Retaliation: The New Emerging Issue for Employers

Employment attorneys tell me that the reason retaliation claims are on the rise is that retaliation is much easier to prove than harassment. Some plaintiffs lawyers are even 'giving up' on a harassment complaint and just focus on retaliation as a result.

When I conduct workplace investigations, one of the things I look for is whether retaliation has taken place. It may be that there was no actual harassment - but there was retaliation.

The simplest example is when an employee is terminated shortly after making a harassment or discrimination claim. The burden is on the employer to prove he or she did not terminate because the accusations were made.

And retaliation can be much more subtle - co-workers avoiding the accuser; management moving the accuser to another office or work location.

Make sure you add a non-retaliation policy to your employee handbook. But you need to be vigilant in making sure the policy is truly in practice.

This excellent article from Shaw/Valenza illustrates some recent retaliation decisions made by the courts.

Alternatives to Employee Layoffs

Yesterday, we discussed the downside to laying off employees. It often is a short-term fix at a substantial long-term cost to your business.

But when business turns south (62,000 jobs were lost last month), what alternatives are there?

Michigan-based Pro-Temp Inc. co-owner Cal Van Hemert started snipping away at expenses at the heating, cooling and refrigeration service company.

He replaced the company's formal holiday dinner with a pizza lunch, restructured to get more people into the profitable sales department and is debating whether to trim benefits for his 14 employees.

Cross-training employees in multiple roles can add efficiency with no additional cost.

Employees might agree to sabbaticals, unpaid vacations, lowered salaries, even work furloughs.

415 Productions offered either an overall 5 percent pay cut, or a four-day work week reflecting the appropriate decrease in pay.

Charles Schwab Corp. guaranteed a $7,500 bonus for any affected employee who gets rehired within 18 months. In addition, company founder Charles Schwab and his wife created a $10 million educational fund for these workers. The fund will cover as much as $20,000 worth of tuition over two years at accredited academic institutions.

Your most important investment is in human capital. The cost of turnover is significant.

Thanks to salary.com and themorningcall.com.

The Downside of Employee Layoffs

In a "down" economy, the first thing many businesses decide is to layoff employees.

It's not a great idea, since it is a short-term fix at a long-term cost.

William McKinley, in an article titled Organizational downsizing: constraining, cloning, learning,
wrote that "While downsizing has been viewed primarily as a cost reduction strategy..there is considerable evidence that downsizing does not reduce expenses as much as desired, and that sometimes expenses may actually increase."

Employees should not be viewed as an expense, but as a capital investment.

F. John Reh argues that businesses need to consider the reduced morale and the reduced performance and innovation it will bring, and to consider the reduced quality of the company's overall workforce that will result.

Tomorrow, we'll discuss alternatives to laying off employees.

Courtesy about.com (management).

Getting Coffee For The Boss

So an employee got fired for complaining about having to get her bosses coffee. And then sued for a hostile and discriminatory work environment.

She lost (here's the article in www.philly.com), but certainly created a problem for her former employer.

The best way to deal with this problem - like most problems - is to get in front of it before anything gets out of hand.

For example, the written job description should always include a section that says, "...and all other duties as required by management." And it wouldn't hurt in the job interview to mention that bringing coffee to the boss is considered part of the job.

As for me - I'm fully capable of getting my own coffee every day, and would rather have by associates working that making me a latte.

The fired employee plans to appeal - but one of her quotes was really significant: "...they had no idea that I needed that job as much as I did..."

Managing Your Boss

I've written frequently about the concept of 'managing up'.

Now, Joe Tokash, writing in Business West Online, offers four steps to Managing Your Boss:

1. Choose Good Timing
2. Understand How Your Boss Prefers Information
3. Align Understanding
4. Follow Up and Live Your Word

All excellent steps. Remember - as a boss, it's up to you to encourage and foster communication with your employees. As an employee - it's equally up to you in order to proactively deliver that same communication.

Absenteeism in the Workplace

Many employers - especially smaller ones - get frustrated with frequent absenteeism. It reduces productivity and even minor disruptions can create problems in the workplace.

Sandra Sunken, writing in the Ventura County Star, has several suggestions on improving poor absenteeism - several I don't agree with:

But let's start with the ones I do agree with:

- You can make a difference. As a leader, it's your responsibility to set an example and make sure you set expectations as well.

- Leading by example. I once worked for a boss who believed he should be the first one in the office at least twice a week, and the last to leave at least twice a week.

- Create a bank of personal time days. In the HR world, this is called "Paid Time Off" or "PTO". PTO combines vacation, sick and any personal days an employee is eligible for. When they call in sick, or request a vacation, it is charged to PTO - so it doesn't matter why they're off; they're just off. And when that bank of days is exhausted, they can still be absent - they're just not paid for that time off.

Here's where I disagree with Ms. Sunken:

- Let your employees know you care about them. While this is important for morale, it's not relevent to absenteeism. If you care about your employees AND they care about their job, they'll be there.

- Emphasize the link between attendance and productivity. It seems to me that employees who are frequently absent simply don't care about productivity (or their jobs, for that matter). Explaining the importance of productivity likely will not result in improved attendance.

- Job Enrichment. Why would you go to the trouble of cross-training and developing an employee who doesn't care enough to show up?

- Prize Pool [for punctuality and attendance]. Many companies do this, and I'm frankly opposed to it. Attendance is a minimum expectation of employment. I do not believe in rewarding anyone for something they're expected to do. (However, rewards for exceptional performance are something I highly encourage).

Setting the expectation is critical. This should be emphasized in the job interview, supported in a written job description, and addressed immediately when there is a pattern of absences or tardiness.

Ending Gossip in the Workplace

The bad news first: it's really difficult to put an end to gossiping. Most people have a natural tendency to talk about others (witness the explosion of sites like www.perezhilton.com and www.tmz.com).

Yet gossiping about fellow employers or leaders in a business can truly produce incredible morale issues. My experience shows that if employees are happy, they tend not to negatively gossip in the workplace.

On the other hand, I've seen businesses where gossip is crippling morale and reinforcing already negative attitudes.

So what do you do?

Sam Chapman of Empower Public Relations set forth a 'no-gossip' zone in his office, firing three employees and establishing a strict policy of no-gossiping.

Perhaps a more practical approach is to keep your eyes open for unhappy employees and enforce your open-door policy. Find out what is troubling him or her and make sure your policies, procedures, and decisions are frequently communicated to everyone.

That (naturally) has created some consternation among the experts, as outlined in this article in the Christian Science Monitor.

Love Contracts

Even though businesses frown on workplace romance, let's face it: most of us have three ways of meeting people: through our friends, at a bar, or at work. And since we spend at least one-third of our lives at work, the chances are there that a romance will develop.

In most states, an employer cannot prevent employees from dating. (However, most states permit employers from halting a romance between a supervisor and direct report).

And remember - 50% of all sexual harassment cases start when the relationship was consensual.

So how to mitigate the issue?

One way is through a so-called love contract, in which both parties acknowledge their relationship is voluntary and consensual. Although it's questionable whether these contracts are enforceable, it seems desireable for an employer to get something in writing.

Here's an excellent article about love contracts by Ann Margaret Pointer of Fisher & Phillips LLP.

Hiring Someone Just Like You

Most managers do a poor job of hiring. With the average employee turnover rate around 20-30% annually, that percentage is almost entirely a reflection on poor hiring practices.

Many managers are looking for someone just like themselves in terms of mannerisms, appearance, culture and skill sets.

David G. Javitch, Ph.D, writing in Entrepreneur magazine, calls this hiring practice "mirror-hiring".

In truth, you want to hire to your weaknesses, and not your natural strengths. An honest assessment of your strengths and weaknesses combined with your desire to bring in people who have a different skill set can only help you and your team.



via entrepreneur.com via MSNBC

Wellness Programs Benefits for Small Businesses

You don't need an expensive wellness plan to develop a healthier workforce.

Think about what's in your breakroom: bagels, donuts, chips, and sodas?

How about fresh fruit and other low-fat snacks?

The American Heart Association offers a free walking program for employers.

What are the benefits?

• increased employee morale
• lower absenteeism and
• potentially reduced health-care costs

Find out what your employees would like - if you deliver on their needs, the benefits will ultimately be both yours and theirs.

Via Chicago Tribune.

Workplace Bullying

Workplace Bullying, as noted here before, is a serious problem.

Jennifer Starace, client services manager for Business Resource Solutions, has now labeled the problem an "epidemic" in the workplace.

The best advice is to make sure your managers are looking out for this behavior and eliminating it the moment it occurs.

Unfortunately, 72% of all workplace bullies are managers!

If you've got turnover problems, or morale issues, one of the best techniques to specifically identify those problems is a 360 degree survey.

Via The Huntsville Times.

Theft in the Workplace?

It's happening, according to the Spherion Workplace Snapshot Survey.

About 1 in 5 employees admit to stealing - normally office supplies - from their employer.

What are they stealing?

• 66% pencils, pens , rulers.
• 57% paper, Post-it notes, file folders
• 11% calculators, staplers, tape dispensers
• 8% laptops, PDAs or cell phones.

Thanks to Spherion and the St. Petersburg Times.

Employers Who Monitor Text Messages

Well, it's a confusing ruling. But essentially, an employer currently does not have the right to review an employee's text messages.

An Ontario, CA police officer was given a pager, paid for and provided by the Ontario Police Department. The officer apparently used the pager to text personal - and sexual - messages to his wife (who also worked for the police department). The wireless provider, at the request of the police chief, provided those messages to the police department.

Oops.

The 9th Court of Appeal ruled that text messages are private, even when the employer provides and pays for those messages. (The Ontario PD even had a policy prohibiting personal use of the pagers).

For now - consult your employment attorney and don't monitor your employees text messages.

Courtesy Information Week and the Los Angeles Times.

Pre-Employment Testing: Can You Do It?

Lots of business use tests prior to hiring a new employee. These can be skills tests such as math; aptitude (which are frequently done for sales positions); or personal instincts). Done properly, these tests can greatly reduce turnover and improve chances for a successful hire.

But there is a significant downside, if these tests are done improperly, not employment-related, or have the possibility of generating a pattern of discrimination. The classic example of the latter is Federal Express, which in 2007 reached a $55 million settlement as a result of a lawsuit that alleged FedEx used a 'basic skills test' for promotions. 86% of white employees passed the test, compared to 47% of blacks and 62% for latinos.

Make sure you use the following guidelines when evaluating or considering pre-employment testing:

1. Know when to administer the test (pre-job offer or post-job offer)
2. Make sure the company you use to conduct the testing has validity - they have proof that the test is non-discriminatory
3. Make sure the test is employment related for the position (for example, you don't want to administer a math aptitude test for a dockworker).

Finally, make sure to review your program frequently with your HR Department or employment attorney.

Courtesy law.com and Baker Hostetler

Creating an Internship Program

Both businesses and students benefit from internships.

For the student, an internship allows them to learn about a potential career from a 'real-world' perspective and perhaps earn some money after classes or during the summer.

For businesses, however, the potential benefits are much greater: besides getting part-time workers at an affordable cost, businesses can benefit from the enthusiasm and new ideas of a college student. And if that student has a positive experience with your company, they are more likely to end up as a full-time employee of yours down the line.

The California Chamber of Commerce recently published an article that tends to focus on the fact that internships should be paid. (It's difficult to establish all of the criteria needed to provide an unpaid internship).

And the most important thing to remember is that if an intern is paid, they are an employee - subject to workers' compensation and all of the federal and state protections from harassment, discrimination and retaliation in the workplace.

Managing Employees Who Have Body Art

The popularity of tattoos in the "Y Generation" is certain: studies show that up to 40% of people under the age of 30 have body art.

But as this generation enters the workplace, visible tattoos can create issues in the office. According to this report via McClatchy Tribune, more and more people realize that visible body art creates a stigma - for employers and clients alike. And those employees are taking steps to cover their art during working hours.

That's good news - but employers need to take the lead if they believe that tattoos (or excessive piercings, for that matter) are not good for business. Well-written policies should be created mandating what is expected of employees.

Some employers might say, "I don't have that problem now - why deal with it?" The answer is because you don't want to create a policy after your receptionist shows up on Monday morning with twelve rings in her nose, or your sales rep comes back after a weekend in Cabo with a snake tattoo on his face.

Get in front of this issue - like all issues - before it happens.

Records Retention in the Electronic Era

The advent of text messaging and e-mail have made a substantial impact on employers - especially since business-related communication has the potential of ending up in front of a jury.

How - and how long - information must be kept is becoming critical. There are state and federal laws that also apply.

The first step is to review your employee files and other documents and determine how long they must be kept - and in what form they can be kept.

A good start is to review this article from McGuireWoods LLP.

Weight Discrimination in America

According to the journal Obesity, weight discrimination is now as common as racial discrimination in US workplaces.

About 17% of men and 9% of women have reported race discrimination; and about 12% of all adults have now reported weight discrimination.

Yet no federal or state law exists that prohibits weight discrimination (for now, at least). The cities of San Francisco and Washington D.C. prohibit weight discrimination.

Discrimination involves health care, education or workplace situations, such as cases in which people said they were fired, denied a job or a promotion because of their weight.

Even though no law currently exists to prohibit this discrimination, why test it? It's extremely expensive to litigate - even when you believe you're right.

Do not make a workplace decision that takes weight into consideration. Use unbiased decision-making that is the best decision for your business.

Thanks to USA Today.

California's Hands-Free Cell Phone Law

On July 1, California is prohibiting all cell phone use for drivers unless a hands-free device is used.

What does this mean for employers?

It means your employee handbook policy should be updated to include the following:

1) You - as an employer - are not responsible for paying violation if a ticket is received; and
2) Since you can be held liable for accidents while an employee is driving on company business, you should prohibit cell phone use unless the employee can pull off to a safe area and make or receive a call;

And remember - California is usually on the forefront of new laws that ultimately get adopted by other states. It's best if you put these policies into place now.

More tips - and an overview of the new law - from Jackson Lewis.

How To Become A Caring Boss

Maureen Moriarty, a Seattle-based executive coach, offers some excellent tips for becoming a more 'caring' boss in this article in the Seattle Post-Intelligencer.

Why would you want to become a more caring boss?

1) Reduced turnover. Studies consistently show that the number one complaint of employees is not pay, but rather that they don't receive enough feedback from their boss. 40% of all employees say a poor boss will likely lead them to leave their employer, and the cost of turnover is prohibitive for any business.

2) Improved business performance. Employees who are happy are better performers, leading to better productivity.

Moriarty's best tip, of course, is for managers to listen more.

But I'll offer my own tip, one that I learned from a colleague who's now the Senior Vice President of Sales for a major insurance company:

You're always on stage.

Whether you realize it or not - you need to understand that as a leader, people are always watching you and feeding off your body language. What you say to employees is magnified in their eyes - even though you may be making what you consider an 'off-the-cuff' remark. People are watching - you are always on stage - so make sure what you do and say always reflects what you expect.

Pre-Employment Drug Testing

There's a fine line between what is desirable and what is legal in the workplace. Many employers would like to institute random drug testing of current employees, or pre-employment drug testing.

If you have such a policy or are considering one, make sure to consult an employment attorney. The laws in this area change so frequently, it's difficult to know what is acceptable and what isn't.

For example, a candidate for a part-time page at a city library in Oregon was required to take a drug test. She refused and sued. The Ninth Circuit Court of Appeal upheld, deciding this was a violation of the 4th Amendment. (Lanier v. City of Woodside)

In California, pre-employment testing is - in many cases - acceptable. But ask yourself what would require the need for drug testing? If it's a receptionist, what is the rationale? It's more understandable if the position requires an employee to drive, or handle cash, or operate machinery. Make sure your decision to drug test is correct for the position and your company, and always consult counsel before implementing such a plan.

From Barker Olmstead & Barnier.

Pets in the Workplace? Don't Count on It

So, the American Pet Products Manufacturers Association polled working Americans 18 years of age and older. According to this survey, about one in five companies allow pets in the workplace.

I find that hard to believe. Although there's little doubt that having a pet reduces stress and increases longevity in humans,

However, allowing pets in the workplace is akin to allowing children in the workplace. It is a distraction that hampers productivity.

A better idea is to have a "Bring Your Pet To Work Day" once or twice a year, just like many employers have a "Bring Your Child To Work Day".

Pets at work might be good for the pet, it might be good for the employee, but it's not good for the workplace.

From the Daily O'Collegian at Oklahoma State University

Personality Tests Prior to Hiring

The phalanx of assessment tests available to employers as they interview job candidates continues to grow.

The challenge is to decide between purely objective criteria (who is the most qualified person for the job) and subjective (who will be the best fit for my company).

Not all assessments are suitable for use as pre-employment assessments. Psychological assessments that were designed for clinical or diagnostic use, for example, should not be used. The courts have consistently ruled that psychological testing generally has no place in the business environment.

An assessment - properly administered - is invaluable to the hiring process and can increase your productivity while reducing your turnover. I personally favor and administer the Kolbe Assessment program. But find out what works best for you - make sure to involve an expert in the process.

Some excellent advice - some of which I've included here - is from Penny Morey in this article at Entrepreneur.com.

Why Have An Employee Handbook? Part II

I've written before about the need for a business of any size to have legally reviewed, written policies in force.

My favorite example is when an employee chronically comes to work late. If you try to discipline that employee, he or she can simply say, 'no one told me that'. And they could continue to get away with it.

Some employers fear that written policies bind them too much, but a well-written handbook avoids those pitfalls.

Do not use the internet or buy a software program - it takes more time than you think; you don't know how recent those policies were legally reviewed; you won't know if your company needs to have certain policies; and you don't know if those policies are specific to your state.

Get a professional - collaborate - and get the policies legally reviewed to ensure you can consistently - and properly - manage your employees.



Courtesy Kyle R. Still, Ward and Smith, P.A.

Avoiding the Pitfalls of Job References

A highly valued, long-time employee of yours decides to move out of state and asks you to write a reference letter. A no-brainer, right?

Then another employee, whom you've been trying to fire for the past few months, also asks you for a reference letter. Now what do you do?

Yes, you can be held liable for references - and whether you provide them or not. It's possible you could open yourself up for discrimination or defamation charges if you write a letter for one employee but not another.

Often in seminars, I advise clients not to provide references at all. You're under no obligation to do so, and the negative clearly outweighs the positive.

But a written policy must be established, and you must be consistent in following that policy. Many businesses simply provide dates of employment, which is a good practice.

Some employment attorneys recommend a signed waiver, where you only provide information under certain circumstances.

Consistency and communication are the key. Establish that policy, make sure all your employees understand it - and make sure you consistency follow that policy.

From Elarbee Thompson.

When Its Time To Leave Your Job

I'm often asked by unhappy managers if they should leave their job. It's a somewhat complicated question which boils down to a simple question: "Are you happy?"

Happiness in a job is critical - more critical than the money you earn or the uncertainty of trying to find a new job. We spend at least a third of our lives working; why would you want to spend all that time being unhappy?

Unhappy employees are far less productive and - whether you realize it or not - your unhappiness manifests itself on other employees, even if you don't say anything. People know.

Is the grass greener on 'the other side'? You'll never know until you find out.

People hate losses, say Richard H. Thaler and Cass R. Sunstein, authors of "Nudge: Improving Decisions About Health, Wealth, and Happiness," And "losing something makes you twice as miserable (than) gaining the same thing makes you happy." They call this being "loss averse."

We often are so focused on holding on to something we forget there are better things out there. The old saw, "the best time to look for a job is when you have a job," maybe true; but it's also a device for procrastination.

Don't spend your life 'stuck' in a job. Ask yourself every morning if your truly excited about going to work. If the answer is no, you have your answer.

Life is too short.

From Andrea Kay via Courier Post Online.

Nine Great Questions To Ask Your Boss

Too many employees are reactive to their boss - they simply respond to orders and direction. This leads to a lack of mutual understanding, and tasks that don't get done the way the boss intends.

Being proactive, however, can mutually benefit both you and your manager.

It's always better to clarify with a boss. Clarify, in this instance, means making sure you and the boss are on the same page when it comes to tasks, goals and team-building.

A major mistake most managers make is they simply assume their team knows exactly what his or her expectations are. This 'top-down' approach does not work in today's modern workplace.

By asking questions, an employee and manager become more mutually joined; tasks get accomplished quicker and more accurately; and the overall organization improves. It's about communication - two-way communication.

This list of questions, from Careerbuilder via CNN.com, is an excellent way to begin the process.

Cat's Paws, Discrimination, and Coca-Cola

When charges of discrimination are made in your business, the smartest move you can make is to conduct an immediate investigation.

If an investigation isn't made, there are too many issues that can arise, as in the case of Coca-Cola Bottling of Los Angeles (BCI).

A manager told an HR staff member that an employee was insubordinate. Without getting corroborating evidence (or even conducting an investigation), the HR person gave permission to terminate the employee, who is African American. (The HR person never met the employee or knew he was black).

As it turned out, the employee was accusing the supervisor of harboring racial animus towards black workers. Lawsuits ensued. A federal district court dismissed the lawsuit, but an appeals court reversed the ruling, and the case was headed to the U.S. Supreme Court, when BCI settled with the EEOC for $250,000.

Of course, the legal fees for BCI are likely many times higher than the settlement.

If only the HR department had conducted an investigation (or had an outside consultant do it).

Thanks to HR.BLR.COM.

Another Reason To Have An Employee Handbook

There are many good reasons to have a good, frequently updated employee handbook - and very few reasons not to have one, regardless of the size of your business.

One of the most important reasons is to reiterate that you are an 'at-will' employer - meaning an employee can be terminated at any time, and that an employee can quit at any time.

In Kang v. PB Fasteners, a long-term employee attempted to prove that his longevity at the company implied a contract. The U.S. Court of Appeals for the 9th Circuit rejected that claim, in part because the employer’s handbook stated all employment was “at will” and that employees could be terminated without cause at the employer’s discretion. The handbook also stated that it was not intended to “alter the at-will status of employment with the company.

Make sure the at-will statement is included in:

• Your job application (with a signature from the candidate)
• Your job offer letter
• And in the Employee Handbook

Thanks to Jackson Lewis.

Violence Prevention in the Workplace

It's impossible to eliminate violence in the workplace, but there are techniques and methods to reduce the possibility of it happening.

According to Dr. Jeffrey L. Sternlieb, president of MetaWorks, homicide is the number one cause of death of women in the workplace.

• Educate your workplace.
• Make sure you have a Violence Prevention policy in your handbook.
• Train your supervisors on what to do if an incident occurs.
• And make sure all your employees are alert to potential signs of workplace violence.

Courtesy Readingeagle.com

CA Supreme Court Rejects Liability for Supervisors in Retaliation Cases

Supervisors cannot be held liable for retaliation under the California Fair Employment & Housing Act.

The California Supreme Court in Jones v. The Lodge at Torrey Pines Partnership issued the decision.

Retaliation is becoming much more popular in employee relations cases, since it's much easier to prove retaliation than harassment. Often, a harassment investigation can only reveal a 'he said, she said' scenario. The standard for proving retaliation is much lower, and many plaintiff's attorneys are dropping the harassment allegations and staying only with retaliation.

According to Jackson Lewis:

Although individual supervisors cannot be held liable for retaliation, employers should not jump to the conclusion that this decision will reduce FEHA claims significantly. Retaliation claims against individual supervisors are usually only one of several claims asserted by former employees who sue. Indeed the history of this case aptly illustrates this point: Jones asserted claims for harassment and discrimination, as well as retaliation. While litigation costs may diminish somewhat, employers can best avoid the courthouse by adopting and enforcing anti-harassment and -discrimination policies and by training their supervisors to recognize workplace harassment, discrimination and retaliation.

That means training your supervisors, conducting an effective investigation, and implementing policies that absolutely forbid harassment - and retaliation

Managing Your Boss - 30 Years Later

In 1980, one of the most significant articles on modern leadership was published in the Harvard Business Review - "Managing Your Boss," by John J. Gabarro and John P. Kotter changed conventional wisdom from a didactic ('the boss tells you what to do') into a collaboration between employee and employer.

Nearly 30 years later, those concepts are as important as ever. And 'managing up' is a critical component in my book, "Managing People in the 21st Century".

If you manage people, encourage your employees to manage up. If you have a boss (and it's likely you do), make sure you understand the world he/she operates in - what his or her goals and objectives are.

The key to successful leadership is communication.

A conversation with the authors of that article is posted at forbes.com.

Increased Penalties for Immigration Violations

The ICE crackdown continues, with increased penalties for employers who knowingly employ unauthorized aliens that are now in affect.

• First violation for knowing employment of an unauthorized alien, $375.00 (previously $275.00)
• First violation maximum penalty, $3,200.00 (previously $2,200.00)
• Multiple violations maximum penalty, $16,000.00 (previously $11,000.00)

All of these fines are per person. So if you're employing 10 authorized aliens, it's $375 per person you illegally employed.

Make sure to audit your employee files and I-9 procedures.

How To Talk To Your Boss

(Almost) everyone has a boss. And bosses spend so much of their timing dealing with and listening to complaints, it becomes easy to 'tune out' another employee with yet another complaint.

I made it a rule with my employees - never complain unless that complaint comes with your solution. And make your point quickly - no one (least of all the boss) wants to spend long hours hearing someone make the same point over and over again.

James Lukaszewski, author of "Why Should the Boss Listen to You?" and a crisis-management expert, says workers who want to be listened to also need to:

• Understand where the boss is coming from, and the goals he or she may be trying to achieve. "Bosses hear many voices every day," he says. "You have to say something that will matter to them from their perspective."
• Recommend solutions rather than giving orders. Too often employees seeking to be trusted advisers act as if they were entitled to give their opinion and a boss should be obligated to listen.
• Reduce stress and tension. Be the person who can walk into a room and everyone is comfortable you're there, Lukaszewski says. Humor and stories often help ease tension.
• Deliver recommendations in a digestible, usable form. Be brief, positive and constructive.
• Propose incremental solutions. Don't insist that you have the entire answer to a problem, but your suggestion may be part of a solution for your boss. "They want a menu of things to choose from," he says.

From the Colorado Springs Gazette via South Florida Sun-Sentinel.

March Madness and its Effect on the Workplace

Even the most casual sports fan is aware of the NCAA Men's Basketball Tournament. Next to the Super Bowl, more money is wagered on this event than any other.

As many as 37 million people are expected to participate in the wagering, according to an estimate by Challenger, Gray & Christmas, a job counseling firm in Chicago.

The FBI has estimated about $2.5 billion will be bet on the tournament.

With this popularity comes major issues for the workplace.

First of all, betting is illegal everywhere in the United States except Las Vegas and Atlantic City.

Next, the basketball 'pool' that's prevalent in many businesses likely violates a handbook policy that prohibits solicitation and distribution.

CBS and the NCAA have also announced that all games this year will be available live on-line, so the possibility of workers spending their hours watching basketball and not being productive is also likely. In fact, economic experts are predicting all the office time spent following the games over the next several weeks could add up to more than $1.2 billion in lost productivity. The estimate is nearly 20 percent of the work force, will spend an average of 13.5 minutes a day following the games and updating their brackets.

Do not wait to solve problems before they happen. Although there's interest and fun involved, your business should prohibit office pools. In addition, you should have a written policy should state that internet and e-mail use is for business purposes only. (If not just to reduce lack of productivity, it should also reduce the potential for harassment and discrimination).


Thanks to CNN Money.com, Dallas Morning News, WRAL * Local Techwire

Perenchio's Rules of the Road

Jerry Perenchio is one of the savviest managers I've ever seen. He is a multi-billionaire through a long career ranging from a sports-event promoter (remember the Billy Jean King-Bobby Riggs tennis match in the 1970's) to his brilliant acquisition and sale of Univision.

I particularly respect his low-key public persona. You'll never see him give an interview. He's brutally tough of his managers, but if they perform - their careers are limitless.

Here are his rules of the road, which should be required reading for anyone in management.

1. Stay clear of the press. No interviews, no panels, no speeches, no comments. Stay out of the spotlight — it fades your suit.
2. No nepotism, no hiring of friends.
3. Never rehire anyone.
4. Hire people smarter and better than you. Delegate responsibilities to them. Doing so will make your job easier.
5. You've got to know your territory. Cold!
6. Do your homework. Be prepared.
7. Teamwork.
8. Take options, never give them.
9. Rely on your instincts and common sense. If you go against them you generally regret it.
10. No surprises. We don't give them. We don't want to get them.
11. Never lose sight of what business you're in. Stick to your "last."
12. When you suit up each day it's to play in Yankee Stadium or Dodger Stadium. Think big.
13. If you have a problem, don't delay. Face up to it immediately and solve it.
14. Loose lips sink ships!
15. Supreme self-confidence, never arrogance.
16. A true leader is accessible — no job too big, no job too small.
17. Communication is our business. You can reach any of your associates anytime, anywhere, anyplace.
18. If you make a mistake, admit it. Just don't make too many.
19. Don't be a "customer's person" (man or woman).
20. Always, always take the high road. Be tough but fair and never lose your sense of humor.

The "Boomerang" Employee

Used to be that an employee who left a company was persona non grata in terms of ever being rehired. In fact, one of A. Gerald Perenchio's famous "rules of the road" is to never re-hire a former employee. (It's his only rule I disagree with).

Times have changed, and employers are finding out that a 'boomerang' employee adds value to their business.

An employee who left and returns adds a new perspective; additional skill sets; and often an additional appreciation for their former employer.

Many employees leave because of the 'grass is greener' theory, but often don't find it to be true.

If you're looking for a skilled worker, don't automatically reject a candidate merely because they used to work for your company. Take an objective look at what they bring to the table for you today. If their original departure was amiable and professional, chances are you'll reap benefits from hiring a person who is familiar with your corporate culture and who can re-appreciate the benefits of working for you.

Thanks to South Jersey Courier Post Online.

Obesity Costs Employers $165 Billion

The problem with obesity in America has begun to financially affect the workplace.

A new report from Health Media, Inc. indicates that obesity costs employers $165 Billion in medical care and lost productivity.

Since it is illegal to take any action against an employee or job candidate because of their weight, employers are faced with a dilemma: what to do about it?

Many Employee Assistance Programs (EAPs) have a wellness component, in which affected employees can participate at little or no cost in weight loss and related courses.

Of course, many employers do not participate in EAPs, primarily because of cost reasons.

Yet some studies indicate that offering EAPs may result in various benefits for employers, including lower medical costs, reduced turnover and absenteeism, and higher employee productivity and morale.

And if your business is sharing in the $165 Billion, an investment in an EAP may be the cheapest medicine of all.

You can check out EAPs through the Employee Assistance Professionals Association.

How to Manage Cellphones in the Workplace

It used to be that an employer only had to limit personal use of business phones in the workplace. "Personal phone calls should be kept to a minimum" was an easy handbook policy to write.

The advent of cellphones has exacerbated the problem. Now, the irritating ring of cellphones is considered a major workplace annoyance by co-workers.

In addition, the camera feature on these phones creates a privacy concern, and using cellphones while driving on business has become a huge liability for employers.

Recommendations for employers and employees:

1. Cell phones in the workplace - for personal calls - should be limited to emergency calls only.
2. Cell phones should be turned off during meetings or when with clients.
3. Cell phones should never be used while driving on company business. If it's necessary to make a call, then pull off to a safe area, park, and make the call.
   

From Jim Evans via the Zanesville Times Recorder.

Survey: Tuesday is the Most Productive Day

The temporary staffing firm Accountemps has released a survey showing executives believe that Tuesday is the most productive workday of the week.

The results mirror results of the same survey conducted in 2002, 1998, and 1997.

In some ways, the results make since. Fridays are the most common day for vacation, and Mondays are the second most common (and Mondays are the most frequent day taken for sick days).

It's up to managers and business owners, however, to manage productivity throughout the week. There is no excuse for Tuesdays being more productive than, say, Wednesday or Thursday.

Make sure your employees have a plan for each day of the week. Ensure they focus on the most important thing they need to do, and not just going through a checklist of menial tasks.

Get in their offices or work stations. What employees tell you they do is usually completely opposite of what they actually do.

The 'ivory tower' is the wrong place to lead people - especially if productivity is inconsistent throughout the work week.

What you allow, you encourage.

$1 Million Sexual Harassment Verdict Awarded

A woman has just been awarded $1 million in damages as the result of a sexual harassment lawsuit against an automotive dealer in Maryland.

Unfortunately, sexual harassment in auto dealerships is nothing new.

It seems the male-dominated industry has generally not evolved with the rest of the U.S. workplace in training and preventing sexual harassment. In California and other states, harassment of third parties (customers and vendors) is also prohibited.

A non-harassment policy, training and awareness are critical components to reduce the likelihood of harassment complaints, but ownership must take personal accountability in ensuring all managers and employees are following the rules.

What you allow, you encourage.

Discrimination Charges Highest in Five Years: EEOC

The EEOC is reporting that job bias charges increased 9% in 2007, the highest volume of complaints in five years, and the largest increase since the 1990's.

“Corporate America needs to do a better job of proactively preventing discrimination and addressing complaints promptly and effectively,” said EEOC chairwoman Naomi Earp in releasing the annual tally.

No kidding.

Part of the problem is that more and more workers are becoming knowledgeable about discrimination in the workplace. What is concerning is that 'merit factor' rate is 23% - meaning almost 1 in 4 complaints had enough merit for the EEOC to pursue action.

Preventing discrimination is a key. The first question a business owner should ask of himself/herself is the following:

If an employee came to you today stating they had been harassed or discriminated against, what is the first thing you'd do?

Managing People with Body Art

Body art - aka tattoos - are not generally accepted in conventional workplaces. In fact, 85 percent of employees believe that tattoos and body piercings impede one's chances of finding a job, according to a July 2007 survey by Vault.com, an online career site.

Yet 25% of Americans have at least one tattoo (up from 1% 30 years ago). The strain to find qualified employees will continue if the perception that body art is counterproductive in the workplace.

The answer for employers is to establish policies before this becomes an issue. Set up an appearance policy in your Employee Handbook. Make a decision - does an employee with visible body art impact your business? (If an employee rarely sees clients, for example, it may not be impactful - but if an employee does see clients, you may want to have visible body art covered for them).

I once worked for a company that required body art to be covered - generally, for business reasons this is completely acceptable. Many of the younger salespeople with tattoos on their ankles wore pants or even used a bandage to cover up the art doing working hours.

The point is - the employees at this company knew the policy before they accepted the job. If you don't have a policy in place, and suddenly and employee shows up with several tattoo's, you're reacting and not being proactive. You open yourself up to potential charges of discrimination.

Managing people is largely about preventing issues before they occur - a body art/appearance policy is a perfect example.

Thanks to Des Moines Register.

Violence in the Workplace Statistics

I recently gave a Preventing Violence in the Workplace presentation to a group of business owners (you can get the white paper here).

There's good news and bad news about workplace violence.

The good news:

1. Workplace violence is less prevalent than most people think. About 800 people die each year from workplace violence. (Homicide - the workplace issue that gets the most media attention - is only the fourth leading cause of deaths in the workplace).
2. There are a number of inexpensive techniques that can mitigate workplace violence, such as implementing an Illness and Injury Prevention Plan, conducting simple training programs, and implementing background checks on job applicants.

The bad news:

1. Incidents of workplace violence are likely on the increase.
2. While most conceptions of incidents involve 'the post office' or large organizations, it's affecting small businesses more and more, since small businesses generally don't have the infrastructure to support training programs and knowledge about how to prevent workplace violence.

Thanks to Centre Daily Times.

I-9 Audits and Fines On The Rise

The United States ICE (Immigrations and Customs Enforcement Department) is no longer kidding around.

Last month, ICE Assistant Secretary Julie Myers stated that in 2008 there will be "a lot more I-9 inspections of employers."

Now the Bush administration has announced substantially larger penalties for knowingly hiring illegal immigrants.

"This is a way to keep that pressure up, to make sure people are complying with the law," said Homeland Security Secretary Michael Chertoff (pictured).

Under the plan, effective March 27, the minimum penalty for willingly hiring an unauthorized worker would go from $275 to $375. The maximum penalty will jump from $2,200 to $3,200, and the maximum for multiple violations will increase from $11,000 to $16,000.

Penalties for inadequate record-keeping range from $100 to $1,000 per violation - even if you unknowingly hired an illegal immigrant.

Make sure to audit your operations process. Employers are being arrested as well as fined.

It no longer makes sense to skirt the law.

Thanks to:

Dallas Morning News
Baker Donelson

Age Discrimination in the Workplace

Age Discrimination will surely become a hot topic in the upcoming months, as the U.S. Supreme Court has agreed to review five cases involving this issue.

The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA's protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment -- including, but not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA.

The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.

In California, virtually every employer (regardless of size) must comply under similar regulations for the Fair Employment & Housing Act.

When the Supreme Court hears cases, more and more workers become aware of this issue, which will lead to additional claims by 'older' workers.

In Fiscal Year 2006, EEOC received 16,548 charges of age discrimination. EEOC resolved 14,146 age discrimination charges in FY 2006 and recovered $51.5 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation).

Michael Phelan, a personal injury attorney in Virginia, notes also that "in the current recessionary climate, there is an uptick of companies being accused of using illegal age factors in trying to reduce costs".

What to Do:

1. Review your policies immediately.
   
2. Make sure that no possible discrimination is taking place in your hiring and employment practices.
   
3. Get a human resources consultant or labor attorney to audit these procedures.
4. If you are considering a layoff or reduction-in-force program, make sure you and your counsel are familiar with the Older Workers Benefit Protection Act.
   

Via Forbes and InjuryBoard.com.

FMLA Proposed And Approved Changes

The Family Medical Leave Act (FMLA) - has long been a difficult thing for employers to manage, largely because of the vagueness throughout the act.

News reports have been blaring about 'proposed changes', but they really are only proposals.

The one firm change that has been enacted is the Military Leave provision, which went into effect on January 28. It says, in part:

Employers to provide up to 26 weeks of FMLA leave to eligible employees to care for recovering injured or ill service members.

The proposed changes - which have not been enacted yet, are:

• 12 weeks of leave because of any qualifying "exigency" arising out of the fact that a covered family member is or has been called to be on active duty.
• Employees would need to notify their employer that they need FMLA leave no later than the next day following a qualified need for the leave.
  
• Employers will now have to provide notice of FMLA rights annually, but will have longer to provide designation of leave - 5 days instead of the current 2 days.
• A proposed change would allow employers to contact a worker's health provider about the need for leave. The proposed changes would remove that restriction. Some employers have looked for this change so doctors have fuller information about the worker's responsibilities and working conditions before making judgments on a worker's need for time off.
• Another change would require workers to make two medical visits in a 30-day period to qualify as needing continuing treatment.

Employers have until April 11 to file comments with the Department of Labor.

Smoking In The Workplace - Even Off Hours?

A Massachusetts employer decided to ban employees from smoking. Even when they aren't at work. And finally terminated an employee whose urine tested positive for nicotine.

Needless to say, the employee sued under a novel concept: that the termination may constitute an interference with that employee’s right to participate in the company’s benefits plan in violation of the Employee Retirement Income Security Act (ERISA).

Trying to save a few dollars in health insurance by banning employees' smoking all the time may seem like a good idea, but I suspect the money they saved will be nullified by the court battle that's ensuing.

Generally speaking:

• You can ban employees from smoking in the workplace (most states prohibit smoking indoors).
• You can limit employees' rest breaks - i.e. a smoke break - to the minimum allowed by state law (normally 10 minutes for every four hours worked)

But overly prohibiting off-premises conduct is not a good idea.

From Thomas J. McCord, Gary J. Oberstein, Renee M. Jackson of Nixon Peabody.

Racial Harassment On The Rise

The EEOC is reporting that cases of racial harassment increased 24% in 2007. Nearly 7,000 complaints were filed last year.

Of particular concern in the workplace is the outbreak of 'noose' displays.

It's nearly impossible to conceive that in this day and age, race harassment is still prevalent - to say nothing of the increase.

To reduce your liability of workplace harassment, remember these steps.

1) Get a handbook (or update your non-harassment policy);
2) Train your managers and supervisors;
3) Make sure no offensive displays are anywhere in your workplace;
4) Develop a policy that indicates e-mail and internet use are for business use only.

From USA Today.

Dealing With Problem Employees

The Employment Law Alliance conducted a study showing that 44% of all employees have violated workplace rules or regulations.

No surprise there, except that the number is so low.

The study further identifies some of the common attributes of a poor employee, as written in the New Hampshire Business Review:

• Late arrivals and early departures on a regular basis (that are not part of an accommodation)
• Unexcused excessive absenteeism
• Disrespectful, abusive, vulgar or rude language towards co-workers, managers and/or customers
• Poor attitude toward the company and/or co-workers
• Constant complaints, gossip or other disruptive behaviors that bring down employee morale
• Poor or unprofessional job performance and/or quality of work

The lesson for employers is DON'T WAIT! If you see these behaviors in an employee, do not delay. Immediately sit down with that person and correct the behavior immediately. You cannot afford to wait. A negative employee is a cancer on the workplace, spreading that disease throughout your organization. If you allow poor behavior from one employee, others will believe they can get away with that behavior as well.

Some of Swenson's Management Principles apply here:

What you allow, you encourage.
Inspect what you expect.

Sharing Information With Your Employees

Believe it or not, some bosses are loathe to share corporate information with their rank-and-file employees.

There are so many good reasons to share as much information as you can:

1. Corporate Goals: If employees don't know what the goals are, how can you expect them to help you get there?
2. Organization Chart: Knowing who reports to whom is critical in order to streamline the work process.
3. Your Individual Goals: If employees know what drives you, they can more easily help you get there.

When I was in sales management, I even shared my bonus and compensation plans with my staff. By understanding how I got paid, they understood why I was doing what I was doing.

Withholding information creates mistrust; it confuses employees; and it does not help your ultimate objective, which should be to get your entire team to be on the same page, thus celebrating goal achievement.

From AZ Central via Microchip Technology Inc. Chief Executive Officer Steve Sanghi.