided, regardless of an employee’s own assessment of how they’re feeling or whether they believe they can work. Ignoring or overriding a doctor’s note isn’t just risky—it’s a violation of federal legislation.
“What I post on social media is my business.”
An employee shared hateful content on social media targeting a protected class—and coworkers saw it. The result? Claims of a hostile work environment. Many employees don’t realize that what they post on social media doesn’t exist in a vacuum. When coworkers see it, those posts can quickly become an employer’s legal problem.
In today’s always-connected world, a clear and well-communicated social media policy is essential. Employers must educate employees that their online activity can expose the company to discrimination and harassment claims, undermine compliance with workplace laws, and create serious legal and reputational risk. A strong policy sets boundaries, protects the organization, and helps employees understand where personal expression ends and workplace responsibility begins.
Simple, seemingly harmless oversights can quickly turn into major liabilities for a small business. Human resources is often deprioritized in an effort to save money—but that short-term savings can come at a steep cost. Defending just one employment lawsuit costs small businesses an average of $54,000 in legal fees alone*, not including lost productivity, leadership distraction, reputational damage, or the financial impact of losing a lawsuit.
The good news? Most of these risks are preventable. With the right HR policies, procedures, and proactive guidance in place, small businesses can protect themselves, strengthen their teams, and stay focused on growth—not damage control. If you’re ready to reduce risk and build a stronger foundation, we’re here to help.
Schedule a consultation: info@bertacg.com
-Maria Berta, SPHR
Senior Human Resource Consultant
Berta Consulting Group
February 2026
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