When Did Doing Your job Become a Legal Risk?

Not that long ago, a tough workplace conversation was just that—tough.

You might walk out of the office uncomfortable. You might not agree with everything you heard. But you took the feedback, adjusted where needed, and carried on. Performance conversations were part of work. They weren’t personal attacks, medical events, or legal landmines—they were simply a necessary part of having a job.

Today many business owners are quietly asking a different question: When did managing performance become this hard?

The Modern Employer Reality

Across industries and organization sizes, employers are navigating a very different workplace reality. Routine performance conversations are increasingly being framed as bullying, harassment, or discrimination. Enforcing expectations can trigger emotional distress, threats of complaints, or sudden medical notes. In some cases, employees go on leave or short-term disability immediately following a difficult—but reasonable—conversation.

For many leaders, it feels like one wrong sentence could lead to a formal complaint. That fear doesn’t create better leadership—it creates hesitation, avoidance, and burnout.

A Workplace Culture Shift—Not a Character Flaw

This isn’t about employees being “too sensitive,” nor is it about dismissing mental health. Workplace culture has changed, and in many ways, that change has been positive. We talk more openly about psychological safety, stress, and well-being than ever before, and that matters. But somewhere along the way, discomfort started being confused with harm.

Previous generations were often taught to separate feedback from identity. A critique of work wasn’t a critique of who you were. Today’s workforce is more likely to experience feedback as personal and emotionally charged—particularly when expectations haven’t been clearly communicated or feedback only shows up when something is already going wrong.

The result is a growing disconnect between what employers believe is reasonable management and how employees experience those conversations.

Let’s Be Clear: Performance Management Is Not Harassment

Difficult performance conversations are not bullying, harassment, or discrimination simply because they are uncomfortable. When handled appropriately, they are a fundamental responsibility of leadership.

Clear expectations, honest feedback, and course correction are essential for fairness, safety, and the long-term health of any organization. Avoiding these conversations doesn’t protect employees—it often does the opposite.

Where Performance Conversations Often Break Down

Many workplace conflicts don’t come from having performance conversations, but from how and when they happen. Expectations may never have been clearly set. Feedback may be delayed until problems are significant. Managers may avoid conversations until frustration builds. Employees may be genuinely surprised to hear concerns they didn’t know existed. In those situations, even reasonable feedback can feel sudden, personal, or unfair.

The Rise of the “Exit via Leave”

A growing challenge employers are facing is what some quietly refer to as the “exit via leave.” A performance conversation occurs. The employee becomes distressed. A medical note appears. The employee goes on leave or short-term disability, and the workplace issue is effectively paused—sometimes indefinitely.

Mental health accommodations are important and legally required. But they cannot replace performance management altogether. Accommodation and accountability must exist side by side.

What Actually Works in Today’s Workplace

Employers who navigate this shift successfully focus on clarity rather than avoidance. They set expectations early and document them. They normalize feedback as an ongoing conversation rather than a disciplinary event. They train leaders to separate performance from personal worth and to deliver feedback with respect.

They address issues early and treat accommodation as a supportive process—not a reason to stop managing altogether. It is possible to be empathetic and firm. Supportive and clear. Human and accountable.

A Final Thought for Employers

If you feel like you’re walking on eggshells, you’re not alone. Workplaces are evolving faster than many leaders were ever trained for. But difficult conversations are not the enemy. Avoiding them is. Handled well, they build trust, clarity, and stronger teams. Avoided, they create confusion, resentment, and risk.

How Red Rock HR Can Help

At Red Rock HR, we work with employers who are trying to navigate these exact challenges—balancing empathy with accountability, performance with psychological safety, and leadership with legal compliance.

We help employers:

• Structure clear expectations and performance frameworks

• Train leaders to have confident, respectful conversations

• Navigate accommodation, leaves, and disability alongside performance management

• Reduce risk while maintaining strong workplace culture

You don’t have to walk on eggshells—and you don’t have to do it alone.

If you’re struggling with performance conversations or unsure how to move forward, Red Rock HR is here to help strengthen your foundation.