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