Correcting Course in Business Practices

Sarah Sawyer and Russell Berger at Offit Kurman discuss how business owners can respond when they realize they’ve made a legal mistake—often in employment policies—and need to correct course. They note mistakes may come to light through counsel, articles, real-world issues, or even a lawsuit. On this episode of OK at Work, they stress the importance of recognizing the problem, assessing the full scope, and creating a plan to stop ongoing exposure. Sarah and Russell explain that implementation and messaging matter, since sudden targeted changes can prompt broader employee complaints. They also caution against rushing implementation, since quick fixes can add risk, and highlight that some issues, like noncompliant PTO or sick leave policies, require unwinding existing obligations and may involve steps such as back pay or interim interpretation changes.

00:00 Fixing Legal Mistakes

01:13 How Problems Surface

01:54 Plan and Message Changes

02:56 Avoid Knee Jerk Fixes

04:16 Unwinding Complex Policies

04:45 Strategic Implementation Options

05:32 Scope It Out and Wrap Up