A friend of mine over at Training Time (http://www.trainingtime.com/) published this article and I had to share it. It is funny but way too true!!
There are countless articles and books that promise to tell employers how to boost employee morale. They may or may not be right, but there is something we all can be certain about. There are easy ways to kill employee morale. Thoroughly. Some of them are simple; some take time. But they all work.
So with some levity and a lot of truth, here are 8 great ways to destroy the spirit of even the most dedicated of employees:
8) Start new hires with promises of raises, promotions and other perks, and then “forget.” One of the best ways to destroy morale from the start is to make promises to your new hires, and then never mention them again. Truly creative morale-smashers may want to extend this technique to existing employees, so even seasoned workers can share in the disappointment.
7) Make rules that defy logic and then enforce them – harshly. If your employees don’t come within miles of a customer, ban jeans and make them dress up for work. Prohibit personal decorations on desks. Send out a memo limiting the time in the restroom to five minutes. Whatever it is, make sure the consequences of these performance-related violations are severe – letters of reprimand, docked pay – anything to make them fear for their jobs.
6) Play favorites. Everyone remembers the teacher’s pet – bring that dynamic into the workplace. A great way to destroy employee morale is to make it clear that a few people can get away with anything, while the rest must toe the line. Or consider the reverse scenario… selectively enforce the rules with a few employees while letting the rest off the hook. Morale is certain to take a nose dive.
5) Skimp on necessary tools, equipment or technology. Invite employee discontent by maintaining a tight hold on the purse strings when it comes to the tools employees need to do their jobs well. Dole out pens, paper and other office supplies like they were the items about to tip the company over the financial edge. Create a make-do attitude, and then hold employees to standards unachievable given the lack of good tools and equipment.
4) Maintain an atmosphere of fear in the workplace. This technique can take many forms, but one of the most effective is to keep employees wondering whether their jobs will exist tomorrow. Dwell on declining sales, especially if you can do so in several contexts. Ask them casual questions about their spouse’s job security. Drop small but favored perks such as water bottles, good coffee or the annual company picnic. Productivity and employee attitude will fall simultaneously.
3) Show employees you don’t trust them. Make sure employees know they are not at all trusted. Double and triple check their paperwork, logs and products. Listen in on conversations. Hide behind cubicle walls and eavesdrop on employee discussions. Search them as they leave, even if they have no access to anything of value. The impact on morale and work quality will be noticeable almost instantly.
2) Make it an us and them atmosphere. Demand that staff- level employees take cuts in pay, hours or benefits. Postpone or cancel promotions. Delay replacement of worn-out but needed equipment and furnishing. Then give the executive staff new 22” flat panel computers. Talk about how hot it was on your trip to Italy. Complain about how your Porsche is always in the shop. After all, they should be happy to have a job, any job. Right?
1) Wherever possible, reinforce the idea that they are replaceable. This is the number one way to kill employee morale. For every person employed in your company, there are at least a dozen applicants eager to take their position. Let your current employees know that, whether through words, deeds or environment, that they could be replaced tomorrow.
Thursday, December 4, 2008
Wednesday, November 26, 2008
Holiday Pay Practices
I came across this informative artlicle and thought I would share. Please note the authors information at the end.
The end of the year is a good time to review your company’s holiday pay practices. This article answers common questions regarding holiday pay-related issues in the United States.
Must an employer provide employees time off on holidays?
No. There is no Federal law that requires an employer to provide time off, paid or otherwise, to employees on nationally recognized holidays.
Must an employer accommodate an employee’s observance of a religious holiday?
An employer is obligated to provide reasonable accommodation for the religious practices of its employees, unless it can show that the accommodation would result in undue hardship for its business. Many employers offer a “floating holiday” in addition to the regularly scheduled holidays. This allows an employee to take time off for religious observances that are not covered by the employer’s established holiday schedule.
Courts addressing the issue of religious accommodation generally agree that unpaid time off can be a reasonable accommodation, as can allowing an employee to use a vacation day to observe a religious holiday. Generally, employers require that floating holidays be taken in the same year they are granted and do not allow these days to be carried over into the next year. Employees usually are required to give adequate advance notice of their intention to take a floating holiday.
Must holiday time off be paid?
For non-exempt (hourly) employees, no. An employer does not have to pay hourly employees for time off on a holiday. An employer is only required to pay hourly employees for time actually worked. On the other hand, exempt employees (salaried employees who do not receive overtime), who are given the day off, must be paid their full weekly salary if they work any hours during the week in which the holiday falls. This requirement for exempt employees did not change under the new federal overtime regulations.
Must paid time off be counted as hours worked in determining whether an employee is entitled to overtime?
No. If an employer provides paid holidays, it does not have to count the paid hours as hours worked for purposes of determining whether an employee is entitled to overtime compensation. An employee must actually work 40 hours in a week before he/she is eligible for overtime. Paid time off (holidays, vacation, sick leave, etc.) is not considered time worked. Note, however, that many collective bargaining agreements include additional provisions for determining overtime.
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Mel Muskovitz is an attorney who represents employers about labor and employment matters in state and federal courts and before administrative agencies. He also assists his clients to avoid legal problems by preparing or reviewing employee handbooks, conducting training, and advising on appropriate preventative measures such as employee discipline. He assists employers to comply with the Fair Labor Standards Act, the Family and Medical Leave Act, the Americans with Disabilities Act and Title VII of the Civil Rights Act of 1964. He can be reached at Dykema Gossett PLLC, Phone: (734) 214-7633, FAX: (734) 214-7696, or by Email.
The end of the year is a good time to review your company’s holiday pay practices. This article answers common questions regarding holiday pay-related issues in the United States.
Must an employer provide employees time off on holidays?
No. There is no Federal law that requires an employer to provide time off, paid or otherwise, to employees on nationally recognized holidays.
Must an employer accommodate an employee’s observance of a religious holiday?
An employer is obligated to provide reasonable accommodation for the religious practices of its employees, unless it can show that the accommodation would result in undue hardship for its business. Many employers offer a “floating holiday” in addition to the regularly scheduled holidays. This allows an employee to take time off for religious observances that are not covered by the employer’s established holiday schedule.
Courts addressing the issue of religious accommodation generally agree that unpaid time off can be a reasonable accommodation, as can allowing an employee to use a vacation day to observe a religious holiday. Generally, employers require that floating holidays be taken in the same year they are granted and do not allow these days to be carried over into the next year. Employees usually are required to give adequate advance notice of their intention to take a floating holiday.
Must holiday time off be paid?
For non-exempt (hourly) employees, no. An employer does not have to pay hourly employees for time off on a holiday. An employer is only required to pay hourly employees for time actually worked. On the other hand, exempt employees (salaried employees who do not receive overtime), who are given the day off, must be paid their full weekly salary if they work any hours during the week in which the holiday falls. This requirement for exempt employees did not change under the new federal overtime regulations.
Must paid time off be counted as hours worked in determining whether an employee is entitled to overtime?
No. If an employer provides paid holidays, it does not have to count the paid hours as hours worked for purposes of determining whether an employee is entitled to overtime compensation. An employee must actually work 40 hours in a week before he/she is eligible for overtime. Paid time off (holidays, vacation, sick leave, etc.) is not considered time worked. Note, however, that many collective bargaining agreements include additional provisions for determining overtime.
------------------------------------------------------------------------------
Mel Muskovitz is an attorney who represents employers about labor and employment matters in state and federal courts and before administrative agencies. He also assists his clients to avoid legal problems by preparing or reviewing employee handbooks, conducting training, and advising on appropriate preventative measures such as employee discipline. He assists employers to comply with the Fair Labor Standards Act, the Family and Medical Leave Act, the Americans with Disabilities Act and Title VII of the Civil Rights Act of 1964. He can be reached at Dykema Gossett PLLC, Phone: (734) 214-7633, FAX: (734) 214-7696, or by Email.
Tuesday, November 11, 2008
The ADAA 2008
On September 25, 2008, President Bush signed into law the ADA Amendments Act of 2008 (ADAAA), which will amend the Americans with Disabilities Act of 1990 (ADA) and directly overturn several decisions of the U.S. Supreme Court interpreting that landmark law. The ADAAA sends an unmistakable message to the courts that the concept of disability is to be more broadly, rather than narrowly, construed. The primary consequences of these amendments to employers are that far more people will fall within the definition of disability under the ADA. Specifically, the measures will increase coverage and strengthen employee protections under the ADA by:
1. Rejecting the strict interpretation of the ADA that defines disability to be an impairment that prevents or severely restricts an individual from doing activities that are of central importance to one’s daily life;
2. Prohibiting the consideration of almost all measures that reduce or mitigate the impact of an impairment in the determination of whether an individual is disabled (i.e. hearing aids, prosthetic limbs);
3. Allowing persons who are discriminated against on the basis of a perceived disability to pursue a claim under the ADA regardless of whether the perceived impairment limits or is perceived to limit a major life activity.
The ADAAA Rejects the Supreme Court’s Strict Interpretation of the ADA As Setting a High Standard to Qualify as Disabled
The major goal of the ADAAA is to undo current case law that, for the most part, creates a restrictive interpretation of the statute’s definition of disability. The amendments
specifically direct courts to instead construe the law in favor of “broad coverage of individuals under the ADA.”
Congress Tells the Courts How to Interpret the ADA
For example, in the Murphy case, Murphy had severe high blood pressure, but with medication, could function normally and engage in a full range of activities. Before the ADAAA, the law did not consider him to be disabled under the ADA because the use of medication controlled the effects of his high blood pressure. Murphy was prevented from pursuing an ADA claim after UPS found him unfit for his driver position because of his high blood pressure. The ADAAA now mandates that in determining whether an individual is disabled under the ADA, the person must be evaluated as if untreated, without considering the ameliorative effects of high blood pressure medication.
As a result of this change, the ADA will protect people whose cancer is in remission, whose diabetes is controlled by medication, whose seizures are prevented by medication, and who can function at a high level with learning disabilities. Employers will need to concentrate less on the threshold issue of disability, and focus more on their duty to provide reasonable accommodations. The ADAAA makes an exception for those who wear ordinary eyeglasses or contact lenses to correct vision to full acuity. These devices are not to be ignored in considering whether a person is disabled. Rather, they are to be taken into account, in all but rare cases. The purpose is to exclude from the definition of disability persons who simply need ordinary glasses to read, drive, etc.
The Scope of “Regarded as” Claims Has Been Both Clarified and Broadened
The ADAAA further expands the ADA’s definition of disability, specifically the “regarded as” prong of that definition, by now including persons that have been discriminated against because of an actual impairment or a perceived impairment “whether or not the impairment limits or is perceived to limit a major life activity.” This is in stark contrast to the previous requirement expressed in the U.S. Supreme Court’s opinion in Sutton that the perceived impairment must, like any actual impairment, substantially limit a major life activity. If a person is treated adversely (in regard to job application procedures, hiring, advancement, discharge, compensation, job training, and other terms, conditions, and privileges of employment) because of an actual perceived impairment, that is a violation of the law, irrespective of whether the impairment actually limits or is perceived to limit a major life activity. However, the ADAAA excludes from the “regarded as” definition of disability those impairments that are transitory and minor. Transitory is defined as impairment with an actual or expected duration of 6 months or less.”
The ADAAA, however, limits the application of the ADA by clarifying that an employer’s duty to accommodate does not extend to those individuals who make discrimination claims under the “regarded as” prong of the definition of disability. Before the ADAAA, there was a split among the federal courts as to whether the ADA’s reasonable accommodation requirement applied to the “regarded as” category of disabled individuals. The ADAAA makes clear that employers have no duty to accommodate these individuals.
In short, the ADAAA clearly prohibits adverse employment actions based on myths, fears and stereotypes when the person being discriminated against may not actually have impairment, but is simply perceived to have one. As it is logically inconsistent to require reasonable accommodation of a misperceived impairment, the ADAAA clarifies that employers need not engage in the reasonable accommodation process with persons regarded as impaired, who are not actually impaired.
The ADAAA Clarifies Other Aspects of the Definition of Disability
To further the goal of broadening the definition of disability, the ADAAA adopts several other provisions to guide the interpretation of the term disability. These include:
The ADAAA specifically adds a nonexclusive list of examples of major life activities to the language of the statute, and, in addition to the activities recognized in the regulations promulgated by the Equal Employment Opportunity Commission (EEOC), it adds the following: eating, sleeping, bending, reading, concentrating, thinking, and communicating.
The ADA is also amended to now include a listing of examples of major bodily functions, which are considered major life activities. The ADAAA specifically rejects the restrictive interpretation of major life activity used by the U.S. Supreme Court in Toyota Motor Manufacturing, Kentucky, Inc. v.Williams, 534 U.S. 184 (2002).
The ADAAA specifically includes as disabled those persons who have an impairment that is episodic or in remission, if the impairment would substantially limit a major life activity when active.
The ADAAA rejects the definition of “substantially limits” in the • Toyota case, and in EEOC regulations that define “substantially limits” as “significantly restricted,” and directs the agency to revise its regulations to be consistent with the amendment’s goal of broadening the class of persons covered by the ADA. However, unlike some initial proposals regarding the amendments and at least two current state laws, the ADA does not apply to persons who are simply “limited” due to a major life activity.
There Is No Reverse Discrimination Under the ADA
The ADAAA states that there can be no claim of “reverse discrimination” under the ADA. Specifically, the ADAAA states that the ADA does not provide for a claim that an “individual was subject to discrimination because of the individual’s lack of disability.” “Reverse discrimination” claims have arisen in the context of an employer providing reasonable accommodation. This means that non-disabled persons cannot claim discrimination because they were treated less favorably or were not given the same accommodations.
Practical Steps for Employers
The ADAAA will be effective January 1, 2009. Overall, this law will not require major changes by most employers, but some practical steps for employers to take are listed below.
Employers should:
1. Review their policies to make sure any definitions they use track the new law. Any handbook changes made should be communicated clearly to all employees. Most of the changes made in the amendments are legal clarifications of points that had been sources of controversy among lawyers, so it is unlikely that employers will need any major rewrites of policies.
2. Make sure that those in the organization who make decisions about accommodations, and human resources executives in particular, receive training to educate them about the changes in the ADA. These individuals need to understand the implications of the change in the definition of disability, and they should be highly aware of the “regarded as disabled” source of liability, so they avoid behaviors that might fall into this category.
3. Train persons in the company or organization who will be involved in the interactive discussions with employees potentially covered by the ADA. Those persons need to understand the comparative ease under which many additional people may now be covered by the law. They also need to know more about reasonable accommodations as many additional employees and applicants will have to be accommodated due to the amendments.
3. Expect more lawsuits to be filed. The ADAAA makes it easier for applicants and employees to make claims of disability discrimination. The defense of these suits will be more difficult, as the more expansive construction of the meaning of disabled will limit some frequently used defenses available to employers.
4. Discuss the effects of these legal changes with legal departments and/or outside counsel. Through early discussion, inadvertent problems can be avoided. Time is of the essence as these amendments become effective January 1, 2009.
Stated simply, planning avoids lawsuits.
1. Rejecting the strict interpretation of the ADA that defines disability to be an impairment that prevents or severely restricts an individual from doing activities that are of central importance to one’s daily life;
2. Prohibiting the consideration of almost all measures that reduce or mitigate the impact of an impairment in the determination of whether an individual is disabled (i.e. hearing aids, prosthetic limbs);
3. Allowing persons who are discriminated against on the basis of a perceived disability to pursue a claim under the ADA regardless of whether the perceived impairment limits or is perceived to limit a major life activity.
The ADAAA Rejects the Supreme Court’s Strict Interpretation of the ADA As Setting a High Standard to Qualify as Disabled
The major goal of the ADAAA is to undo current case law that, for the most part, creates a restrictive interpretation of the statute’s definition of disability. The amendments
specifically direct courts to instead construe the law in favor of “broad coverage of individuals under the ADA.”
Congress Tells the Courts How to Interpret the ADA
For example, in the Murphy case, Murphy had severe high blood pressure, but with medication, could function normally and engage in a full range of activities. Before the ADAAA, the law did not consider him to be disabled under the ADA because the use of medication controlled the effects of his high blood pressure. Murphy was prevented from pursuing an ADA claim after UPS found him unfit for his driver position because of his high blood pressure. The ADAAA now mandates that in determining whether an individual is disabled under the ADA, the person must be evaluated as if untreated, without considering the ameliorative effects of high blood pressure medication.
As a result of this change, the ADA will protect people whose cancer is in remission, whose diabetes is controlled by medication, whose seizures are prevented by medication, and who can function at a high level with learning disabilities. Employers will need to concentrate less on the threshold issue of disability, and focus more on their duty to provide reasonable accommodations. The ADAAA makes an exception for those who wear ordinary eyeglasses or contact lenses to correct vision to full acuity. These devices are not to be ignored in considering whether a person is disabled. Rather, they are to be taken into account, in all but rare cases. The purpose is to exclude from the definition of disability persons who simply need ordinary glasses to read, drive, etc.
The Scope of “Regarded as” Claims Has Been Both Clarified and Broadened
The ADAAA further expands the ADA’s definition of disability, specifically the “regarded as” prong of that definition, by now including persons that have been discriminated against because of an actual impairment or a perceived impairment “whether or not the impairment limits or is perceived to limit a major life activity.” This is in stark contrast to the previous requirement expressed in the U.S. Supreme Court’s opinion in Sutton that the perceived impairment must, like any actual impairment, substantially limit a major life activity. If a person is treated adversely (in regard to job application procedures, hiring, advancement, discharge, compensation, job training, and other terms, conditions, and privileges of employment) because of an actual perceived impairment, that is a violation of the law, irrespective of whether the impairment actually limits or is perceived to limit a major life activity. However, the ADAAA excludes from the “regarded as” definition of disability those impairments that are transitory and minor. Transitory is defined as impairment with an actual or expected duration of 6 months or less.”
The ADAAA, however, limits the application of the ADA by clarifying that an employer’s duty to accommodate does not extend to those individuals who make discrimination claims under the “regarded as” prong of the definition of disability. Before the ADAAA, there was a split among the federal courts as to whether the ADA’s reasonable accommodation requirement applied to the “regarded as” category of disabled individuals. The ADAAA makes clear that employers have no duty to accommodate these individuals.
In short, the ADAAA clearly prohibits adverse employment actions based on myths, fears and stereotypes when the person being discriminated against may not actually have impairment, but is simply perceived to have one. As it is logically inconsistent to require reasonable accommodation of a misperceived impairment, the ADAAA clarifies that employers need not engage in the reasonable accommodation process with persons regarded as impaired, who are not actually impaired.
The ADAAA Clarifies Other Aspects of the Definition of Disability
To further the goal of broadening the definition of disability, the ADAAA adopts several other provisions to guide the interpretation of the term disability. These include:
The ADAAA specifically adds a nonexclusive list of examples of major life activities to the language of the statute, and, in addition to the activities recognized in the regulations promulgated by the Equal Employment Opportunity Commission (EEOC), it adds the following: eating, sleeping, bending, reading, concentrating, thinking, and communicating.
The ADA is also amended to now include a listing of examples of major bodily functions, which are considered major life activities. The ADAAA specifically rejects the restrictive interpretation of major life activity used by the U.S. Supreme Court in Toyota Motor Manufacturing, Kentucky, Inc. v.Williams, 534 U.S. 184 (2002).
The ADAAA specifically includes as disabled those persons who have an impairment that is episodic or in remission, if the impairment would substantially limit a major life activity when active.
The ADAAA rejects the definition of “substantially limits” in the • Toyota case, and in EEOC regulations that define “substantially limits” as “significantly restricted,” and directs the agency to revise its regulations to be consistent with the amendment’s goal of broadening the class of persons covered by the ADA. However, unlike some initial proposals regarding the amendments and at least two current state laws, the ADA does not apply to persons who are simply “limited” due to a major life activity.
There Is No Reverse Discrimination Under the ADA
The ADAAA states that there can be no claim of “reverse discrimination” under the ADA. Specifically, the ADAAA states that the ADA does not provide for a claim that an “individual was subject to discrimination because of the individual’s lack of disability.” “Reverse discrimination” claims have arisen in the context of an employer providing reasonable accommodation. This means that non-disabled persons cannot claim discrimination because they were treated less favorably or were not given the same accommodations.
Practical Steps for Employers
The ADAAA will be effective January 1, 2009. Overall, this law will not require major changes by most employers, but some practical steps for employers to take are listed below.
Employers should:
1. Review their policies to make sure any definitions they use track the new law. Any handbook changes made should be communicated clearly to all employees. Most of the changes made in the amendments are legal clarifications of points that had been sources of controversy among lawyers, so it is unlikely that employers will need any major rewrites of policies.
2. Make sure that those in the organization who make decisions about accommodations, and human resources executives in particular, receive training to educate them about the changes in the ADA. These individuals need to understand the implications of the change in the definition of disability, and they should be highly aware of the “regarded as disabled” source of liability, so they avoid behaviors that might fall into this category.
3. Train persons in the company or organization who will be involved in the interactive discussions with employees potentially covered by the ADA. Those persons need to understand the comparative ease under which many additional people may now be covered by the law. They also need to know more about reasonable accommodations as many additional employees and applicants will have to be accommodated due to the amendments.
3. Expect more lawsuits to be filed. The ADAAA makes it easier for applicants and employees to make claims of disability discrimination. The defense of these suits will be more difficult, as the more expansive construction of the meaning of disabled will limit some frequently used defenses available to employers.
4. Discuss the effects of these legal changes with legal departments and/or outside counsel. Through early discussion, inadvertent problems can be avoided. Time is of the essence as these amendments become effective January 1, 2009.
Stated simply, planning avoids lawsuits.
Monday, October 13, 2008
Free Form I-9 Tutorial!
With immigration law heating up, it is imperative that businesses small and large alike understand their responsibilities. This video tutorial gives an overview of the history, proper completion, storage, and destruction regulations, of the Form I-9.
Tuesday, October 7, 2008
Sexual Harassment Investigation Quiz
I presented to a group a while back and used some scenarios to prompt discussion about best practices in dealing with Sexual Harassment complaints. The result was a very fun and engaging conversation.
Many people from the group asked for a copy of the quiz to use in their trainings. Here is just one of the scenarios with the discussion points.
The “He Said-She Said” Sexual Harassment Scenario
Jane works for Bob. After successfully completing a project, Bob tells Jane he will treat her to lunch. The next day, Jane sends an email to Bob's supervisor: “Yesterday, Bob asked me to go to lunch with him. I was not sure that was right, but he’s my boss. At lunch, he propositioned me. I want something done about this.”
The supervisor knows Bob to be a dedicated family man. He does not know Jane very well, but has no reason to believe she is a liar. He calls Bob, and tells him what Jane said. Bob is outraged, and denies everything. The supervisor then calls Jane and tells her that Bob denies the accusation. He asks if there were any witnesses. Jane says there weren’t, but swears that what she said is true.
Faced with a “he said-she said situation", the supervisor puts a memo in their files, and tells them both to act responsibly, and avoid any future situations that might cause problems.
Was Bob’s supervisor correct in conducting the investigation?
YES NO
The story states that the supervisor knows bob well but does not know Jane very well. It is always best to have someone who is unbiased conduct the investigation. He should have either went to the HR department or (if no HR) hired an outside consultant to investigate.
Did Bob handle the investigation properly by only speaking to Bob and Jane?
YES NO
Even though the story states that there were no witnesses to this particular incident it is always a good idea to conduct interviews with various people who have contact with the people involved. This may just be a symptom of a chronic problem that needs to be addressed.
Since the case turned out to be a “he said-she said” and no harassment was proven, was the supervisor correct in only documenting the claim and results of the investigation?
YES NO
Both parties are clearly uncomfortable at this point. In order to avoid retaliation against Jane or further issues, I would try to move Jane under a different supervisor or into a different department….Although, one would have to be very careful that Jane was onboard with the move and would not be losing anything as it could be construed as retaliation if she viewed it as a demotion of any sort.
Remember that these are just the best answers in my opinion and should not be looked at as legal advice as I am not a lawyer. I designed this quiz to create conversation around best practices…not really to be a step-by-step guide. Every situation is different and you should always consult with an HR professional or an attorney on a case-by-case situation.
If you run into this type of situation or want to conduct a preventative training, People Wise can help. www.pwhrm.com
Many people from the group asked for a copy of the quiz to use in their trainings. Here is just one of the scenarios with the discussion points.
The “He Said-She Said” Sexual Harassment Scenario
Jane works for Bob. After successfully completing a project, Bob tells Jane he will treat her to lunch. The next day, Jane sends an email to Bob's supervisor: “Yesterday, Bob asked me to go to lunch with him. I was not sure that was right, but he’s my boss. At lunch, he propositioned me. I want something done about this.”
The supervisor knows Bob to be a dedicated family man. He does not know Jane very well, but has no reason to believe she is a liar. He calls Bob, and tells him what Jane said. Bob is outraged, and denies everything. The supervisor then calls Jane and tells her that Bob denies the accusation. He asks if there were any witnesses. Jane says there weren’t, but swears that what she said is true.
Faced with a “he said-she said situation", the supervisor puts a memo in their files, and tells them both to act responsibly, and avoid any future situations that might cause problems.
Was Bob’s supervisor correct in conducting the investigation?
YES NO
The story states that the supervisor knows bob well but does not know Jane very well. It is always best to have someone who is unbiased conduct the investigation. He should have either went to the HR department or (if no HR) hired an outside consultant to investigate.
Did Bob handle the investigation properly by only speaking to Bob and Jane?
YES NO
Even though the story states that there were no witnesses to this particular incident it is always a good idea to conduct interviews with various people who have contact with the people involved. This may just be a symptom of a chronic problem that needs to be addressed.
Since the case turned out to be a “he said-she said” and no harassment was proven, was the supervisor correct in only documenting the claim and results of the investigation?
YES NO
Both parties are clearly uncomfortable at this point. In order to avoid retaliation against Jane or further issues, I would try to move Jane under a different supervisor or into a different department….Although, one would have to be very careful that Jane was onboard with the move and would not be losing anything as it could be construed as retaliation if she viewed it as a demotion of any sort.
Remember that these are just the best answers in my opinion and should not be looked at as legal advice as I am not a lawyer. I designed this quiz to create conversation around best practices…not really to be a step-by-step guide. Every situation is different and you should always consult with an HR professional or an attorney on a case-by-case situation.
If you run into this type of situation or want to conduct a preventative training, People Wise can help. www.pwhrm.com
Friday, October 3, 2008
Five Quick Hiring Tips
I recently came across an article titled “30 Interview Questions You Can’t Ask and 30 Sneaky, Legal Alternatives to Get the Same Info” on HR World, which caused quite a stir. Check out the article and the comments at http://www.hrworld.com/features/30-interview-questions-111507/.
Why all the outrage in the HR community? The article, although filled with good information, was presented as a way to use legal questions in order to try to trick the applicant into revealing information that we can only assume would allow the interviewer to make a hiring decision based on discriminatory criteria.
The bottom line is this, the EEOC does not mandate what questions can be asked in an interview. The interview (and its questions) is not the issue; it is what criteria you use to make the hiring decision that matters. You should hire the most qualified person for the position using only criteria that makes sound business sense for the position in which you are hiring.
Here are five quick tips to keep your hiring legal and to get the right person for the job.
1. Take the time to create a detailed job description. This should include the physical requirements for the job, the hours and travel needs, the required skills, experience, and education needed to perform that job, and the personal attributes that are aligned with the business’s desired value and culture (to ensure organizational fit).
2. Use the job description to create a structured interview. A structured interview simply means one in which every applicant is asked the same questions. This is a best practice because it ensures consistency which can help to keep the interviewer on the right track, and gives you consistent criteria to compare in order to make the best decision in the end.
3. Take notes. These notes should be kept for one year. If you are ever questioned about a hiring decision it is imperative that you are able to look back at the notes from every candidate for that position to show why you made the decision that you made, again, based on business need. One word of caution – only write notes that have to do with the business criteria. Do not jot down things that could be construed as discriminatory such as; has three kids, will be ready for retirement in three years, overweight, etc.
4. Don’t go it alone. Always have more than one interviewer present during an interview. This will not only protect you in a he-said/she-said situation but can also negate the affects of stereotyping or hiring from your gut. The other person will help to balance you out by giving you another perspective.
5. Don’t stereotype. Everyone does it to some extent or another but in an employment decision it can get you in trouble and will not yield you the best employee for the job in the end.
Here’s an example: you are hiring an account supervisor who needs to be available to travel with very little notice. You interview Sue who mentions her six kids during idle chit-chat with the receptionist and you overhear. Next, you interview Bob who is a 20 something bachelor. You assume that Sue might have a hard time picking up at the drop of a hat where Bob will be available whenever you need him. However, the reality is that Sue’s husband is a stay-at-home dad and Bob is responsible for his elderly mother and can not travel overnight.
If a job has a particular requirement such as travel, heavy lifting, long hours, physically challenging environments, or whatever. Make them clear during the interview and ask (every applicant) if they can meet that requirement. When they answer, take them at face value.
Remember, interviewing is not easy. Even the most seasoned of HR professionals makes a bad hiring decision from time to time. However, by taking a systematic approach and using tools such as the job description, structured interview questions, pre-employment tests, and background and reference checks you can increase your chances of a good hire by up to 80%.
People Wise is here to help. Check out these tools and more on our website at http://www.pwhrm.com/.
Why all the outrage in the HR community? The article, although filled with good information, was presented as a way to use legal questions in order to try to trick the applicant into revealing information that we can only assume would allow the interviewer to make a hiring decision based on discriminatory criteria.
The bottom line is this, the EEOC does not mandate what questions can be asked in an interview. The interview (and its questions) is not the issue; it is what criteria you use to make the hiring decision that matters. You should hire the most qualified person for the position using only criteria that makes sound business sense for the position in which you are hiring.
Here are five quick tips to keep your hiring legal and to get the right person for the job.
1. Take the time to create a detailed job description. This should include the physical requirements for the job, the hours and travel needs, the required skills, experience, and education needed to perform that job, and the personal attributes that are aligned with the business’s desired value and culture (to ensure organizational fit).
2. Use the job description to create a structured interview. A structured interview simply means one in which every applicant is asked the same questions. This is a best practice because it ensures consistency which can help to keep the interviewer on the right track, and gives you consistent criteria to compare in order to make the best decision in the end.
3. Take notes. These notes should be kept for one year. If you are ever questioned about a hiring decision it is imperative that you are able to look back at the notes from every candidate for that position to show why you made the decision that you made, again, based on business need. One word of caution – only write notes that have to do with the business criteria. Do not jot down things that could be construed as discriminatory such as; has three kids, will be ready for retirement in three years, overweight, etc.
4. Don’t go it alone. Always have more than one interviewer present during an interview. This will not only protect you in a he-said/she-said situation but can also negate the affects of stereotyping or hiring from your gut. The other person will help to balance you out by giving you another perspective.
5. Don’t stereotype. Everyone does it to some extent or another but in an employment decision it can get you in trouble and will not yield you the best employee for the job in the end.
Here’s an example: you are hiring an account supervisor who needs to be available to travel with very little notice. You interview Sue who mentions her six kids during idle chit-chat with the receptionist and you overhear. Next, you interview Bob who is a 20 something bachelor. You assume that Sue might have a hard time picking up at the drop of a hat where Bob will be available whenever you need him. However, the reality is that Sue’s husband is a stay-at-home dad and Bob is responsible for his elderly mother and can not travel overnight.
If a job has a particular requirement such as travel, heavy lifting, long hours, physically challenging environments, or whatever. Make them clear during the interview and ask (every applicant) if they can meet that requirement. When they answer, take them at face value.
Remember, interviewing is not easy. Even the most seasoned of HR professionals makes a bad hiring decision from time to time. However, by taking a systematic approach and using tools such as the job description, structured interview questions, pre-employment tests, and background and reference checks you can increase your chances of a good hire by up to 80%.
People Wise is here to help. Check out these tools and more on our website at http://www.pwhrm.com/.
Monday, September 22, 2008
Employee Wellness on a Shoestring.
Top companies realize the affects of employee wellness on their bottom line. This is evident by the billions of dollars spent on wellness initiatives by larger corporations every year.
Think you can’t start a wellness program for your small business? Think again. There are literally hundreds of ways to work on wellness at any budget. Here are just a few ideas to help you get started.
Spark People – SparkPeople’s mission is to SPARK millions of PEOPLE to reach their goals and lead healthier lives. They offer nutrition, health, and fitness tools, support, and resources that are 100% free! On their site a company can start a “Spark Team” where employees become members. They earn points by reading articles and meeting the health goals that they define for themselves. A small business could easily create some excitement about a program such as this by offering a small prize to employees who earn a certain number of points. Check them out at www.sparkpeople.com.
Purchase health and wellness magazines to leave in the break room.
WELCOA.org is another great place to start. They offer numerous resources to get a wellness program started. My favorite is an eight-page monthly publication that costs as little as .29 per issue.
Walk or Build for Charity – This will not only improve your employee’s health but can also be a great team-builder, marketing event, and will boost employee morale. There are numerous opportunities in every city. Habitat for Humanity is just one. Don’t forget to involve your employee’s family and friends for added work/life balance!!!
United Way 2-1-1 – I have mentioned this before, but what a great resource! You can now offer your employees assistance in all sorts of areas for free by using this resource. In the Kansas City area check out their site at http://www.unitedwaygkc.org.
Think you can’t start a wellness program for your small business? Think again. There are literally hundreds of ways to work on wellness at any budget. Here are just a few ideas to help you get started.
Spark People – SparkPeople’s mission is to SPARK millions of PEOPLE to reach their goals and lead healthier lives. They offer nutrition, health, and fitness tools, support, and resources that are 100% free! On their site a company can start a “Spark Team” where employees become members. They earn points by reading articles and meeting the health goals that they define for themselves. A small business could easily create some excitement about a program such as this by offering a small prize to employees who earn a certain number of points. Check them out at www.sparkpeople.com.
Purchase health and wellness magazines to leave in the break room.
WELCOA.org is another great place to start. They offer numerous resources to get a wellness program started. My favorite is an eight-page monthly publication that costs as little as .29 per issue.
Walk or Build for Charity – This will not only improve your employee’s health but can also be a great team-builder, marketing event, and will boost employee morale. There are numerous opportunities in every city. Habitat for Humanity is just one. Don’t forget to involve your employee’s family and friends for added work/life balance!!!
United Way 2-1-1 – I have mentioned this before, but what a great resource! You can now offer your employees assistance in all sorts of areas for free by using this resource. In the Kansas City area check out their site at http://www.unitedwaygkc.org.
Monday, September 15, 2008
Are your Employees Engaged?
Five years ago, The Gallup Organization began creating a feedback system for employers that would identify and measure elements of worker engagement most tied to the bottom line--things such as sales growth, productivity and customer loyalty.
After hundreds of focus groups and thousands of interviews with employees in a variety of industries, Gallup came up with the Q12, a 12-question survey that identifies strong feelings of employee engagement. Results from the survey show a strong correlation between high scores and superior job performance. Here are those 12 questions:
After hundreds of focus groups and thousands of interviews with employees in a variety of industries, Gallup came up with the Q12, a 12-question survey that identifies strong feelings of employee engagement. Results from the survey show a strong correlation between high scores and superior job performance. Here are those 12 questions:
1. Do you know what is expected of you at work?
2. Do you have the materials and equipment you need to do your work right?
3. At work, do you have the opportunity to do what you do best every day?
4. In the last seven days, have you received recognition or praise for doing good work?
5. Does your supervisor, or someone at work, seem to care about you as a person?
6. Is there someone at work who encourages your development?
7. At work, do your opinions seem to count?
8. Does the mission/purpose of your company make you feel your job is important?
9. Are your associates (fellow employees) committed to doing quality work?
10. Do you have a best friend at work?
11. In the last six months, has someone at work talked to you about your progress?
12. In the last year, have you had opportunities at work to learn and grow?
Reprinted with permission. Copyright 1992-1999 The Gallup Organization, Princeton, NJ. All rights reserved. Gallup and Q12 are registered trademarks of The Gallup Organization.
As a small business owner or manager, you may be asking yourself how to find the time to keep your employees engaged. It is not as difficult as you might think and may be the most important step to improving your bottom-line.
Here are some easy steps to take.
1. Develop job descriptions for each job. Be sure to work with your employees in development.
2. Use these job descriptions as the basis of a performance evaluation system. By scheduling these every six months you will be sure that your employees continue to focus on their top priorities.
3. Hold weekly staff meetings. They do not need to be long, but this is a great way to ensure that everyone stays up-beat and gets regular praise and direction.
Remember, People Wise is here to help. Check out our site at www.pwhrm.com.
Tuesday, September 2, 2008
When does a small business need an employee handbook?
If you have employees, you need an employee handbook.
Improve your existing policies.
Writing an employee handbook is to your employment policies what writing a business plan is to your business. It is the act itself that can help you improve. Let’s face it, as small business owners we are often so busy that we can neglect our employee issues. When this happens our interactions can become an exercise in putting out fires, rather than acting proactively.
By partnering with an expert, whether your attorney or an HR professional to think through policies that will help your business run more effectively, you are taking the first step to becoming an employer of choice.
Stay out of court.
Many times the key to staying out of court is in consistency. Without having clear expectations written down consistency is difficult.
Because some states regard an employee handbook as an employment contract, handbooks can sometimes be a detriment to employers who find themselves in court. However, you can minimize your risk by using precise language and effective disclaimers.
Motivate your employees.
Employees are at their best when they know exactly what you expect of them. You can use your employee handbook as a tool not only to lay down the law of the land, but also to let employees know exactly what they are working towards. Add sections about performance appraisals, raises, and promotions to let your employees know what steps to take to get ahead.
Create excitement.
When hiring someone new an employee manual can be used to communicate your desired culture and make your company appear more professional. Use the first few sections of your handbook to give a history of your company, your mission and values, and add a welcome letter to let them know who your company is. The first day can set the tone for years of great success.
When rolling out a handbook to existing employees, take it as an opportunity to create excitement. Let them know how much you have grown and plan on growing in the future and be sure to let them know how they have contributed to that growth.
Buyer beware.
If you google “Employee Handbook” you will find thousands of sites offering inexpensive handbooks that can be downloaded on the spot. However, when you use somebody else’s handbook are you creating your culture? Find a company that will partner with you in writing your handbook to ensure that it represents your company and not someone else’s.
You can find many great tools to get started on your employee handbook on our website, www.pwhrm.com. There you will find a free sample employee handbook as well as a free quote form.
Improve your existing policies.
Writing an employee handbook is to your employment policies what writing a business plan is to your business. It is the act itself that can help you improve. Let’s face it, as small business owners we are often so busy that we can neglect our employee issues. When this happens our interactions can become an exercise in putting out fires, rather than acting proactively.
By partnering with an expert, whether your attorney or an HR professional to think through policies that will help your business run more effectively, you are taking the first step to becoming an employer of choice.
Stay out of court.
Many times the key to staying out of court is in consistency. Without having clear expectations written down consistency is difficult.
Because some states regard an employee handbook as an employment contract, handbooks can sometimes be a detriment to employers who find themselves in court. However, you can minimize your risk by using precise language and effective disclaimers.
Motivate your employees.
Employees are at their best when they know exactly what you expect of them. You can use your employee handbook as a tool not only to lay down the law of the land, but also to let employees know exactly what they are working towards. Add sections about performance appraisals, raises, and promotions to let your employees know what steps to take to get ahead.
Create excitement.
When hiring someone new an employee manual can be used to communicate your desired culture and make your company appear more professional. Use the first few sections of your handbook to give a history of your company, your mission and values, and add a welcome letter to let them know who your company is. The first day can set the tone for years of great success.
When rolling out a handbook to existing employees, take it as an opportunity to create excitement. Let them know how much you have grown and plan on growing in the future and be sure to let them know how they have contributed to that growth.
Buyer beware.
If you google “Employee Handbook” you will find thousands of sites offering inexpensive handbooks that can be downloaded on the spot. However, when you use somebody else’s handbook are you creating your culture? Find a company that will partner with you in writing your handbook to ensure that it represents your company and not someone else’s.
You can find many great tools to get started on your employee handbook on our website, www.pwhrm.com. There you will find a free sample employee handbook as well as a free quote form.
Friday, August 29, 2008
Question: Can I hold a final paycheck until company property is returned?
It is unlawful to hold any part of a final paycheck in both Missouri and Kansas in most cases. If your employee worked in a state other than Missouri or Kansas check that state’s regs (as well as local regs).
I have many clients who claim that they will deduct monies from final paychecks for things such as cell phones, paid tuition reimbursement under certain circumstances, paid training, etc. However, an employer is not permitted to make these deductions from the final paycheck.
If as an employer, you believe that an employee owes you money for broken or unreturned equipment or any other reason; you must file a claim through the courts to have this money paid.
In addition, laws regulate when a final paycheck must be given to the employee. Here they are for Kansas & Missouri.
Kansas
If employee is fired: next scheduled payday.
If employee quits: next scheduled payday. (Kan. Stat. Ann. § 44-315.)
Missouri
If employee is fired: immediately. (Mo. Ann. Stat. § 290.110.)
I have many clients who claim that they will deduct monies from final paychecks for things such as cell phones, paid tuition reimbursement under certain circumstances, paid training, etc. However, an employer is not permitted to make these deductions from the final paycheck.
If as an employer, you believe that an employee owes you money for broken or unreturned equipment or any other reason; you must file a claim through the courts to have this money paid.
In addition, laws regulate when a final paycheck must be given to the employee. Here they are for Kansas & Missouri.
Kansas
If employee is fired: next scheduled payday.
If employee quits: next scheduled payday. (Kan. Stat. Ann. § 44-315.)
Missouri
If employee is fired: immediately. (Mo. Ann. Stat. § 290.110.)
Thursday, August 28, 2008
Three Conflict Resolution Mistakes
The top three mistakes managers make in dealing with conflict in the workplace.
1. Ignoring the problem
Conflict is a natural and necessary aspect of professional and personal relationships. It is inevitable and, if handled properly, an important part of business and personal growth. As a manager or business owner you may think that you do not have time to deal with every little “spat” in your workplace. However, if you choose to ignore conflicts, you are choosing to ignore an opportunity to make your business better and stronger.
2. Assumptions
You know the old saying about assumptions. Don’t ever assume that you know what others are thinking and feeling. If you go into a dialogue with a resolution already in mind, you are missing the boat. The key is looking at Needs First – Solutions Later.
3. Jumping to compromise
There are two sisters in a kitchen and only one orange. Both of them want the orange. What could they do? Cut the orange in half, you say??
That's what they did. One sister went to the juicer and started to squeeze herself a drink, which turned out too small to satisfy. She then threw out the rind. The other sister, with some difficulty, began to grate the rind of her half of the orange to flavor a cake. She then threw out the juicy pulp. They both had only half an orange when, in effect, they could have had the whole orange.
This simple story illustrates the problem with compromise. The goal of resolving a conflict is NOT to compromise. Compromise is a lose-lose scenario. You are looking for a win-win! The key to finding the win-win is in communication. Get the parties together and have them each explain their needs, everyone might be surprised at what they learn.
Be aware, there is no one quick fix to every conflict. The key is to get everyone talking, openly, honestly, and without fear of retribution. As the manager, it is not up to you to resolve the issue, it is up to you to facilitate the dialogue so that the parties involved reach a solution together.
For more information on conflict resolution check out a free, full-length, preview of our Dialogues series.
1. Ignoring the problem
Conflict is a natural and necessary aspect of professional and personal relationships. It is inevitable and, if handled properly, an important part of business and personal growth. As a manager or business owner you may think that you do not have time to deal with every little “spat” in your workplace. However, if you choose to ignore conflicts, you are choosing to ignore an opportunity to make your business better and stronger.
2. Assumptions
You know the old saying about assumptions. Don’t ever assume that you know what others are thinking and feeling. If you go into a dialogue with a resolution already in mind, you are missing the boat. The key is looking at Needs First – Solutions Later.
3. Jumping to compromise
There are two sisters in a kitchen and only one orange. Both of them want the orange. What could they do? Cut the orange in half, you say??
That's what they did. One sister went to the juicer and started to squeeze herself a drink, which turned out too small to satisfy. She then threw out the rind. The other sister, with some difficulty, began to grate the rind of her half of the orange to flavor a cake. She then threw out the juicy pulp. They both had only half an orange when, in effect, they could have had the whole orange.
This simple story illustrates the problem with compromise. The goal of resolving a conflict is NOT to compromise. Compromise is a lose-lose scenario. You are looking for a win-win! The key to finding the win-win is in communication. Get the parties together and have them each explain their needs, everyone might be surprised at what they learn.
Be aware, there is no one quick fix to every conflict. The key is to get everyone talking, openly, honestly, and without fear of retribution. As the manager, it is not up to you to resolve the issue, it is up to you to facilitate the dialogue so that the parties involved reach a solution together.
For more information on conflict resolution check out a free, full-length, preview of our Dialogues series.
Monday, August 25, 2008
Sex Deemed Major Life Activity Under ADA!!
Under the Americans with Disabilities Act, protected individuals are those who suffer from a significant impairment of a major life activity, or who are regarded as or have a record of suffering from such impairment. The question of what constitutes a major life activity has vexed federal courts. In its Williams v. Toyota Mfg. case, the U.S. Supreme Court said that in most cases, major life activities will not involve work, but rather consist of daily life activities, such as walking, speaking, eating, and the ability to care for oneself. Earlier this month, the District of Columbia Court of Appeals concluded that the ability to have sexual relations is also a major life activity.
In Adams v. Rice, the plaintiff was a State Department employee who sought an overseas posting. The State Department declined to allow her to serve overseas in certain countries because she was a breast cancer survivor, and the Department was concerned about the ability to provide follow-up medical care in developing countries. The plaintiff asserted that she was cancer-free, and sued under the Rehabilitation Act (this law applies to federal employers and contractors, and is interpreted the same as the ADA).
The trial court rejected the plaintiff’s claim, finding that she was not a qualified person with a disability as defined under the law. That court concluded that the plaintiff had no current medical issue, was not regarded as disabled by the State Department, and had no record of an impairment because her cancer surgery and recovery involved only several weeks. The D.C. Circuit reversed, concluding that the plaintiff had a record of an impairment of a major life activity.
In drawing this conclusion, the D.C. Circuit pointed to testimony from the plaintiff describing the impact of the surgery and follow-up care on her libido and sex life. She noted a fear of rejection based upon the surgery, as well as the side effects of anti-estrogen medication used as follow-up treatment. The court had no problem classifying sexual activity as a major life activity, even if the purpose of the activity is not related to reproduction. The fact that the employer had no idea of the plaintiff’s sexual impairment at the time it made its decision is irrelevant to the question of coverage under the law.
The above article originally appeared on the Employment Law Alliance site http://www.employmentlawalliance.com/en/node/2406.
Expanded definitions of coverage under the ADA, makes it more important than ever for employers to consult with employment law specialists prior to making employment decisions that involve workers who may or may not be covered. Although an employee may not come right out and say that they are experiencing problems in the sexual arena, there are so many conditions that can have this effect such as depression (even a mild case), hysterectomy, anxiety, stress, high blood pressure or certain medications just to name a few.
If you are facing a tricky employee discipline or termination, call today for a free consultation. 816-858-7300.
In Adams v. Rice, the plaintiff was a State Department employee who sought an overseas posting. The State Department declined to allow her to serve overseas in certain countries because she was a breast cancer survivor, and the Department was concerned about the ability to provide follow-up medical care in developing countries. The plaintiff asserted that she was cancer-free, and sued under the Rehabilitation Act (this law applies to federal employers and contractors, and is interpreted the same as the ADA).
The trial court rejected the plaintiff’s claim, finding that she was not a qualified person with a disability as defined under the law. That court concluded that the plaintiff had no current medical issue, was not regarded as disabled by the State Department, and had no record of an impairment because her cancer surgery and recovery involved only several weeks. The D.C. Circuit reversed, concluding that the plaintiff had a record of an impairment of a major life activity.
In drawing this conclusion, the D.C. Circuit pointed to testimony from the plaintiff describing the impact of the surgery and follow-up care on her libido and sex life. She noted a fear of rejection based upon the surgery, as well as the side effects of anti-estrogen medication used as follow-up treatment. The court had no problem classifying sexual activity as a major life activity, even if the purpose of the activity is not related to reproduction. The fact that the employer had no idea of the plaintiff’s sexual impairment at the time it made its decision is irrelevant to the question of coverage under the law.
The above article originally appeared on the Employment Law Alliance site http://www.employmentlawalliance.com/en/node/2406.
Expanded definitions of coverage under the ADA, makes it more important than ever for employers to consult with employment law specialists prior to making employment decisions that involve workers who may or may not be covered. Although an employee may not come right out and say that they are experiencing problems in the sexual arena, there are so many conditions that can have this effect such as depression (even a mild case), hysterectomy, anxiety, stress, high blood pressure or certain medications just to name a few.
If you are facing a tricky employee discipline or termination, call today for a free consultation. 816-858-7300.
Thursday, August 21, 2008
A Case Study - Using Assessments to Decrease Turnover!
An engaged workforce is a delight to employers and customers alike, but in a hospital setting, the importance of focused and productive workers takes on heightened significance. Now add a layer to that: The difficult environment of a psychiatric hospital, where continuity of care is crucial.
This case study takes us to just such an environment. Here, a medical hiring board struggled frequently as it tried to fill open positions, most of them forced by firings of unsuitable workers. With so much of its time spent in hiring meetings, less attention went to patient care. At one point, the hospital grappled with a turnover rate of almost 70 percent. Clearly, hiring managers needed to do something differently. The medical board turned to the ProfileXT™ to help identify top performers.
Method
The hospital chose 25 mental health workers for the assessment. Using their own criteria, hiring managers judged 17 as top performers and eight as bottom performers. From these workers they further developed a Job Match Pattern of 75 percent. This meant if new applicants scored 75 or greater on the Job Match Percentage, they were a good fit to the position. Meanwhile, hiring managers gathered turnover rates during a 10-month study period. At the end of the period, the hospital saw turnover drop from 28 percent to 16 percent.
Details
Highlights of the study include:
*Turnover dropped from 47.6 percent in fiscal year 2001 to 22.9 percent in the next fiscal year.
*This large turnover reduction of 52 percent saved more than $300,000.
*Staff spent less time in weekly hiring board meetings and more time on other hospital duties. *Staff efficiency increases saved an estimated $20,000 annually.
*Staff performance and client care improved after new mental health workers came to work under the new selection practices.
*Happily, involuntary termination rates, or firings, dropped 70 percent after the study was launched.
Summary
The Job Match Pattern can help employers identify which applicants are the best fit to the job – a key element to worker engagement everywhere, but even more important in the specialized environment. To discuss this case study or find out more details about how Job Match patterns can help recruit and develop engaged workers, call People Wise for a free report 816-858-7300!
Wednesday, August 20, 2008
U.S. Workers Underpaid??
According to a Gallup Poll, 51% of workers in the U.S. feel that they are underpaid!
The poll found that 51 percent of workers claimed they are underpaid for the work they do, compared with 46 percent of workers who say they are paid about the right amount for the work they do.
Three percent of workers admitted that they think they are overpaid for the work they do.
Among those who earn less than $75,000, 62 percent of respondents said they are underpaid, compared with 38 percent of workers who earn $75,000 or more.
Women (55 percent) were more likely than men (47 percent) to say they are underpaid for the work they do.
Gallup conducted the poll via telephone with 557 full-time and part-time workers.
Source: Gallup Poll.
How is your workforce doing??
If your workforce is less than fully engaged, People Wise (http://www.pwhrm/) can help. It has been shown time and time again that "salary" is not the biggest motivator for most employees. Some of the biggest pushers for employee engagment are clear expectations and goals, an environment of continuous learning, and individual recognition. Many programs that foster these, can be put in place with very little investment.
Solutions such as Online Employee Training, Development of Employee Recognition Programs, Employee Assessments, and Compensation Structure Analysis can be found today on http://www.pwhrm.com/ or by calling 816-858-7300!
The poll found that 51 percent of workers claimed they are underpaid for the work they do, compared with 46 percent of workers who say they are paid about the right amount for the work they do.
Three percent of workers admitted that they think they are overpaid for the work they do.
Among those who earn less than $75,000, 62 percent of respondents said they are underpaid, compared with 38 percent of workers who earn $75,000 or more.
Women (55 percent) were more likely than men (47 percent) to say they are underpaid for the work they do.
Gallup conducted the poll via telephone with 557 full-time and part-time workers.
Source: Gallup Poll.
How is your workforce doing??
If your workforce is less than fully engaged, People Wise (http://www.pwhrm/) can help. It has been shown time and time again that "salary" is not the biggest motivator for most employees. Some of the biggest pushers for employee engagment are clear expectations and goals, an environment of continuous learning, and individual recognition. Many programs that foster these, can be put in place with very little investment.
Solutions such as Online Employee Training, Development of Employee Recognition Programs, Employee Assessments, and Compensation Structure Analysis can be found today on http://www.pwhrm.com/ or by calling 816-858-7300!
Wednesday, August 6, 2008
Communicating across generation gaps.
I have seen an incredible amount of books and articles come across my desk lately about Generation Gaps. Why? This is the first time in history that four generations of workers have been in the workplace at the same time. This should make for an exciting time of diversity that will work to enhance and improve our workplaces. What is getting in the way? Communication, or lack there of.
Each generation "uses a different language," says Paul Storfer, president of HR Technologies, a firm that develops workforce management software. For example, the term "communication skills," might mean formal writing and speaking abilities to an older worker. But it might mean e-mail and instant-messenger savvy to a twentysomething.
Being aware of generational differences can help you anticipate miscommunications and tailor your message for maximum effect — whether you're applying for a job, pitching a new idea to your boss or leading a team.
Of course, a person's age is just one factor shaping the way he or she communicates. Birth year alone doesn't necessarily dictate generational outlook.
"There's not a magic age when you become a member of a generation," Stillman says. A tech-savvy and young-at-heart baby boomer, for example, might fit the Generation X profile, while a conservative Xer could think more like a traditionalist.
But experts say you should keep these general patterns in mind when communicating across generations:
Traditionalists (born 1922-1943)*
The Great Depression and World War II were critical events shaping the mindset of the "Greatest Generation." These workers place a high premium on formality and the top-down chain of command.
A traditionalist, for instance, is more likely to write a memo than shout across the room, and he might be offended by the more direct, immediate approach of Generation X.
Respect is also important. A study by Randstad in 2001 shows that respect is the traditionalists' top psychological need. Younger workers might be accustomed to a flat corporate structure, but they can earn points with these colleagues by using formal titles instead of first names or scheduling a meeting rather than dropping in.
Putting things in historical perspective also can help sell traditionalists on your message, Raines says, because they prefer to make decisions based on what worked in the past.
Baby boomers (born 1943-1960)
"Boomers are people who work to live," says Connie Fuller, co-author of Bridging the Boomer-Xer Gap. Growing up with 80 million peers has made this generation a highly competitive one, and boomers are generally willing to sacrifice for success.
Recognition is important to boomers, according to the Randstad study, and Raines says they favor a personable style of communication that aims to build rapport.
Like the traditionalists, baby boomers tend to favor a top-down approach and value respect. But they also can be credited with reshaping corporate culture with casual dress codes and flexible schedules.
Generation X (born 1960-1980)
A higher divorce rate combined with an increase in working mothers meant many Xers grew up as "latch-key kids," frequently left to their own devices. They saw how much their baby boomer parents gave up for their careers; then they saw many of them laid off in the 1980s recession.
As a result, Xers tend to be skeptical, highly individual workers who value a work/life balance. Most would rather be rewarded with extra time off than a step up the corporate ladder. If they need to work extra hours, they want to know why.
Generation X was shaped by a culture of instant results — from remote controls to the birth of the Internet — so they value efficiency and directness. "When we've wanted information — boom — we've been able to get it," Stillman says. "Expectations are immediate and instantaneous." Older workers can communicate best with Gen Xers by cutting to the chase and avoiding unnecessary meetings.
Millenials or Generation Y (born 1980-2002)
Raised by young boomers and older Xers, the first members of this group are just entering the workforce. "A lot of people are thinking that they're just like Generation Xers, only younger — and they're not," Raines says. Unlike the Xers, millenials are highly collaborative and optimistic. They do, however, share Xers' emphasis on work/life balance and comfort with technology.
They've been taught to "put feelings on the table," Stillman says, and have had significant influence in how their families are run. These youngsters, for instance, make 74% of their families' leisure decisions, according to a study by Stillman and his co-author, Lynne Lancaster.
It will be important to allow them a voice in the office and to present messages from a positive standpoint for these can-do young people, though we'll have to wait and see what effect they have on the corporate scene.
Looking at generational trends is one way to begin anticipating others' preferences and seeing differences on a less personal level.
A baby boomer manager who knows that Generation X tends to value work/life balance, for example, and might be less likely to attribute a worker's resistance to overtime as laziness. The two will be better able to work out a compromise.
"Good business is based on good communication," Raines says. "We oftentimes think we know the one right way to communicate, and in business that just isn't the case."
*These years vary according to different demographic models.
Click here for a full length preview of our Online Training Program, Awesome! A New Generation at Work - Engaging Gen Y
Each generation "uses a different language," says Paul Storfer, president of HR Technologies, a firm that develops workforce management software. For example, the term "communication skills," might mean formal writing and speaking abilities to an older worker. But it might mean e-mail and instant-messenger savvy to a twentysomething.
Being aware of generational differences can help you anticipate miscommunications and tailor your message for maximum effect — whether you're applying for a job, pitching a new idea to your boss or leading a team.
Of course, a person's age is just one factor shaping the way he or she communicates. Birth year alone doesn't necessarily dictate generational outlook.
"There's not a magic age when you become a member of a generation," Stillman says. A tech-savvy and young-at-heart baby boomer, for example, might fit the Generation X profile, while a conservative Xer could think more like a traditionalist.
But experts say you should keep these general patterns in mind when communicating across generations:
Traditionalists (born 1922-1943)*
The Great Depression and World War II were critical events shaping the mindset of the "Greatest Generation." These workers place a high premium on formality and the top-down chain of command.
A traditionalist, for instance, is more likely to write a memo than shout across the room, and he might be offended by the more direct, immediate approach of Generation X.
Respect is also important. A study by Randstad in 2001 shows that respect is the traditionalists' top psychological need. Younger workers might be accustomed to a flat corporate structure, but they can earn points with these colleagues by using formal titles instead of first names or scheduling a meeting rather than dropping in.
Putting things in historical perspective also can help sell traditionalists on your message, Raines says, because they prefer to make decisions based on what worked in the past.
Baby boomers (born 1943-1960)
"Boomers are people who work to live," says Connie Fuller, co-author of Bridging the Boomer-Xer Gap. Growing up with 80 million peers has made this generation a highly competitive one, and boomers are generally willing to sacrifice for success.
Recognition is important to boomers, according to the Randstad study, and Raines says they favor a personable style of communication that aims to build rapport.
Like the traditionalists, baby boomers tend to favor a top-down approach and value respect. But they also can be credited with reshaping corporate culture with casual dress codes and flexible schedules.
Generation X (born 1960-1980)
A higher divorce rate combined with an increase in working mothers meant many Xers grew up as "latch-key kids," frequently left to their own devices. They saw how much their baby boomer parents gave up for their careers; then they saw many of them laid off in the 1980s recession.
As a result, Xers tend to be skeptical, highly individual workers who value a work/life balance. Most would rather be rewarded with extra time off than a step up the corporate ladder. If they need to work extra hours, they want to know why.
Generation X was shaped by a culture of instant results — from remote controls to the birth of the Internet — so they value efficiency and directness. "When we've wanted information — boom — we've been able to get it," Stillman says. "Expectations are immediate and instantaneous." Older workers can communicate best with Gen Xers by cutting to the chase and avoiding unnecessary meetings.
Millenials or Generation Y (born 1980-2002)
Raised by young boomers and older Xers, the first members of this group are just entering the workforce. "A lot of people are thinking that they're just like Generation Xers, only younger — and they're not," Raines says. Unlike the Xers, millenials are highly collaborative and optimistic. They do, however, share Xers' emphasis on work/life balance and comfort with technology.
They've been taught to "put feelings on the table," Stillman says, and have had significant influence in how their families are run. These youngsters, for instance, make 74% of their families' leisure decisions, according to a study by Stillman and his co-author, Lynne Lancaster.
It will be important to allow them a voice in the office and to present messages from a positive standpoint for these can-do young people, though we'll have to wait and see what effect they have on the corporate scene.
Looking at generational trends is one way to begin anticipating others' preferences and seeing differences on a less personal level.
A baby boomer manager who knows that Generation X tends to value work/life balance, for example, and might be less likely to attribute a worker's resistance to overtime as laziness. The two will be better able to work out a compromise.
"Good business is based on good communication," Raines says. "We oftentimes think we know the one right way to communicate, and in business that just isn't the case."
*These years vary according to different demographic models.
Click here for a full length preview of our Online Training Program, Awesome! A New Generation at Work - Engaging Gen Y
Tuesday, August 5, 2008
Gen Y - Success of Bust!
What is happening to the workforce? Where’s the work ethic? Doesn’t any body want to work? If you are like most business leaders and owners I work with, you've no doubt noticed a trend in the way the “younger” employees have been behaving in recent years. Most likely, you consider it a negative trend; too much entitlement, not enough loyalty, no work ethic, only interested in them self, and not willing to make a sacrifice.
Unless you live in total isolation, you have heard of and recognize this segment of the workforce is known as Generation Y. Bottom line, this group has been in the workforce long enough to understand, and have key priorities identified. Research by numerous groups and individuals has resulted in a consistent top three things this segment is looking for from an employer; a positive environment, interesting work, and probably the most important: the opportunity for continuous learning.
Considering the cost of turnover -- which is dependent on the source and position being filled, three months wages to 200% of an annual salary; ouch -- there are retention strategies that make sense. As a Human Resource Management and Organizational Behavior Consultant, I tell you, give them what they want!
Before you shoot me or discredit my perspective, consider the options and return on investment.
Positive Environment – How is this achieved? Clearly defined duties, candid and timely feedback documented in a formal evaluation or appraisal process, recognition, and reward for their efforts. The cost associated with these items is far less that three months wages.
Interesting Work – This is perhaps the most difficult of the three considerations to address. Making of widgets falls slightly short of rocket science or 3-D computer programming. However, if the right person is selected using job fit job match and professionally developed assessment, success is achievable. Also, employee retention and productivity will be the result when the other considerations are achieved.
Continuous Learning – Creating an opportunity for continuous learning through training and development programs has more potential today than at any time in the past. Online training programs are affordable and offer quality content in a wide variety of topics. Taking advantage of this type of resource is also an excellent risk mitigation strategy. Due diligence and good faith efforts in such areas as harassment prevention and diversity carry validity or recognition by various government and state agencies.
Reducing turnover by 20% or a couple employees per year, along with increased productivity from tenure and experience will add significantly to the company’s customer satisfaction, success, and profits. Consider the adage; you have to spend money to make money. Invest in your most valuable asset, your human capital, and watch the returns.
Kevin Robinson is the President and Senior Consultant for People Wise, a Kansas City based Human Resource Management Consulting and Solutions Firm. In addition, Kevin is an instructor of Graduate and Undergraduate courses in Human Resource Management,
Unless you live in total isolation, you have heard of and recognize this segment of the workforce is known as Generation Y. Bottom line, this group has been in the workforce long enough to understand, and have key priorities identified. Research by numerous groups and individuals has resulted in a consistent top three things this segment is looking for from an employer; a positive environment, interesting work, and probably the most important: the opportunity for continuous learning.
Considering the cost of turnover -- which is dependent on the source and position being filled, three months wages to 200% of an annual salary; ouch -- there are retention strategies that make sense. As a Human Resource Management and Organizational Behavior Consultant, I tell you, give them what they want!
Before you shoot me or discredit my perspective, consider the options and return on investment.
Positive Environment – How is this achieved? Clearly defined duties, candid and timely feedback documented in a formal evaluation or appraisal process, recognition, and reward for their efforts. The cost associated with these items is far less that three months wages.
Interesting Work – This is perhaps the most difficult of the three considerations to address. Making of widgets falls slightly short of rocket science or 3-D computer programming. However, if the right person is selected using job fit job match and professionally developed assessment, success is achievable. Also, employee retention and productivity will be the result when the other considerations are achieved.
Continuous Learning – Creating an opportunity for continuous learning through training and development programs has more potential today than at any time in the past. Online training programs are affordable and offer quality content in a wide variety of topics. Taking advantage of this type of resource is also an excellent risk mitigation strategy. Due diligence and good faith efforts in such areas as harassment prevention and diversity carry validity or recognition by various government and state agencies.
Reducing turnover by 20% or a couple employees per year, along with increased productivity from tenure and experience will add significantly to the company’s customer satisfaction, success, and profits. Consider the adage; you have to spend money to make money. Invest in your most valuable asset, your human capital, and watch the returns.
Kevin Robinson is the President and Senior Consultant for People Wise, a Kansas City based Human Resource Management Consulting and Solutions Firm. In addition, Kevin is an instructor of Graduate and Undergraduate courses in Human Resource Management,
Wednesday, July 23, 2008
7 Deadly Sins of Superviors
Document Author: Rick Lynch, VMSystems
Snap Judgment Selection of Employees:
Supervisors often goof at the beginning. Poor worker selection may mean years of worker unhappiness and conflict with fellow workers and supervisors. If the supervisor does a poor job of sizing up the applicant, then a misfit is as likely as not to occur.
Letting the Job Grow Out of Control
Careless supervisors plus particularly ambitious or lazy workers can shape jobs carelessly. New duties are assigned to the worker who has the capability or the time to squeeze the work in. Lazy workers tend to shrug off unpleasant, demanding or boring duties. Ambitious workers sometimes gobble up all the duties in sight - without regard to whether they are wasting their high-level skills carrying a gold-brick. Good supervision requires good job design.
Failure to Make Assignments Clear
Vague instructions are bad. Supervisors should make specific, detailed assignments and then give subordinates the authority needed to accomplish them. A worker can't do a job without adequate authority. Divided responsibility results in misunderstanding conflict and low productivity
Being a Boss Rather than a Leader
"When I give an order around here, I want it obeyed!" Everybody knows the type. The easy way for a supervisor is to know it all and brook no interference. It's much easier to handle problems if one doesn't have to consider alternative solutions and possible disadvantages.
Indifference toward Discipline and Recognition
Nothing makes subordinates more indifferent toward discipline and achievement than the supervisor who couldn't care less. High morale and high productivity are engendered by the supervisor who demands good quality work and recognizes and regards achievement. The important thing is that recognition is given and more significant achievements are openly acknowledged.
Too Busy to Train
The supervisor who is too busy getting out production to take the time to train subordinates adequately isn't doing a good job. This kind of supervisor is the fellow who can never be away from their own job. More often than not, proper employee training would make it easier to reach production goals.
Playing Everything Close to the Chest
Perhaps worst of all is the supervisor who keeps to all to themselves. They neglect to pass the work. Nobody knows where they stand. Instructions from this person are curt and incomplete. Questions are frowned on or rejected. This kind of supervisor typically keeps their own bosses in the dark, too. Turnover, overloads, slowdowns, and other problems occur unexpectedly.
How do you fix these problems or prevent them from happening in the first place?
Train, Train, Train!! http://www.pwhrm.com/
Snap Judgment Selection of Employees:
Supervisors often goof at the beginning. Poor worker selection may mean years of worker unhappiness and conflict with fellow workers and supervisors. If the supervisor does a poor job of sizing up the applicant, then a misfit is as likely as not to occur.
Letting the Job Grow Out of Control
Careless supervisors plus particularly ambitious or lazy workers can shape jobs carelessly. New duties are assigned to the worker who has the capability or the time to squeeze the work in. Lazy workers tend to shrug off unpleasant, demanding or boring duties. Ambitious workers sometimes gobble up all the duties in sight - without regard to whether they are wasting their high-level skills carrying a gold-brick. Good supervision requires good job design.
Failure to Make Assignments Clear
Vague instructions are bad. Supervisors should make specific, detailed assignments and then give subordinates the authority needed to accomplish them. A worker can't do a job without adequate authority. Divided responsibility results in misunderstanding conflict and low productivity
Being a Boss Rather than a Leader
"When I give an order around here, I want it obeyed!" Everybody knows the type. The easy way for a supervisor is to know it all and brook no interference. It's much easier to handle problems if one doesn't have to consider alternative solutions and possible disadvantages.
Indifference toward Discipline and Recognition
Nothing makes subordinates more indifferent toward discipline and achievement than the supervisor who couldn't care less. High morale and high productivity are engendered by the supervisor who demands good quality work and recognizes and regards achievement. The important thing is that recognition is given and more significant achievements are openly acknowledged.
Too Busy to Train
The supervisor who is too busy getting out production to take the time to train subordinates adequately isn't doing a good job. This kind of supervisor is the fellow who can never be away from their own job. More often than not, proper employee training would make it easier to reach production goals.
Playing Everything Close to the Chest
Perhaps worst of all is the supervisor who keeps to all to themselves. They neglect to pass the work. Nobody knows where they stand. Instructions from this person are curt and incomplete. Questions are frowned on or rejected. This kind of supervisor typically keeps their own bosses in the dark, too. Turnover, overloads, slowdowns, and other problems occur unexpectedly.
How do you fix these problems or prevent them from happening in the first place?
Train, Train, Train!! http://www.pwhrm.com/
Thursday, July 17, 2008
7 Tips for Raising the Productivity of your Team
Top consultant Susan M. Heathfield, who serves as HR expert for the website About.com, suggests the following seven ways in which you can encourage positive, powerful self-expectations in the employees on your team.
1. Provide increasingly challenging assignments for your team members. (Make sure employees succeed at each level before moving forward.)
2. Enable each team member to participate in potentially successful projects that bring continuous improvement to the workplace.
3. Provide one-on-one coaching for your team members. (This coaching should emphasize improving what the employee does well rather than focusing on weaknesses.)
4. Provide developmental opportunities that reflect what the employee is interested in learning about.
5. Assign successful senior employees to play a developmental mentoring role with team members.
6. Hold frequent, positive verbal interactions with team members, and communicate consistently your firm belief in each employee's ability to perform the job. Keep feedback positive and developmental where possible.
7. Make sure team members receive consistent messages from other supervisory personnel. How you speak about employees to others powerfully molds their opinions.
Employee & Leadership Training, Employee Assessments, and Team Building Activities are all great tools for increasing the productivity of you team.
1. Provide increasingly challenging assignments for your team members. (Make sure employees succeed at each level before moving forward.)
2. Enable each team member to participate in potentially successful projects that bring continuous improvement to the workplace.
3. Provide one-on-one coaching for your team members. (This coaching should emphasize improving what the employee does well rather than focusing on weaknesses.)
4. Provide developmental opportunities that reflect what the employee is interested in learning about.
5. Assign successful senior employees to play a developmental mentoring role with team members.
6. Hold frequent, positive verbal interactions with team members, and communicate consistently your firm belief in each employee's ability to perform the job. Keep feedback positive and developmental where possible.
7. Make sure team members receive consistent messages from other supervisory personnel. How you speak about employees to others powerfully molds their opinions.
Employee & Leadership Training, Employee Assessments, and Team Building Activities are all great tools for increasing the productivity of you team.
Wednesday, July 16, 2008
Missouri Legislation E-Verify
E-Verify Legislation
On July 7, 2008, Governor Matt Blunt signed legislation (HB 1549) aimed at curbing illegal immigration in Missouri. Under the new law, employers that knowingly hire or continue to employ unauthorized aliens to perform work in Missouri could face civil liability in state courts and lose their business licenses. (Note: This provision of the new law goes into effect on January 1, 2009). Although this conduct has long been prohibited under federal law, the new state law will allow investigation and enforcement by the Missouri Attorney General and the filing of a civil lawsuit in Missouri state court. The law also requires the following entities to participate in a federal work authorization program (currently known as “E-Verify”):
Any business entity that applies for a contract or grant in excess of $5,000 with the state of Missouri or one of its political subdivisions or applies for a tax credit, tax abatement, or loan from the state of Missouri; and
All public employers.
Although private employers are not required to participate in E-Verify, the law encourages them to do so. Any employer that is enrolled in E-Verify will be afforded an “affirmative defense” to a charge that it has knowingly hired an unauthorized alien.
What is E-Verify?
DHS requires all employers to record new employee data on Form I-9. That involves getting official documents from the employee that prove two things: 1) Their identity...that they are who they say they are, and 2) Their employment eligibility...that they have the right to work in this country. Form I-9 became a requirement when the Immigration Reform and Control Act was passed in 1986. E-Verify is a system that allows employers to know right away that employee Social Security numbers and employment eligibility documents are authentic.
It’s the law: you must verify the employment eligibility of all newly hired employees through proper and timely Form I-9 completion. As illegal immigrant workplace issues heat up, you can bet that the Bureau of Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS) are aggressively checking that businesses are fully compliant.
The responsibility is on you. If you fail to properly complete, retain, or make I-9 Forms available for inspection, fines range from $275 to $11,000 per employee.
How we can help.
Our federally approved system combines paperless Form I-9 completion, storage, and verification using E-verify into one cost-effective solution. The system includes:
Current Employees
Full audit of existing I-9’s
Corrections to ensure legal compliance
Input of existing I-9’s to paperless solution – no more forms to store!
Automatic destruction in accordance to regulations
Tracking and management of document expirations
Secure online access to information and reports
New Hires
Electronic I-9 completion eliminates form errors
Instructions and signatures in English and Spanish ensures compliance
Automatic E-Verify submission upon form I-9 completion
People Wise handles all tentative and no-match notifications
We handle the entire process with you and your employee ensuring that every step is handled in compliance with the law!
Additional Features
Training for up to three administrators
Accessed via Internet – No software required!
No Monthly or Annual Fees!
Request a FREE Demo Today at http://www.pwhrm.com/
On July 7, 2008, Governor Matt Blunt signed legislation (HB 1549) aimed at curbing illegal immigration in Missouri. Under the new law, employers that knowingly hire or continue to employ unauthorized aliens to perform work in Missouri could face civil liability in state courts and lose their business licenses. (Note: This provision of the new law goes into effect on January 1, 2009). Although this conduct has long been prohibited under federal law, the new state law will allow investigation and enforcement by the Missouri Attorney General and the filing of a civil lawsuit in Missouri state court. The law also requires the following entities to participate in a federal work authorization program (currently known as “E-Verify”):
Any business entity that applies for a contract or grant in excess of $5,000 with the state of Missouri or one of its political subdivisions or applies for a tax credit, tax abatement, or loan from the state of Missouri; and
All public employers.
Although private employers are not required to participate in E-Verify, the law encourages them to do so. Any employer that is enrolled in E-Verify will be afforded an “affirmative defense” to a charge that it has knowingly hired an unauthorized alien.
What is E-Verify?
DHS requires all employers to record new employee data on Form I-9. That involves getting official documents from the employee that prove two things: 1) Their identity...that they are who they say they are, and 2) Their employment eligibility...that they have the right to work in this country. Form I-9 became a requirement when the Immigration Reform and Control Act was passed in 1986. E-Verify is a system that allows employers to know right away that employee Social Security numbers and employment eligibility documents are authentic.
It’s the law: you must verify the employment eligibility of all newly hired employees through proper and timely Form I-9 completion. As illegal immigrant workplace issues heat up, you can bet that the Bureau of Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS) are aggressively checking that businesses are fully compliant.
The responsibility is on you. If you fail to properly complete, retain, or make I-9 Forms available for inspection, fines range from $275 to $11,000 per employee.
How we can help.
Our federally approved system combines paperless Form I-9 completion, storage, and verification using E-verify into one cost-effective solution. The system includes:
Current Employees
Full audit of existing I-9’s
Corrections to ensure legal compliance
Input of existing I-9’s to paperless solution – no more forms to store!
Automatic destruction in accordance to regulations
Tracking and management of document expirations
Secure online access to information and reports
New Hires
Electronic I-9 completion eliminates form errors
Instructions and signatures in English and Spanish ensures compliance
Automatic E-Verify submission upon form I-9 completion
People Wise handles all tentative and no-match notifications
We handle the entire process with you and your employee ensuring that every step is handled in compliance with the law!
Additional Features
Training for up to three administrators
Accessed via Internet – No software required!
No Monthly or Annual Fees!
Request a FREE Demo Today at http://www.pwhrm.com/
Thursday, July 3, 2008
What 8 things do employees want?
Hint, money is not on the list...
This article was origianally printed in BLR's weekly newsletter.
Is money the key to retention and productivity? It helps, says the Christian Science Monitor's Marilyn Gardner, but it's not enough. Beyond pay and benefits lie eight key factors that influence "happiness" at work-factors that motivate workers and keep them at your organization. Here's our distillation of Gardner's eight factors, as found on the website, communityinvestmentnetwork.org.
1. Appreciation
Praise heads the list for many workers, and it doesn't cost the employer anything to provide it, says Gardner. A sincere thank you or a short note can mean a great deal.
2. Respect
Again there is no cost and a big payback. Respect plays out in letting people know that their work is appreciated, in treating them like adults, and in being fair in your dealings with them.
3. Trust
Trust is the action side of respect. People need guidance, but they need to know that their boss trusts them to be able to get a job done on their own.
4. Individual Growth
Today's workers-especially the Gen Y group-want training, want to take on new challenges, and want to advance based on their new abilities. Giving a raise without increasing responsibilities could actually backfire, notes Gardner. As one expert says, if you give more money to an unhappy employee, you end up with a wealthier unhappy employee.
5. Good Boss
It's the old saw: People don't leave companies, they leave bosses. In a recent Robert Half survey, Gardner notes that 1,000 Gen Y workers ranked "working with a manager I can respect and learn from" as the most important aspect of their work environment.
6. Compatible Co-workers
Working with people you enjoy is also very important, says Gardner. Spending the day-every day-with people you don't like does not make for a productive workplace.
7. Compatible Culture
Employees want a work environment that fits their needs. That could mean hard-driving, high paying, or it could mean high flexibility and significant attention to work/life balance.
8. A Sense of Purpose
People want to know that they are contributing to something worthwhile. They need to know what the organization's core purpose is and what it is trying to achieve. And then they need to know how their particular job fits into the whole.
One of the interesting things that Gardner discovered about employee "happiness" is that there is a disconnect between what managers think and what employees think about happiness at work.
Managers tend to think that salary and benefits are the main motivators, while workers consistently respond that factors such as those mentioned above are what's important. Successful organizations will find a good balance to retain their best people.
Employee Training, Employee Assessments, and Team Building Activities are all great tools to use to improve employee engagement.
This article was origianally printed in BLR's weekly newsletter.
Is money the key to retention and productivity? It helps, says the Christian Science Monitor's Marilyn Gardner, but it's not enough. Beyond pay and benefits lie eight key factors that influence "happiness" at work-factors that motivate workers and keep them at your organization. Here's our distillation of Gardner's eight factors, as found on the website, communityinvestmentnetwork.org.
1. Appreciation
Praise heads the list for many workers, and it doesn't cost the employer anything to provide it, says Gardner. A sincere thank you or a short note can mean a great deal.
2. Respect
Again there is no cost and a big payback. Respect plays out in letting people know that their work is appreciated, in treating them like adults, and in being fair in your dealings with them.
3. Trust
Trust is the action side of respect. People need guidance, but they need to know that their boss trusts them to be able to get a job done on their own.
4. Individual Growth
Today's workers-especially the Gen Y group-want training, want to take on new challenges, and want to advance based on their new abilities. Giving a raise without increasing responsibilities could actually backfire, notes Gardner. As one expert says, if you give more money to an unhappy employee, you end up with a wealthier unhappy employee.
5. Good Boss
It's the old saw: People don't leave companies, they leave bosses. In a recent Robert Half survey, Gardner notes that 1,000 Gen Y workers ranked "working with a manager I can respect and learn from" as the most important aspect of their work environment.
6. Compatible Co-workers
Working with people you enjoy is also very important, says Gardner. Spending the day-every day-with people you don't like does not make for a productive workplace.
7. Compatible Culture
Employees want a work environment that fits their needs. That could mean hard-driving, high paying, or it could mean high flexibility and significant attention to work/life balance.
8. A Sense of Purpose
People want to know that they are contributing to something worthwhile. They need to know what the organization's core purpose is and what it is trying to achieve. And then they need to know how their particular job fits into the whole.
One of the interesting things that Gardner discovered about employee "happiness" is that there is a disconnect between what managers think and what employees think about happiness at work.
Managers tend to think that salary and benefits are the main motivators, while workers consistently respond that factors such as those mentioned above are what's important. Successful organizations will find a good balance to retain their best people.
Employee Training, Employee Assessments, and Team Building Activities are all great tools to use to improve employee engagement.
Tuesday, July 1, 2008
Boomers Hit 62 in June!
We have been anticipating for years the tidal wave of Baby Boomers who will be hitting the retirement age all at once. That time is here, the first wave of Boomers have just qualified for Social Security. This could be really bad news, however, according to a recent study conducted by the AARP, most of them are not planning on retiring, not completely anyway. They found that most Baby Boomers expect to work at least part-time in their retirement.
According to Charles Wonderlic of the famed employment management and testing firm, Wonderlic, Inc., this is really good news for business. His research shows that you may get the most dedication and retention from senior workers. Here's what he's found:
Dedication. Senior workers are dedicated to the concept of doing a good job. It's an old-fashioned value often not found in younger workers, says Wonderlic.
Motivation. Senior workers actually want to work! Some, of course, simply are after supplementary income, but they also want to get out of the house, to interact with people, and to do something useful.
Satisfaction. Seniors aren't trying to advance up the ladder. They're not gaining experience just to move on to another employer. They're not competing with their co-workers. They are satisfied where they are.
Experience. Seniors can handle a lot. Tough boss? Lazy boss? Annoying aspects to the job? They've seen and heard it all. Whatever it is, they just take it in stride.
Work ethic. Studies show that seniors come to work on time, don't complain, and do their jobs with enthusiasm.
Some people call this collection of characteristics the "Silver Collar." Whatever you call it, you're going to have a good experience with your older workers, says Wonderlic. Of course, you'll have to modify some policies to make allowances for the flexibility that older workers require. Well, just add that to the list of policies that need upgrading, right?
Need help updating your company policies? PeopleWise can help! Call 816-858-7300 today!
According to Charles Wonderlic of the famed employment management and testing firm, Wonderlic, Inc., this is really good news for business. His research shows that you may get the most dedication and retention from senior workers. Here's what he's found:
Dedication. Senior workers are dedicated to the concept of doing a good job. It's an old-fashioned value often not found in younger workers, says Wonderlic.
Motivation. Senior workers actually want to work! Some, of course, simply are after supplementary income, but they also want to get out of the house, to interact with people, and to do something useful.
Satisfaction. Seniors aren't trying to advance up the ladder. They're not gaining experience just to move on to another employer. They're not competing with their co-workers. They are satisfied where they are.
Experience. Seniors can handle a lot. Tough boss? Lazy boss? Annoying aspects to the job? They've seen and heard it all. Whatever it is, they just take it in stride.
Work ethic. Studies show that seniors come to work on time, don't complain, and do their jobs with enthusiasm.
Some people call this collection of characteristics the "Silver Collar." Whatever you call it, you're going to have a good experience with your older workers, says Wonderlic. Of course, you'll have to modify some policies to make allowances for the flexibility that older workers require. Well, just add that to the list of policies that need upgrading, right?
Need help updating your company policies? PeopleWise can help! Call 816-858-7300 today!
Thursday, June 19, 2008
Offer Employees Assistance in KC for FREE!!!
We all know that personal problems affect an employee’s life both at home and at work. When these problems arise, employers are faced with issues such as lost work time, lost productivity, and sometimes, dangerous workplace situations. However, many small to mid-sized companies in the Kansas City area can not afford the expense of an Employee Assistance Program. Now you can offer your employees a free helpline.
United Way 2-1-1 can help. 2-1-1 is an easy-to-remember central phone number connecting people with available community resources. United way 2-1-1 spans a 23-county area around Kansas City and has access to literally thousands of resources.
Turn to United Way 2-1-1 for… Any basic needs, senior care, health, employment, childcare, family assistance, financial assistance, help with utilities, suicide or substance abuse issues, and much more.
If 2-1-1 does not work from your phone, call 816-474-5112. United Way 2-1-1 is also available online at kcunitedway.org.
Have questions??? Call People Wise at 816-858-7300.
United Way 2-1-1 can help. 2-1-1 is an easy-to-remember central phone number connecting people with available community resources. United way 2-1-1 spans a 23-county area around Kansas City and has access to literally thousands of resources.
Turn to United Way 2-1-1 for… Any basic needs, senior care, health, employment, childcare, family assistance, financial assistance, help with utilities, suicide or substance abuse issues, and much more.
If 2-1-1 does not work from your phone, call 816-474-5112. United Way 2-1-1 is also available online at kcunitedway.org.
Have questions??? Call People Wise at 816-858-7300.
Wednesday, June 18, 2008
Five Quick Gen Y Tips...
"To stay competitive in today's marketplace, employers need to understand the characteristics of Generation Y candidates and recruit accordingly," advises Ann E. Zaslow-Rethaber of International Search Consultants (ISC), a leading executive search firm that specializes in the sales and marketing industry on a nationwide as well as international basis.
Generation Y includes those born between 1980 and 2003 and have nearly twice as many members as the earlier generation - Generation X. Here are a few suggestions on how to recruit for this new group of candidates:
• Understand their characteristics - Members of Generation Y are confident, independent, socially conscious and comfortable with technology. They are career driven and when looking for a job, take a different approach then generations before them. Instead of asking themselves what companies are they qualified to work for, they ask themselves what companies they want to work for and go after those.
• Get their attention with a strong recruiting message - since these are tech savvy candidates, recruiting and delivering information in a creative way via the internet is a must. These candidates have no problem being marketed to so be direct and hit home on the strengths of the company and position. Avoid misleading or false messages - straightforward is always best.
• Offer flexibility - while this group in general is self motivated and hardworking, they want to have flexibility on the job. You can attract them to your company by promoting such perks as flexible work schedules, telecommuting options, and casual dress code. Personal fulfillment opportunities rank higher in this group than do monetary rewards or richer benefit plans.
• Tout your company's community involvement - these candidates want to make a difference not only on the job but in the world. Publicize any of your company's efforts to improve the community or world such as participating in the green movement, giving to charities or sponsoring community events, for example.
• Provide ample growth opportunities - because Generation Y members are more loyal to their careers than to their companies, be sure to highlight all opportunities for growth such as training, mentoring, and career advancement. In most cases, as long as they continue to learn and grow within your company, more than likely they will stay put for awhile.
People Wise now offers an affordable http://www.pwhrm.com/training/online.html. For a free demo check out http://www.pwhrm.com/ or call 816.858.7300 today!!
Generation Y includes those born between 1980 and 2003 and have nearly twice as many members as the earlier generation - Generation X. Here are a few suggestions on how to recruit for this new group of candidates:
• Understand their characteristics - Members of Generation Y are confident, independent, socially conscious and comfortable with technology. They are career driven and when looking for a job, take a different approach then generations before them. Instead of asking themselves what companies are they qualified to work for, they ask themselves what companies they want to work for and go after those.
• Get their attention with a strong recruiting message - since these are tech savvy candidates, recruiting and delivering information in a creative way via the internet is a must. These candidates have no problem being marketed to so be direct and hit home on the strengths of the company and position. Avoid misleading or false messages - straightforward is always best.
• Offer flexibility - while this group in general is self motivated and hardworking, they want to have flexibility on the job. You can attract them to your company by promoting such perks as flexible work schedules, telecommuting options, and casual dress code. Personal fulfillment opportunities rank higher in this group than do monetary rewards or richer benefit plans.
• Tout your company's community involvement - these candidates want to make a difference not only on the job but in the world. Publicize any of your company's efforts to improve the community or world such as participating in the green movement, giving to charities or sponsoring community events, for example.
• Provide ample growth opportunities - because Generation Y members are more loyal to their careers than to their companies, be sure to highlight all opportunities for growth such as training, mentoring, and career advancement. In most cases, as long as they continue to learn and grow within your company, more than likely they will stay put for awhile.
People Wise now offers an affordable http://www.pwhrm.com/training/online.html. For a free demo check out http://www.pwhrm.com/ or call 816.858.7300 today!!
Tuesday, June 17, 2008
Ten Commandments to Work by...
I am not really sure where this originated but I really enjoyed these 10 Commandments to Work by. I hope you do to.
1. Thou shalt honor thyself. Your brain can process 100 trillion instructions per second while using the equivalent of just 12 watts of power. Your heart beats 100,000 times per day, carrying your blood some 12,000 miles (19,000 km). You're built to imagine, create, communicate, and love. If you do nothing else today, sit back in awe of yourself.
2. Thou shalt be true to thyself. Only one person has your portfolio of experience, know-how, skills, and style attributes. You're in charge of putting it to work without compromise. If you need inspiration, consider Mother Teresa, Martin Luther King Jr., and Thomas Edison. All of these greats -- and many more -- enriched the world by rejecting conformity and making the most of their differences.
3. Thou shalt speak up. When you have a good idea, share it. When you have a question, ask it. When you need help, say so. When your help is needed, offer it. When you see a scene of disrespect, step forward and set things right. When you envision a better future, put it in spoken word. Your voice needs to be heard.
4. Thou shalt strive to simplify. Whenever people congregate, they tend to overcomplicate. That explains those countless workplace rules, objectives, projects, deadlines, and meetings. It's up to you to challenge the raging routine. Take a fresh look at your schedule, and eliminate every activity that seems important but isn't. An action is either mission-driven or mere motion. Keep the former, ditch the latter.
5. Thou shalt assume the best. Few people wake up and declare: "I'm going to make this a horrible day. I'm going to foul things up and make life miserable for my co-workers." No, most people want good days in which they use their know-how, exercise their creativity, and make a positive contribution. Assume and expect the best...and that's what you'll get.
6. Thou shalt fix processes, not people. It's tempting to blame that missed deadline or fouled-up project on Debbie, Dan, or some other nearby human punching bag. But the fact is, problems almost always occur because of process issues, not people. So cut Debbie and Dan some slack -- and enlist their help in analyzing and improving the flow of activities that make up the process.
7. Thou shalt serve a greater purpose. Henry David Thoreau lived 150 years ago, but his words seem especially relevant in today's Blackberried world: "It is not enough to be busy -- so are the ants. The question is: What are we busy about?" Nor is it enough to have a mission statement that lies forgotten. What's needed is a heartfelt mission that gives meaning to all the work-related busyness. What's yours?
8. Thou shalt be interested. Want to be interesting? Then be interested -- in people, processes, clients, customers, competitors, and more. Open your eyes a bit wider. Be more curious. Seek new challenges. Start more conversations. Make a point of asking questions rather than making statements. Turn your work world, and the larger world, into your own lifelong school.
9. Thou shalt honor time away from work. You're more than an employee. You're more than the sum of your tasks. You're a human being, not a human doing. Treat yourself accordingly by rounding out how you spend your time. Balance your time at work with time at home, outdoors, in the community, and elsewhere. You'll recharge your battery while gaining new insights and perspectives that inform your work.
10. Thou shalt be thine own best manager. Guess who's in charge of you. Hint: It's not your boss, your boss's boss, or anyone else. The sooner you take responsibility for your own happiness and fulfillment, the sooner you'll achieve it.
For information about Employee Training, Stress Management, Conflict Resolution, and Team Building check out People Wise at www.pwhrm.com
1. Thou shalt honor thyself. Your brain can process 100 trillion instructions per second while using the equivalent of just 12 watts of power. Your heart beats 100,000 times per day, carrying your blood some 12,000 miles (19,000 km). You're built to imagine, create, communicate, and love. If you do nothing else today, sit back in awe of yourself.
2. Thou shalt be true to thyself. Only one person has your portfolio of experience, know-how, skills, and style attributes. You're in charge of putting it to work without compromise. If you need inspiration, consider Mother Teresa, Martin Luther King Jr., and Thomas Edison. All of these greats -- and many more -- enriched the world by rejecting conformity and making the most of their differences.
3. Thou shalt speak up. When you have a good idea, share it. When you have a question, ask it. When you need help, say so. When your help is needed, offer it. When you see a scene of disrespect, step forward and set things right. When you envision a better future, put it in spoken word. Your voice needs to be heard.
4. Thou shalt strive to simplify. Whenever people congregate, they tend to overcomplicate. That explains those countless workplace rules, objectives, projects, deadlines, and meetings. It's up to you to challenge the raging routine. Take a fresh look at your schedule, and eliminate every activity that seems important but isn't. An action is either mission-driven or mere motion. Keep the former, ditch the latter.
5. Thou shalt assume the best. Few people wake up and declare: "I'm going to make this a horrible day. I'm going to foul things up and make life miserable for my co-workers." No, most people want good days in which they use their know-how, exercise their creativity, and make a positive contribution. Assume and expect the best...and that's what you'll get.
6. Thou shalt fix processes, not people. It's tempting to blame that missed deadline or fouled-up project on Debbie, Dan, or some other nearby human punching bag. But the fact is, problems almost always occur because of process issues, not people. So cut Debbie and Dan some slack -- and enlist their help in analyzing and improving the flow of activities that make up the process.
7. Thou shalt serve a greater purpose. Henry David Thoreau lived 150 years ago, but his words seem especially relevant in today's Blackberried world: "It is not enough to be busy -- so are the ants. The question is: What are we busy about?" Nor is it enough to have a mission statement that lies forgotten. What's needed is a heartfelt mission that gives meaning to all the work-related busyness. What's yours?
8. Thou shalt be interested. Want to be interesting? Then be interested -- in people, processes, clients, customers, competitors, and more. Open your eyes a bit wider. Be more curious. Seek new challenges. Start more conversations. Make a point of asking questions rather than making statements. Turn your work world, and the larger world, into your own lifelong school.
9. Thou shalt honor time away from work. You're more than an employee. You're more than the sum of your tasks. You're a human being, not a human doing. Treat yourself accordingly by rounding out how you spend your time. Balance your time at work with time at home, outdoors, in the community, and elsewhere. You'll recharge your battery while gaining new insights and perspectives that inform your work.
10. Thou shalt be thine own best manager. Guess who's in charge of you. Hint: It's not your boss, your boss's boss, or anyone else. The sooner you take responsibility for your own happiness and fulfillment, the sooner you'll achieve it.
For information about Employee Training, Stress Management, Conflict Resolution, and Team Building check out People Wise at www.pwhrm.com
Thursday, June 12, 2008
Creating a Positive Work Atmosphere
This post is for Negative Nancy. On an earlier post Nancy asked about keeping her employees positive while she is out of the office. Anonymous had some great advice for her. Here are some more tips.
There are so many reasons to maintain a positive workplace; happy people are more productive, happy people want to stay in your employ reducing your turnover, and customers want to interact with happy people. Surveys show that if your workforce is not happy, your customers won’t be either.
How do you maintain a positive workforce? First, you have to hire positive people (see post, Hire for Attitude Train for Skill). Next, you have to keep those positive people happy by compensating them appropriately and treating them well.
However, even when you have those two essentials down, a busy office can stress-out the best of us from time to time. Here are some helpful tips to maintain that up-beat positive workplace even when things are stressful.
1. Watch your own behavior. As a business owner or manager, it is easy to get tired and overwhelmed. Be sure that you are not the “Negative Nancy” of the office. If you find yourself mumbling "TGIF" or "I hate Mondays", purchase a copy of "Learned Optimism" by Martin Seligman, you will love it. Then pass it on to your employees.
2. Start a Recognition Program that rewards the positive behaviors in your office. Have fun with it. I created such a program for one of my clients which we called “Getting Caught in the ACT”, standing for Achievement, Character, and Teamwork. The idea was to catch someone in the act of doing something good, and than rewarding them. In this program the rewards did not cost more than $25, a small price to pay to make someone feel appreciated. The point is to have fun with it and reward those qualities that make your workplace a great place to be.
3. Do a Culture Walk-Through. Walk into your offices as though you have never been there before…see it through the eyes of a new customer or employee. What do you hear? What do you see? Is their chaos and clutter? Are the pictures on the walls upbeat and motivational? You will be surprised by what you find and how a few small changes could boost morale.
4. Stay upbeat with some tunes. Upbeat music helps to lift spirits. Challenge the staff to develop the "Happiest" of happy music cd’s, a collection of tunes that will keep people smiling and whistling while they work. They will love to hear their creation played in the office.
5. Have an Open Door Policy. You may think that you don’t have the time to listen to every employees concerns, venting, or ideas. But trust me; you don’t have the time not to. If an employee can not talk to you about an issue (and get it resolved) they will be talking to others about it or brooding over it for days. Nip it in the bud, let them vent it directly to you so they can move on to a more productive activity.
Remember, People Wise offers many services to the Kansas City Small Business including Team Builders, Conflict Resolution and Customer Service Training, and help with difficult employee situations. We are here to help www.pwhrm.com
There are so many reasons to maintain a positive workplace; happy people are more productive, happy people want to stay in your employ reducing your turnover, and customers want to interact with happy people. Surveys show that if your workforce is not happy, your customers won’t be either.
How do you maintain a positive workforce? First, you have to hire positive people (see post, Hire for Attitude Train for Skill). Next, you have to keep those positive people happy by compensating them appropriately and treating them well.
However, even when you have those two essentials down, a busy office can stress-out the best of us from time to time. Here are some helpful tips to maintain that up-beat positive workplace even when things are stressful.
1. Watch your own behavior. As a business owner or manager, it is easy to get tired and overwhelmed. Be sure that you are not the “Negative Nancy” of the office. If you find yourself mumbling "TGIF" or "I hate Mondays", purchase a copy of "Learned Optimism" by Martin Seligman, you will love it. Then pass it on to your employees.
2. Start a Recognition Program that rewards the positive behaviors in your office. Have fun with it. I created such a program for one of my clients which we called “Getting Caught in the ACT”, standing for Achievement, Character, and Teamwork. The idea was to catch someone in the act of doing something good, and than rewarding them. In this program the rewards did not cost more than $25, a small price to pay to make someone feel appreciated. The point is to have fun with it and reward those qualities that make your workplace a great place to be.
3. Do a Culture Walk-Through. Walk into your offices as though you have never been there before…see it through the eyes of a new customer or employee. What do you hear? What do you see? Is their chaos and clutter? Are the pictures on the walls upbeat and motivational? You will be surprised by what you find and how a few small changes could boost morale.
4. Stay upbeat with some tunes. Upbeat music helps to lift spirits. Challenge the staff to develop the "Happiest" of happy music cd’s, a collection of tunes that will keep people smiling and whistling while they work. They will love to hear their creation played in the office.
5. Have an Open Door Policy. You may think that you don’t have the time to listen to every employees concerns, venting, or ideas. But trust me; you don’t have the time not to. If an employee can not talk to you about an issue (and get it resolved) they will be talking to others about it or brooding over it for days. Nip it in the bud, let them vent it directly to you so they can move on to a more productive activity.
Remember, People Wise offers many services to the Kansas City Small Business including Team Builders, Conflict Resolution and Customer Service Training, and help with difficult employee situations. We are here to help www.pwhrm.com
Wednesday, June 11, 2008
Another Reason to Read Before You Sign Anything
Fine Print: Beware of sending severance agreements home with fired employees.
The ex-finance chief of a Kansas marketing firm who is serving prison time for embezzlement might still pocket about $75,000 in severance pay, even though she had secretly changed the severance contract.
Laura R. Kreisler pleaded guilty last year to stealing more than $857,000 from Creative Consumer Concepts Inc., or C3, as it’s known in its hometown of Overland Park, Kansas. She was sentenced to seven years in prison.
Case closed? Not really. The embezzlement came to light about a month after she was fired in November 2004 for insubordination. When C3 fired her, the company offered to continue paying her salary for six months. She took the severance contract home and scanned it into her computer and added a provision that would allow her to keep the extra pay even if the firm sued her. Unaware that the contract had been altered, C3’s human resources manager signed it.
But when Kreisler’s thievery was uncovered, C3 cut off the severance pay and wanted back what it already had given her. C3 and Kreisler sued each other. She maintained that just because she changed the contract didn’t mean C3 was off the hook for the money. Recently, a federal judge pointed out that based on Kansas case law, parties to an agreement are generally bound by the contents whether they read it or not.
Having diffuculty with an employee termination? Have an HR Question? We can help. People Wise.
This item originally appeared in Financial Week
The ex-finance chief of a Kansas marketing firm who is serving prison time for embezzlement might still pocket about $75,000 in severance pay, even though she had secretly changed the severance contract.
Laura R. Kreisler pleaded guilty last year to stealing more than $857,000 from Creative Consumer Concepts Inc., or C3, as it’s known in its hometown of Overland Park, Kansas. She was sentenced to seven years in prison.
Case closed? Not really. The embezzlement came to light about a month after she was fired in November 2004 for insubordination. When C3 fired her, the company offered to continue paying her salary for six months. She took the severance contract home and scanned it into her computer and added a provision that would allow her to keep the extra pay even if the firm sued her. Unaware that the contract had been altered, C3’s human resources manager signed it.
But when Kreisler’s thievery was uncovered, C3 cut off the severance pay and wanted back what it already had given her. C3 and Kreisler sued each other. She maintained that just because she changed the contract didn’t mean C3 was off the hook for the money. Recently, a federal judge pointed out that based on Kansas case law, parties to an agreement are generally bound by the contents whether they read it or not.
Having diffuculty with an employee termination? Have an HR Question? We can help. People Wise.
This item originally appeared in Financial Week
Tuesday, June 10, 2008
Ten Employee Training Tips.
Well-trained employees are the key to your small business success. Studies have shown that the most successful, productive employees are those who have received extensive training. They’re the cream of the crop, often having the strongest stake in the company’s future.
In an ideal world, you would be able to hire people who already possess the exact skills your business needs. But in today’s competitive labor market, demand for skilled workers far exceeds supply.
That’s where training comes in. Not only does instruction arm your employees with needed professional or technical skills, but it also shows that you are invested in them and interested in bringing them with you into the company’s future. This helps keep workers motivated and involved.
To successfully launch an employee training program in your own company, follow these 10 helpful tips:
1. Stress training as investment. The reason training is often considered optional at many companies is because it is thought of as an expense rather than an investment. While it’s true that training can be costly up front, it's a long-term investment in the growth and development of your human resources.
2. Determine your needs. As you probably don’t have unlimited time or funds to execute an employee training program, you should decide early on what the focus of your training program should be. Determine what skills are most pertinent to address current or future company needs or ones that will provide the biggest payback. Ask yourself, “How will this training eventually prove beneficial to the company?” Repeat this process as your business needs change.
3. Promote a culture of learning. In today’s fast-paced economy, if a business isn’t learning, it’s going to fall behind. A business learns as its people learn. Communicate your expectations that all employees should take the necessary steps to hone their skills and stay on top of their professions or fields of work. Make sure you support those efforts by providing the resources needed to accomplish this goal.
4. Get management on board. Once you have developed a prioritized list of training topics that address key needs within your company, you need to convince management to rally behind the initiative.
5. Start out small. Before rolling out your training program to the masses, rehearse with a small group of users and gather their feedback. This sort of informal benchmarking exposes weaknesses in your training plans and helps you fine-tune the training process.
6. Choose quality instructors and materials. Who you select to conduct the training will make a major difference in the success of your efforts, whether it’s a professional educator or simply a knowledgeable staff member. Having the right training materials is also important — after the training is over, these materials become valuable resources for trainees.
7. Find the right space. Select a training location that’s conducive to learning. Choose an environment that’s quiet and roomy enough to spread out materials. Make sure the space is equipped with a computer and projector, so you can present a visually stimulating training session.
8. Clarify connections. Some employees may feel that the training they're receiving isn't relevant to their job. It’s important to help them understand the connection early on, so they don’t view the training sessions as a waste of valuable time. Employees should see the training as an important addition to their professional portfolios. Award people with completion certificates at the end of the program.
9. Make it ongoing. Don’t limit training solely to new employees. Organized, ongoing training programs will maintain all employees’ skill levels, and continually motivate them to grow and improve professionally.
10. Measure results. Without measurable results, it’s almost impossible to view training as anything but an expense. Decide how you’re going to obtain an acceptable rate of return on your investment. Determine what kind of growth or other measure is a reasonable result of the training you provide. You’ll have an easier time budgeting funds for future training if you can demonstrate concrete results.
People Wise offers an extensive list of On-site and Online trainings. Check it out at www.pwhrm.com.
In an ideal world, you would be able to hire people who already possess the exact skills your business needs. But in today’s competitive labor market, demand for skilled workers far exceeds supply.
That’s where training comes in. Not only does instruction arm your employees with needed professional or technical skills, but it also shows that you are invested in them and interested in bringing them with you into the company’s future. This helps keep workers motivated and involved.
To successfully launch an employee training program in your own company, follow these 10 helpful tips:
1. Stress training as investment. The reason training is often considered optional at many companies is because it is thought of as an expense rather than an investment. While it’s true that training can be costly up front, it's a long-term investment in the growth and development of your human resources.
2. Determine your needs. As you probably don’t have unlimited time or funds to execute an employee training program, you should decide early on what the focus of your training program should be. Determine what skills are most pertinent to address current or future company needs or ones that will provide the biggest payback. Ask yourself, “How will this training eventually prove beneficial to the company?” Repeat this process as your business needs change.
3. Promote a culture of learning. In today’s fast-paced economy, if a business isn’t learning, it’s going to fall behind. A business learns as its people learn. Communicate your expectations that all employees should take the necessary steps to hone their skills and stay on top of their professions or fields of work. Make sure you support those efforts by providing the resources needed to accomplish this goal.
4. Get management on board. Once you have developed a prioritized list of training topics that address key needs within your company, you need to convince management to rally behind the initiative.
5. Start out small. Before rolling out your training program to the masses, rehearse with a small group of users and gather their feedback. This sort of informal benchmarking exposes weaknesses in your training plans and helps you fine-tune the training process.
6. Choose quality instructors and materials. Who you select to conduct the training will make a major difference in the success of your efforts, whether it’s a professional educator or simply a knowledgeable staff member. Having the right training materials is also important — after the training is over, these materials become valuable resources for trainees.
7. Find the right space. Select a training location that’s conducive to learning. Choose an environment that’s quiet and roomy enough to spread out materials. Make sure the space is equipped with a computer and projector, so you can present a visually stimulating training session.
8. Clarify connections. Some employees may feel that the training they're receiving isn't relevant to their job. It’s important to help them understand the connection early on, so they don’t view the training sessions as a waste of valuable time. Employees should see the training as an important addition to their professional portfolios. Award people with completion certificates at the end of the program.
9. Make it ongoing. Don’t limit training solely to new employees. Organized, ongoing training programs will maintain all employees’ skill levels, and continually motivate them to grow and improve professionally.
10. Measure results. Without measurable results, it’s almost impossible to view training as anything but an expense. Decide how you’re going to obtain an acceptable rate of return on your investment. Determine what kind of growth or other measure is a reasonable result of the training you provide. You’ll have an easier time budgeting funds for future training if you can demonstrate concrete results.
People Wise offers an extensive list of On-site and Online trainings. Check it out at www.pwhrm.com.
Monday, June 9, 2008
6 Common Mistakes That Weaken Documentation
Documentation is the key to defending your Organization against legal suits brought on by former or current employees. However, poor documetation will not only not help your defense but can actually be used against you. Attorney Jonathan Segal, a partner with Wolf Block Schorr and Solis-Cohen in Philadelphia delivered the following remarks on improving documentation at a recent Society for Human Resource Management (SHRM) Conference.
The hardest part of writing a discipline memo is writing the first sentence, so give your supervisors a list of 20 or 30 general openings.
As an example of a first sentence, he suggests, "We expect our employees to report for work without being under the influence of alcohol or drugs." Or "We expect employees to safeguard the employer's property." These starter sentences will get your supervisors rolling and help them to focus on what's job-related.
In his talk, Segal also identified these common mistakes that weaken documentation.
1. Generalities Instead of Specifics: Often, supervisors and managers document general conclusions as opposed to describing specific behaviors. For example, firing for "bad attitude." How might this verbiage play out in a legal setting?
Your employee Susan has filed charges against you, and you arrive at the hearing with hatred in your eyes. But Susan is bright and cheery: "How's everyone doing? Great to see you," she declares loudly. The investigator sees your anger, and the employee's sunny disposition. And you're going to say she was fired for a bad attitude? Good luck with that!
How do you prove a bad attitude? Focus on what specifically happened to show attitude, says Segal. The sequence might go like this:
--"Susan has a bad attitude in that she is disrespectful to other employees."(Drill down.) "She talks down to employees."(Drill down.) "She said to her employee, 'This is so easy that even you, with your limitations, can understand it.'"
2. Using Legal Labels: Train managers not to use legal labels in their documentation. For example, if an employee shows off a Playboy or Playgirl, don't call it "sexual harassment," call it "offensive material of a sexual nature." If discussing a racial slur, it's not "racial harassment" it's a "hateful term of a racial nature."
3. Using 'Proxy Adjectives': Managers often use "proxy adjectives" that suggest bias, Segal says. Charges like "too emotional" or "failing to change" are examples. Better to say, "she didn't prioritize, she wasn't multitasking, and she was yelling."
Another example: An accounting firm managing partner fired his secretary because she was "resistant to change." That sounded like age bias, says Segal, when what she did was simply refuse to use e-mail. That's simple insubordination.
4. Focusing on Intent, Not Outcome: Suppose you have two employees-Matt and Martha-says Segal. Matt loves your organization, but he cares so much that he obsesses over everything, and accomplishes little. Martha couldn't care less, and hates the place, but hits 170 percent of her goal. So you say to Matt, "We lose money on every breath you take, but we like your attitude, so here's your bonus." And you say to Martha, "You don't care, your attitude is bad, no bonus for you." This is focusing on intent as opposed to outcome. And that can lead to a bad outcome for you.
5. Using Absolutes: "Never say never or always," says Segal, as in, for example, "You always miss deadlines." The employee can rely, "Not true, I met a deadline in 2004." Absolutes almost always end up with an untrue statement, your employee's lawyer will argue.
6. Using Too Many Hedges: Segal often sees phrases in warnings such as, "it appears" or "it would seem." These are heard as "you don't know" by the jury, he says. Here's an example: "It would appear that David doesn't know how to use the new computer system." What's the fix? Drill down, says Segal. State that "David made 11 mistakes, and took 2 hours more than anyone else."
Now you can train your supervisors on the art of Progressive Discipline quickly, easily, and affordably with our new on-line trainings for supervisors. No minimum purchases or set-up fees. Visit http://www.pwhrm.com/ today for a free demo!
The hardest part of writing a discipline memo is writing the first sentence, so give your supervisors a list of 20 or 30 general openings.
As an example of a first sentence, he suggests, "We expect our employees to report for work without being under the influence of alcohol or drugs." Or "We expect employees to safeguard the employer's property." These starter sentences will get your supervisors rolling and help them to focus on what's job-related.
In his talk, Segal also identified these common mistakes that weaken documentation.
1. Generalities Instead of Specifics: Often, supervisors and managers document general conclusions as opposed to describing specific behaviors. For example, firing for "bad attitude." How might this verbiage play out in a legal setting?
Your employee Susan has filed charges against you, and you arrive at the hearing with hatred in your eyes. But Susan is bright and cheery: "How's everyone doing? Great to see you," she declares loudly. The investigator sees your anger, and the employee's sunny disposition. And you're going to say she was fired for a bad attitude? Good luck with that!
How do you prove a bad attitude? Focus on what specifically happened to show attitude, says Segal. The sequence might go like this:
--"Susan has a bad attitude in that she is disrespectful to other employees."(Drill down.) "She talks down to employees."(Drill down.) "She said to her employee, 'This is so easy that even you, with your limitations, can understand it.'"
2. Using Legal Labels: Train managers not to use legal labels in their documentation. For example, if an employee shows off a Playboy or Playgirl, don't call it "sexual harassment," call it "offensive material of a sexual nature." If discussing a racial slur, it's not "racial harassment" it's a "hateful term of a racial nature."
3. Using 'Proxy Adjectives': Managers often use "proxy adjectives" that suggest bias, Segal says. Charges like "too emotional" or "failing to change" are examples. Better to say, "she didn't prioritize, she wasn't multitasking, and she was yelling."
Another example: An accounting firm managing partner fired his secretary because she was "resistant to change." That sounded like age bias, says Segal, when what she did was simply refuse to use e-mail. That's simple insubordination.
4. Focusing on Intent, Not Outcome: Suppose you have two employees-Matt and Martha-says Segal. Matt loves your organization, but he cares so much that he obsesses over everything, and accomplishes little. Martha couldn't care less, and hates the place, but hits 170 percent of her goal. So you say to Matt, "We lose money on every breath you take, but we like your attitude, so here's your bonus." And you say to Martha, "You don't care, your attitude is bad, no bonus for you." This is focusing on intent as opposed to outcome. And that can lead to a bad outcome for you.
5. Using Absolutes: "Never say never or always," says Segal, as in, for example, "You always miss deadlines." The employee can rely, "Not true, I met a deadline in 2004." Absolutes almost always end up with an untrue statement, your employee's lawyer will argue.
6. Using Too Many Hedges: Segal often sees phrases in warnings such as, "it appears" or "it would seem." These are heard as "you don't know" by the jury, he says. Here's an example: "It would appear that David doesn't know how to use the new computer system." What's the fix? Drill down, says Segal. State that "David made 11 mistakes, and took 2 hours more than anyone else."
Now you can train your supervisors on the art of Progressive Discipline quickly, easily, and affordably with our new on-line trainings for supervisors. No minimum purchases or set-up fees. Visit http://www.pwhrm.com/ today for a free demo!
Friday, June 6, 2008
Hire for attitude, train for skill.
"I just don't understand why everyone at work is complaining about me," a woman in my office whined. "The same thing happened at my last job too." Though she could not see the cause/effect of her actions, it was clear she was alienating people in the workplace. The most likely reason? Her attitude.
Unfortunately, I have never had any success "adjusting" someone else's attitude. I learned early in my management experience that it was easier to teach new skills than it was to change attitudes. To find employees with great attitudes, the following guidelines for hiring and staff development are helpful:
*The best you will ever see is the first 90 days. If you have a problem with an employee while they are still on probation, you might as well cut bait. This is the time that they have their best foot forward.
*If they complain about the last boss, they will complain about you too. Exercise great caution in hiring someone who has nothing good to say about his or her last boss or last position. It may be more about them than their employment. People who blame are hard to coach.
*Are they an optimist or pessimist? Ascertain how they appear to see the world. Pessimistic people tend to be energy suckers in the workplace and can breed an institutional pathology that pulls others into their negative energy.
*Do they demonstrate personal insight and a commitment to their development? Those committed to ongoing self-improvement are much more coachable and willing to learn new skills and behaviors. Ask in the interview what areas may need improvement. Inquire about the details of the candidate's personal plan for development.
*Are they coachable? How receptive to feedback do they seem to be? It's easy to assess in an interview; offer them some suggestions regarding their resume. If they are quick to disagree, defend, or actually become huffy, they are not likely to welcome your input on more significant matters.
*Do they listen? You can forget all of the above if the potential employee is not a good listener. They will have performance problems, people conflict and difficulty receiving feedback.
There are three keys to truly ensure the quality and effectiveness of your hiring process and consequently of those you hire. They are:
1. Competency Modeling
2. Effective Interviewing Processes and Techniques.
3. Comprehensive Candidate Assessments.
For more helpful hiring tips check out http://www.pwhrm.com/
Unfortunately, I have never had any success "adjusting" someone else's attitude. I learned early in my management experience that it was easier to teach new skills than it was to change attitudes. To find employees with great attitudes, the following guidelines for hiring and staff development are helpful:
*The best you will ever see is the first 90 days. If you have a problem with an employee while they are still on probation, you might as well cut bait. This is the time that they have their best foot forward.
*If they complain about the last boss, they will complain about you too. Exercise great caution in hiring someone who has nothing good to say about his or her last boss or last position. It may be more about them than their employment. People who blame are hard to coach.
*Are they an optimist or pessimist? Ascertain how they appear to see the world. Pessimistic people tend to be energy suckers in the workplace and can breed an institutional pathology that pulls others into their negative energy.
*Do they demonstrate personal insight and a commitment to their development? Those committed to ongoing self-improvement are much more coachable and willing to learn new skills and behaviors. Ask in the interview what areas may need improvement. Inquire about the details of the candidate's personal plan for development.
*Are they coachable? How receptive to feedback do they seem to be? It's easy to assess in an interview; offer them some suggestions regarding their resume. If they are quick to disagree, defend, or actually become huffy, they are not likely to welcome your input on more significant matters.
*Do they listen? You can forget all of the above if the potential employee is not a good listener. They will have performance problems, people conflict and difficulty receiving feedback.
There are three keys to truly ensure the quality and effectiveness of your hiring process and consequently of those you hire. They are:
1. Competency Modeling
2. Effective Interviewing Processes and Techniques.
3. Comprehensive Candidate Assessments.
For more helpful hiring tips check out http://www.pwhrm.com/
Thursday, June 5, 2008
Top Tips for Avoiding Legal Troubles with Employees
You can't afford to ignore or mishandle employment problems. A botched employment situation can cost you millions of dollars if it turns into a lawsuit. Protect yourself using these commonsense tips.
1. Treat your workers with respect.Those who are deprived of dignity, humiliated or treated in ways that are just plain mean are more likely to look for some revenge through the legal system -- and juries are more likely to sympathize with them.
2. Communicate with your workers. Adopt an open door policy and put it into practice. This will help you find out about workplace problems early on, when you can nip them in the bud.
3. Be consistent. Apply the same standards of performance and conduct to all of your employees. Successful discrimination lawsuits start when you treat workers in the same situation differently.
4. Give regular evaluations. Performance evaluations are your early warning system regarding employment problems -- and your proof that you acted reasonably, in case you end up in court.
5. Make job-related decisions. Making sure that your personnel decisions are business-related, makes economic sense and will keep you out of lawsuits for discrimination, violation of privacy, and wrongful termination.
6. Be discreet. Loose lips about employee problems are a surefire way to bring the law down upon your head. You could be sued for defamation, causing emotional distress, or creating a work environment that is hostile.
7. Don't punish the messenger. Employers get in trouble when they discipline whistleblowers or workers who complain of harassment, discrimination or unsafe working conditions. Take action to deal with the problem itself, not with the employee who brought the problem to your attention.
8. Keep good records. If a worker sues you, you'll have to not only remember and explain what happened, but also prove that your version of the story is accurate. To make your best case, keep careful records.
9. Take action when necessary. Once an employment problem comes to your attention, resist the temptation to hide your head in the sand. Take action quickly, before it turns into a real mess.
10. Adopt sound policies and follow them. An employee handbook is an indispensable workplace tool that can help you communicate with your employees, manage your workforce and protect your business from lawsuits.
Think you don’t have the time or money to develop an Employee Handbook?
We can develop a Handbook for your Business that will help you create consistent practices, communicate expectations, and protect you from litigation for as little as $250.
Check it out at http://www.pwhrm.com/
Have an HR Question? You can get it answered for free with Ask the Expert!
1. Treat your workers with respect.Those who are deprived of dignity, humiliated or treated in ways that are just plain mean are more likely to look for some revenge through the legal system -- and juries are more likely to sympathize with them.
2. Communicate with your workers. Adopt an open door policy and put it into practice. This will help you find out about workplace problems early on, when you can nip them in the bud.
3. Be consistent. Apply the same standards of performance and conduct to all of your employees. Successful discrimination lawsuits start when you treat workers in the same situation differently.
4. Give regular evaluations. Performance evaluations are your early warning system regarding employment problems -- and your proof that you acted reasonably, in case you end up in court.
5. Make job-related decisions. Making sure that your personnel decisions are business-related, makes economic sense and will keep you out of lawsuits for discrimination, violation of privacy, and wrongful termination.
6. Be discreet. Loose lips about employee problems are a surefire way to bring the law down upon your head. You could be sued for defamation, causing emotional distress, or creating a work environment that is hostile.
7. Don't punish the messenger. Employers get in trouble when they discipline whistleblowers or workers who complain of harassment, discrimination or unsafe working conditions. Take action to deal with the problem itself, not with the employee who brought the problem to your attention.
8. Keep good records. If a worker sues you, you'll have to not only remember and explain what happened, but also prove that your version of the story is accurate. To make your best case, keep careful records.
9. Take action when necessary. Once an employment problem comes to your attention, resist the temptation to hide your head in the sand. Take action quickly, before it turns into a real mess.
10. Adopt sound policies and follow them. An employee handbook is an indispensable workplace tool that can help you communicate with your employees, manage your workforce and protect your business from lawsuits.
Think you don’t have the time or money to develop an Employee Handbook?
We can develop a Handbook for your Business that will help you create consistent practices, communicate expectations, and protect you from litigation for as little as $250.
Check it out at http://www.pwhrm.com/
Have an HR Question? You can get it answered for free with Ask the Expert!
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