HR Myth Busting: 4 Myths That Get Employers into Trouble

Some of the most expensive employment law mistakes start with something an employer was sure was true.

Here are 4 common HR myths, busted:

Myth 1: “At-will means I can fire anyone, anytime, for any reason.”

At-will employment gives you real flexibility, but it is not a blank check. You cannot terminate someone for a discriminatory or retaliatory reason, or for exercising a protected right. When a termination lands wrong and the file does not support it, “at-will” rarely holds up on its own. What protects you is a legitimate, well-documented reason applied consistently.

Myth 2: “If an employee does not say ‘ADA’ or ‘accommodation,’ I do not have to act.”

There are no magic words. An employee does not need to cite a statute or use the right terminology to trigger your obligations. When someone connects a workplace difficulty to a health condition, even casually, that can be enough to start your duty to engage in the interactive process. Waiting for the perfect phrasing is how good employers miss a request they were legally required to address.

Myth 3: “Salaried employees never get overtime.”

Paying a salary does not automatically make an employee exempt. Exempt status depends on specific duties (the duties test) and salary thresholds, not the method of payment. Misclassification is one of the most common and costly wage and hour mistakes, and it often surfaces years later in the form of back pay, penalties, and interest.

Myth 4: “A complaint made outside official channels does not count.”

It counts. If an employee raises a concern to a manager, in passing, over text, or outside your formal reporting process, the company can still be on notice. Ignoring it because it did not come through the “right” channel does not lower your risk. It raises it, because now there is knowledge without action.

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Disclaimer: This content is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Employment laws vary significantly by state and circumstance. Please contact our office regarding your specific situation.