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.)
Friday, August 29, 2008
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,
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