The HR Cafe

Preventing workplace violence: four must-have HR measures

Dear HR Executive,

Every reasonable employer wants to keep employees safe from workplace violence. But does your organization recognize the key part HR should play in the effort to minimize this disruptive and dangerous problem?

Maybe not.

According to the Bureau of Labor Statistics, fewer than 30% of American workplaces have a violence prevention policy in place. And policy, as a rule, is squarely an HR responsibility.

Of course, HR won’t be the only player in a violence prevention effort. You’ll likely be teaming with Security, Facilities Management and/or Safety. The degree of involvement of each function will depend, in part, on the kind of business you’re in.

HR’s fourfold role

HR’s role is fourfold, according to a violence prevention method elaborated by Melissa Fleischer, an employment lawyer and HR consultant.

She calls it PETSPD, for Policy, Emergency planning, Training of employees, Safe-workplace measures and Progressive Discipline.

HR has a significant role in steps 1, 3, 4, and 5. (Somebody else is likely to honcho emergency planning, step 2.)

Let’s look at each of these in turn:

Policy

The first task of a workplace violence policy is to define the term. OSHA, under whose general duty clause employers must provide a safe workplace, recommends including the following in your definition:

• verbal harassment (oral or written)
• threats
• physical and sexual attacks
• murder
• arson, and
• sabotage.

The policy should be inclusive, prohibiting violence by or against employees, customers, clients/patients, and visitors – like friends or family of an employee.

And it should cover not only the workplace itself, but also parking lots, field locations, clients’ homes (where applicable) and travel to and from work assignments.

Key: An effective policy must require that employees report any violence, and direct them to the proper people to make their report. The policy should also bar any retaliation against someone who does report violence.

Training

Insofar as training lies in HR’s domain, you’ll want to instruct both managers and employees about the policy and its reporting provisions.

It’s also a good idea to train on the following topics:

1. the economic impact of violence on your organization and others, and
2. the warning signs that someone – within the organization or from outside – may be on the verge of violence. Among these signs are:
   
   • an abnormally confrontational attitude
   • paranoia – “everybody’s out to get me.”
   • excessive profanity/obscene language
   • repeated angry outbursts
   • bragging to co-workers about guns or other dangerous weapons
   • fantasizing about attacking someone
   • sudden withdrawal from social contact
   • physical manifestations of substance abuse
   • frequent absenteeism, and
   • radical changes in appearance or hygiene.

Safe-workplace measures

Some of these safety measures have more to do with Facilities Management than HR – such physical modifications as lighting, locks or barriers.

But HR is also involved in this step, by doing the right pre-employment homework and making sure employees go through exit interviews.

1. Pre-employment musts include background and reference checks, with special attention to whether the applicant has ever been fired or disciplined for workplace violence.
2. Exit interviews should assess how any terminated employee feels. Unusual hostility is an obvious warning sign. Less obvious may be the risk posed by someone who has resigned. If the person has quit out of frustration and resentment, this could presage violence later. Exit interviews can do double duty, as the interviewer reclaims work ID, keys, access cards and the like.

Progressive discipline

The policy you’ve drafted should make violence punishable by discipline up to and including termination. Applying the policy properly is key.

Progressive discipline may be appropriate where the violence, as broadly defined, hasn’t resulted in actual physical harm – in the case of verbal harassment, for instance.

But don’t hesitate to move immediately to termination when an employee has caused physical or material damage, or poses an immediate threat of such damage. 

Dave Clemens

Editor-in-Chief

Dave Clemens
Editor in Chief
HR Rapid Learning Center

UNLIMITED-ACCESS FREE TRIAL -- RAPID E-LEARNING LIBRARY FOR COMPLIANCE, LEADERSHIPSHIP AND HR: Finally, concise, fast-paced online training that your people will actually watch? Our modules, called Quick Takes, are just six to 10 minutes long. Quick Takes are an amazingly effective and affordable way to train yourself, your HR staff and your managers and supervisors? Sign up for a risk-free trial to the HR Rapid Learning Center. Want to see what it's about before you sign up for a trial? Check out just one program from our huge library of content. It's an eight-minute "Quick Take" training module called "Why 80% of Training Doesn't Stick."

FMLA: Military caregiver leave expands

Dear HR Executive,

It was a big change in the FMLA when, two years ago, the government started requiring employers to approve leave for caregivers to family members injured while on military service.

Now, those caregiver leave rights have been expanded. President Obama just signed into law a bill that makes caregiver leave available to employees whose service members were injured for up to five years after their departure from the military. 

That's a big shift. Previously, injured service members had to be on active duty with the armed forces, National Guard or reserves before their relatives could take FMLA leave from their jobs to care for them.

Exigency leave

Another change: Originally, employees couldn't take FMLA leave when a family member's pre-existing health condition was aggravated by military service. But now they will be able to do so.

Remember, military caregiver leave provides up to 26 weeks of leave, compared with the usual limit of 12 weeks for non-military FMLA leave.

The new law also liberalizes the other type of FMLA military leave: so-called "qualifying exigency" leave. That's the 12 weeks of leave you have to grant eligible employees when a family member is called to active duty in the Guard or reserves.

Now, employers must also authorize exigency leave when a family member in the regular armed forces is deployed outside the U.S.

DOL will be issuing regulations implementing the new leave provisions, and we'll keep you posted on them when they come out.

Dave Clemens

Editor-in-Chief

HR Rapid Learning Center

UNLIMITED-ACCESS FREE TRIAL -- RAPID E-LEARNING LIBRARY FOR COMPLIANCE, LEADERSHIPSHIP AND HR: Finally, concise, fast-paced online training that your people will actually watch? Our modules, called Quick Takes, are just six to 10 minutes long. Quick Takes are an amazingly effective and affordable way to train yourself, your HR staff and your managers and supervisors? Sign up for a risk-free trial to the HR Rapid Learning Center. Want to see what it's about before you sign up for a trial? Check out just one program from our huge library of content. It's an eight-minute "Quick Take" training module called "Why 80% of Training Doesn't Stick."

Compensation: The legal perils of stonewalling a raise request

Dear HR Executive:

It's not great employee relations to stonewall someone's request for a raise. And now it appears it can also raise legal warning flags.

A federal appeals court recently ruled that as far as pay discrimination law is concerned, ignoring an employee’s request for a raise is the same as denying it.

The court was deciding a Pennsylvania case in which a female employee complained she was paid less than comparable men. The court said the employer’s failure to respond to her raise request amounted to a “compensation decision.” And compensation decisions are covered by Title VII, the federal law outlawing sex discrimination.

Long-term consequences

Under the Lily Ledbetter Fair Pay Act of 2007, each allegedly discriminatory paycheck arising from a compensation decision is a separate violation of Title VII.

In practice, this means employees can bring legal action based on an initial pay decision going back years, as long as they file an EEOC charge within 300 days of their last allegedly discriminatory paycheck.

Giving an answer

In light of this decision, HR may want to:

• Review your compensation communication policy with line managers so they know what to say when approached for a raise, and
• Make sure you have documented, non-discriminatory support for the level of each employee’s pay.

Dave Clemens

Editor-in-Chief

HR Rapid Learning Center

UPCOMING AUDIO CONFERENCE: Don't miss B21’s upcoming audio conference , "Exempt or Nonexempt? Prepare for More Aggressive Wage & Hour Enforcement Under Obama".  On Wednesday, November 4, our speaker, Edward Bergmann, Esq., will lay out for HR executives a detailed overview of the white-collar exemptions, providing specific, practical examples showing how they’re applied. The course will also highlight the “hot spots” -- those areas where employers are prone to make classification mistakes, and offer advice for conducting audits.

EEOC lowers its sights -- and you could be caught in the crosshairs

Dear HR Professional:

Employment lawyer Mindy Chapman uses a popcorn metaphor to illustrate the EEOC’s current enforcement strategy:

Instead of confining itself to discrimination cases where the stakes are in the millions of dollars – or even the high hundreds of thousands – the agency is now pursuing lots of smaller cases. Settlements may be in the $40,000-$90,000 range. Together, these “popcorn-sized” amounts make a big bowl.

August 2009’s three-week total of $3.9 million included settlements of $44,700; $26,250; $45,000; $84,750; $57,500; and $30,000.

It's not just the money
Hits of this size are unlikely to bankrupt most employers, especially if they’re insured against such liability.

But as Chapman notes, no matter how big a settlement is, the impact is the same in terms of the distraction from normal business, the negative impact on organizational culture, and the bad publicity.

Moreover, a typical settlement of an EEOC lawsuit doesn’t mean only an immediate cash hit. It can also mean major intrusions on the way you do business, for up to five years. Chapman calls these burdens “salt” – on popcorn, or on a wound.

Laundry list
Here are a few of the things the EEOC can demand you do as part of a settlement:

• provide annual EEO training to your entire workforce
• rewrite and distribute EEO policies
• hire a full-time diversity officer 
• consent to surprise visits by an EEOC monitor at any time 
• submit compliance reports every 30, 60, or 90 days, and 
• set up an independent, toll-free hotline for bias complaints.

Does HR want to complicate its life like this? Didn't think so. That leaves you with one choice: Make sure you have a strong anti-discrimination policy and let line managers know helping you enforce it is a big part of their job.

Dave Clemens
Editor-in-Chief
HR Rapid Learning Center

UNLIMITED-ACCESS FREE TRIAL -- RAPID E-LEARNING LIBRARY FOR COMPLIANCE, LEADERSHIPSHIP AND HR: Finally, concise, fast-paced online training that your people will actually watch? Our modules, called Quick Takes, are just six to 10 minutes long. Quick Takes are an amazingly effective and affordable way to train yourself, your HR staff and your managers and supervisors? Sign up for a risk-free trial to the HR Rapid Learning Center. Want to see what it's about before you sign up for a trial? Check out just one program from our huge library of content. It's an eight-minute "Quick Take" training module called "Why 80% of Training Doesn't Stick."

Supervisors lack time to supervise

Dear HR Executive,

How much time do the supervisors in your company spend actually supervising? If we can believe a new study from McKinsey & Co., maybe not as much time as they should.

McKinsey found that supervisors of a single business unit spent on average just 25-30% of their time working with, coaching and training line employees. (For some it was as little as 10%.) The rest of the time was spent on administration, meetings, special projects, breaks and the like.

The study covered a range of industries, including retail, manufacturing, B2B sales and transportation.

Get your own numbers
You might want to work up your own numbers by quizzing some of your front-line supervisors.

If you don’t like the results, you could start by reviewing – and perhaps modifying – supervisors’ job descriptions. Are they expected to float a boatload of admin stuff? Also, do they have too many employees to effectively watch over? McKinsey suggests a supervisor have no more than about a dozen direct reports.

Sure, the structure of departments and teams isn't exclusively HR's call. But you have a clear interest in ensuring that supervisors aren't so overwhelmed they neglect important stuff like progressive discipline and documentation of behavioral or performance issues.

Dave Clemens

Editor-in-Chief

HR Rapid Learning Center

UPCOMING AUDIO CONFERENCE: Don't miss B21’s upcoming audio conference , "Recognition Strategies: Low-Cost, High-Impact Ways to Boost Performance".  On Tuesday, November 17, our speaker, Valerie Grubb, will lay out the most common mistakes companies make with employee recognition. And she’ll give you a blueprint for creating a recognition program that’s aligned with your company goals and in sync with the needs of your workforce in today’s economy.

Employee benefits: They’re long gone, but their 401(k) money isn’t

Dear HR Executive,

If your organization is like many others, you don’t like to hang on to the small balances in 401(k) accounts whose holders have left your employ.

In fact, you aren’t legally obliged to keep vested balances under $5,000. If you do, it can be expensive in terms of administrative cost.

Why is this an issue? You’d think that departing employees would have a plan for their 401(k) balances, but this isn’t always the case.

Static Assets

The evidence: Research from the Charles M. Schwab investment company indicates that 43% of 401(k) assets owned by people who left their jobs in the first three months of 2008 still hadn’t been moved a year later.

So what’s your duty to former employees who have left small balances in your 401(k) program that you want to clear out?

Under IRS rules, you have to inform them of their options – which include rolling the money into a new employer’s plan or an IRA, or taking a cash distribution. (The latter option isn’t terribly attractive, because it incurs an immediate 10% tax penalty and the distribution has to be reported as personal income.)

And the best way to inform them – the way that ensures your 401(k) will continue to pass muster with the IRS – has just changed.

New Notices

Recognizing legal changes over the past decade, the IRS has issued new model notices for departed employees who have either traditional 401(k) assets and/or so-called “Roth” – or post-tax – assets. There’s a different notice for each. (The IRS claims these new notices are also simpler.)

To be sure you’re in tax compliance, you may want to download the new notices from the IRS website.

Dave Clemens

Editor-in-Chief

HR Rapid Learning Center

Recruiting: It's not repetitious to have candidates recap their resumes

Dear HR Executive,

Obviously, a well prepared hiring manager always thoroughly reviews a candidate’s resume before the interview.

So why would you, or one of your line managers, ask the person to talk you through the resume? Aren't you wasting valuable time on repetition?

Nope. The fact is, this exercise can yield a bonanza of information about the candidate’s communication skills.

What to look for

As the candidate talks, consider: 

• Is the person a good speaker? Does he speak assertively or hesitantly? Does he make eye contact? Also observe body language. Is she sitting with crossed arms or in a relaxed posture? The former may indicate something’s being hidden.
• Is the candidate a good presenter? If asked to speak for five minutes does she drone on for 20? Or zip through in two? Does this person organize his thoughts well?
• Does the candidate gloss over ambiguous areas of the resume or take the opportunity to explain them? Addressing resume gaps directly shows confidence while avoiding them may signal trouble spots.
• Does the candidate speak positively or negatively about former employers and colleagues? Does he or she take sole credit for successes?

Tuning in to the signals

If you listen carefully during the resume recap, you'll often turn up strong "buy" or "avoid" signals that weren't evident from the paper or electronic file you first looked at.

Have you ever found out something important -- positive or negative -- by asking an applicant to speak his or her resume during the interview? If so, we'd love for you to share it. Send us a comment.

Dave Clemens

Editor-in-Chief

HR Rapid Learning Center

UPCOMING AUDIO CONFERENCE: Don't miss B21’s upcoming audio conference , "Advanced Morale Boosting: How to Keep Employees Up When Things Are Looking Down"  On Thursday, October 29, our speaker, Valerie Grubb, will lay out the five most common mistakes companies make that kill employee morale in difficult financial times. And she will give you a blueprint for how to realign employees and get them back on track to focusing on company goals.

Employee grief: How can you help?

Dear HR Executive,

Many of us have a hard time dealing with death. At work, this often means bereaved employees don’t get the kind of help they need.

Here are three suggestions for dealing with grieving employees:

1. Offer a hand
People in the throes of grief can be overwhelmed by simple tasks. Ask co-workers to pick up a portion of the bereaved’s duties. Or even ask for volunteers to do chores like pick up the person’s dry cleaning.

2. Watch for warning signs
Many bereaved people “snap out of it” eventually without outside assistance. But some don’t. Have managers and co-workers watch for signs that outside help may be needed: failure to show any emotion, lapses in personal hygiene, increased absenteeism, weight loss.

3. Bring in an expert
Nobody is better trained to deal with grief than hospice personnel. Contact a local hospice if a bereaved needs professional counselling.

Helping people at times like these is both humane and good business. When the grief subsides, they'll remember that their employer cared.

Dave Clemens

Editor-in-Chief

HR Rapid Learning Center

ADA: Medical leave as accommodation? EEOC thinks so

Dear HR Executive,

It seems entirely reasonable for an employer to terminate employees who exceed a certain amount of medical leave. After all, you can’t be expected to carry people who're unable to work on the payroll indefinitely.

But if the EEOC has its way, you might be violating the ADA if you did get rid of such employees.

‘Arbitrary, inflexible’

The federal employment law watchdog recently filed lawsuits against two employers that applied policies calling for the termination of employees after one year’s absence on medical leave.

The EEOC said “arbitrary deadlines” for returning to work after medical treatment unfairly keep disabled employees from working.

And just last month, another employer, Sears Roebuck, settled a similar suit against it for $6.2 million -- the biggest settlement ever of an ADA lawsuit by the EEOC. The Sears suit was about what the agency called an "inflexible" policy on the exhaustion of workers comp leave.

ADA revisionism

Maybe the EEOC is right on this point. Or maybe the EEOC is reinterpreting and unilaterally extending the scope of the ADA, which specifies that its protection extends only to employees who are able to fulfill their job duties with or without accommodation.

Are employees who can’t work due to long illness or effects of injury “able to fulfill their job duties”? It looks as if we’ll have to wait for the courts to say. We’ll keep you posted on these cases.

Meantime, you may want to check your disability leave policies and see whether they give you and line managers some flexibility to negotiate employees’ return-to-work dates.

Dave Clemens

Editor-in-Chief

HR Rapid Learning Center

UPCOMING AUDIO CONFERENCE: Don't miss B21’s upcoming audio conference , "How to Curb FMLA Intermittent Leave Abuse: New Tools."  It’s no secret that a few bad apples exploit the complexity of the Family and Medical Leave Act, taking advantage of employers who fear they’ll get sued if they try to stop abuse. And you know all too well what happens when you fail to confront abuse: productivity and morale suffer. On Tuesday, November 3, our speaker, Linda Hollinshead, Esq., will show you how to attack this nagging problem with confidence, rein in abuses, and prevent FMLA malingerers from hurting your company’s bottom line.

Legal compliance: Singin' the EEOC jailhouse blues

Dear HR Executive,

A knock on the door. A voice from outside: “This is the EEOC. Open up. You’re under arrest.”

Far-fetched? Nope. This is pretty much what happened recently to the owner of a Chicago health care firm.

ShoreKare LLC ignored two EEOC subpoenas and a court order demanding information about a discrimination charge. A judge then issued a civil arrest warrant, and U.S. Marshals physically hauled the owner to court.

Scare tactics
Think the EEOC wants to scare recalcitrant employers? Yep. Why else would the agency put out a press release about the defiant Chicago man?

If you get an EEOC subpoena, you needn’t obey it blindly. If you or your lawyers think it’s a fishing expedition, you can ask a federal court to narrow its scope. But you can’t close your eyes and hope it’ll go away.

Dave Clemens

Editor-in-Chief

HR Rapid Learning Center

Employee wellness: How to present it so your C-suite will love it

Dear HR Executive,

Thoughtful HR pros are committed to the concept of employee wellness, and have been for a long time.

But when it comes to selling wellness to the C-suite, you may have a battle on your hands – especially at a time of slow economic growth, when CEOs and CFOs are scrutinizing every expenditure with skepticism.

What’s the best way to close the wellness deal with these folks? You might want to consider a double-barreled approach: 

• A business case that links wellness to the concerns of the C-suite, and
• A wellness program for your organization that costs very little.

The business case
As part of the business case, you could use ROI, or return on investment. Studies estimate that for every dollar spent on wellness, employers reap $1.50-$5 through lower insurance costs, reduced absenteeism, etc.

These are impressive numbers.  But unfortunately, many of them come from wellness providers who can hardly be seen as objective sources. And although various ROI calculators are available, it’s tough to be sure what your ROI would be on a new or improved wellness plan.

Competitive edge

Another way to make the case for wellness comes from Don Powell, a Michigan-based consultant.

Here's his argument: Companies find it hard these days to carve out a competitive edge. They’ve wrung most of the advantages out of training, equipment and capital. But companies can still differentiate themselves through employee health.

Healthy workers make better decisions, work harder and have more endurance. Maintaining and improving employee health is tantamount to raising the quality of the goods and/or services you produce, Powell says. 

Once you’ve made the business case, it’s time for the clincher: You can bring these benefits home at very low cost. Here are four affordable elements you can incorporate into a wellness plan:

1. Get them walking
It’s great to give people incentives to work out at a gym or engage in some other intensive form of exercise. The fact is, however, that some employees will never be “gym rats.” 

But everyone is a walker. Nudging folks to walk more than to and from their cars will affect conditions like obesity and hypertension. You could:

• Post maps of walking trails near your facility. These needn’t be wooded or scenic – they can loop through residential or commercial areas, and
• Organize competitions to see which department or team can post the best weekly or monthly mileages.

2. Promote Good Eating
Employees who eat unrefined foods, whole grains, and fruits and vegetables will have more vitality and find it easier to keep weight off. To encourage people to eat right, you could:

• Promote membership in whole food co-ops and sustainable producers like consumer supported agriculture (CSA) farms. Discuss group discounts with these organizations, and
• Set up lunchtime “tastings” where people bring favorite healthy recipes. Give the winners small prizes.

3. Encourage de-stressing
High stress correlates with problems ranging from suppressed immune systems to heart disease. To help employees bust stress, you could:

• Organize regular “stress breaks” where employees can stretch and bend away from their desks, and
• Get a teacher of yoga or other meditation/relaxation techniques to come in once a week.

4. Check Up
Whatever wellness steps you take, it’s important to verify that people are indeed benefiting. You want something to show your top management. Plus, employees who see demonstrated health improvement are motivated to continue. 

So before people begin, get a doctor to record their baseline weight, blood pressure and pulse rate at rest. Check the indicators periodically and reward those who’ve shown improvement. For the C-suite, you could also track absenteeism and medical claims.

But watch out...
Wellness programs tend to fail if they ask employees to make major changes in their lifestyle.

Whatever you do, it’s best to take behaviors employees already engage in, and tweak them in a healthier direction.

Dave Clemens

Editor-in-Chief

HR Rapid Learning Center

UPCOMING AUDIO CONFERENCE: Don't miss B21’s upcoming audio conference , "Advanced Morale Boosting: How to Keep Employees Up When Things Are Looking Down"  On Thursday, October 29, our speaker, Valerie Grubb, will lay out the five most common mistakes companies make that kill employee morale in difficult financial times. And she will give you a blueprint for how to realign employees and get them back on track to focusing on company goals.

Employee morale: Choosing the right techniques to boost it

Dear HR Executive,

Some of the morale-boosting tools available to managers and HR are less effective than others in tough environments. 

For instance, an office party may seem like whistling past the graveyard when everyone knows things aren’t going so smoothly.

Here are four morale-building techniques that are particularly appropriate at times of challenge – like right now:

1. Training
Nothing speaks to your belief in the future like helping employees perfect existing skills or acquire new ones. Training does double duty – it improves people’s skill set while assuring them that you’ll want them around in years to come.

2. Service projects
Organize a service project through Habitat for Humanity or a local charity. It will build team spirit and also give employees new perspective through a close-up look at folks who are worse off than themselves.

3. Extra contact
Challenging times call for extra reassurance from HR and line managers. Even if you don’t have an operational need for weekly or bimonthly meetings, consider holding such sessions to regularly address employees’ questions or concerns. You don’t have to do this forever – relax the schedule when the business picture starts to look up or employee concerns lessen.

4. Support in controversy
At some point, almost every employee’s work is challenged – by a customer,  a vendor, or another manager. If employees run into problems despite following proper procedures, their managers should step in and tactfully back them up. People who already feel under the gun because of the economic situation will appreciate this – a lot.

Dave Clemens

Editor-in-Chief

HR Rapid Learning Center

UPCOMING AUDIO CONFERENCE: Don't miss B21’s upcoming audio conference , "Advanced Morale Boosting: How to Keep Employees Up When Things Are Looking Down"  On Thursday, October 29, our speaker, Valerie Grubb, will lay out the five most common mistakes companies make that kill employee morale in difficult financial times. And she will give you a blueprint for how to realign employees and get them back on track to focusing on company goals.

Recruiting: Outsourcing won’t immunize you from bias charges

Dear HR Executive,

Do you outsource any of your recruiting and hiring? Some employers see advantages in having outside contractors undertake these processes -- among them, economy of scale, uniformity and cost.

But one thing outsourcing your job searches won't do: protect you from discrimination charges. A recent legal case makes the point. Here's what happened:

A New York City-based employer used an independent contractor to interview potential salespeople. The contractor allegedly told a candidate he was “too old” for the job. The rejected candidate sued for age discrimination. 

A lower court threw the candidate’s case out, on grounds that the interviewer wasn’t an employee of the company. But the appeals court said this decision was incorrect.

Employer is responsible

If an employer gives a third-party contractor authority to interview applicants and make hiring decisions on its behalf, the employer can be held responsible if the contractor discriminates on the basis of age, sex, race or other protected characteristics. That’s the law, the appeals court said.

If you do decide to outsource a search or searches, it’s a good idea to:

• have the outsourcer commit in writing to follow all your policies, including those against discrimination in hiring, and
• spot check to make sure minority/over-40/disabled candidates aren’t being routinely weeded out. 

Dave Clemens

Editor-in-Chief

Human Resources Rapid Learning Center

Keeping employees focused on the mission

Dear HR Executive,

It’s been a tough couple of years in the workplace: The Four Horsemen of Recession – layoffs, salary freezes, disappearing bonuses and heavier workloads – have combined to disillusion even the most enthusiastic employees.

These issues are larger than your company, of course. But they can still leave workers focused more on getting through the day than moving the mission forward.

And if you don’t address them, they can undermine all of your efforts to spur people to high performance. 

It’s all about trust
Recession-linked cost cutting, in and of itself, isn’t what makes people lose faith. They stop believing in the mission when they can no longer trust the organization.

Organizational dynamics expert Lior Arussy cites four big employee trust-busters, and offers ideas on what you can do to keep people committed to the vision:

1. Acting funny about money
Money’s always a touchy topic, and when it’s in short supply, it’s tempting for managers to say little and promise nothing. The best way to build trust is to overcommunicate about the company’s finances.

Consider these steps:

• Together with top management, put out the message that the organization has a realistic turnaround strategy. Communicate this message frequently and consistently.
• Facilitate venting and discussion of legitimate concerns. Suggest that managers keep their doors open to worried employees. Even if the news is bad, silence is worse.
• Anticipate workers’ concerns and address them proactively: “We can’t do anything about raises right now, but we haven’t forgotten.”
• Focus employees on what they can control. They can’t control big economic trends, but they can control, say, customer satisfaction. A sense of control will help restore morale and trust.

2. Business losses
When a new or newly aggressive competitor takes a chunk out of your business, employees will wonder whether the organization is still on track and if the mission still makes sense.

Here’s what HR can do to build trust in the face of a competitive challenge:

• Encourage your naturally resilient employees to speak up. Some people are energized by competition. Recruit them to lead the charge.
• Target negative “opinion leaders.” To counter the grapevine, put out a positive message without minimizing or ignoring the threat: “Yes, we are facing more pressure from low-cost producers. And here’s how we are responding.”

3. Ignoring veterans
Over time, even the most highly motivated employees can lose their edge and their commitment to the mission. It’s just human nature.

Don’t assume veteran workers are too jaded to motivate. It’s worth re-selling and re-energize these veterans: They remain key players because of their organizational knowledge and wisdom.

Put a fresh face on the mission. For example, share recent positive feedback to emphasize the value your organization provides to customers – value the veteran once knew about but may have forgotten.

4. Changing direction
Often your most committed employees are heavily invested in the most familiar course of action. 

When the organization shifts course, these people may become skeptical. They may try to “protect” the status quo, especially if they think customers were better served before the change. 

HR and line managers can help beat this skepticism by letting them have their say. Hear them out first, then help them see why the new direction is necessary.

Dave Clemens

Editor-in-Chief

Human Resources Rapid Learning Center

UPCOMING AUDIO CONFERENCE: Don't miss B21’s upcoming audio conference , "Performance Management: Why Alignment is Now Priority #1 - and How to Achieve it"  On Wednesday, October 21, our speaker, Christopher D. Lee, Ph.D., SPHR, will provide you with a host of tips, tricks, tools and techniques you can use right away to transform minimally engaged employees into a workforce that goes the extra mile for your business. When you consider how directly profits are tied to the quantity and quality of the work your employees can contribute – or decide to withhold – can you really afford to miss an opportunity that could give your company the edge if needs to succeed?

ADA: Drug testing must be carefully targeted

Dear HR Executive,

If you test employees for illegal drug use, you probably have good reason. But be careful you don’t cast your net too wide.

A Michigan-based auto parts maker did, and got itself sued by the EEOC.

The company, Dura Automotive, tested employees for five controlled substances. But the test also detected seven more classes of legal prescription drugs.

Forbidden medical inquiries

Worse, the EEOC claimed, the employer forced employees to disclose the medical conditions for which they were taking the legal drugs, and agree to stop using them. The EEOC argued that there was no evidence any of these drugs were affecting job performance.

The EEOC suit accuses the employer of violating the Americans With Disabilities Act, which bars certain medical exams and inquiries.

Of course, testing for illegal drugs is not considered a violation of the ADA. Neither is asking employees about any current illegal drug use.

But if you do such tests or ask such questions, make sure your inquiries don't stray outside the legal framework. For more information on what's legal and what's not, check the EEOC's web page on medical inquiries and the ADA.

Dave Clemens

Editor-in-Chief

Human Resources Rapid Learning Center

UPCOMING AUDIO CONFERENCE: Don't miss B21’s upcoming audio conference , "The Pandemic H1N1 Flu: How to Plan for it – and Protect Your Company." H1N1 (formerly know as “Swine Flu”) is highly communicable and potentially deadly. The White House just issued a statement saying 50% of the U.S. population could get sick and 1.8 million could be hospitalized. This illness WILL affect your company in the coming weeks and months. Are you ready? Do you have a plan to protect both your employees and your business operations? If not, you could get caught flat-footed – which could have serious short-term and long-term consequences. Don’t let it happen. Attend this Webinar and hear crisis management consultant Jan Decker explain what you need to do BEFORE the pandemic hits.

Policies: Sometimes even HR has gotta break the rules

Dear HR Executive,

Rules are rules are rules. No exceptions: It’s easy to get into that mindset when you’re responsible for drafting and enforcing policy.

But according to leadership trainer Colleen Bracken, you hold a position of responsibility because your employer trusts your judgment. And your judgment will occasionally tell you it’s OK, even preferable, to break the rules -- or at least bend them.

Attention: Rule being bent

When you’ve determined that a particular situation is indeed that special case, always acknowledge to the others involved that you are breaking the rules, and why.

If you don’t, people may start thinking you don’t respect your own policies.

Example: “You were late again today, and under our attendance policy you should be suspended. But I understand you had your bachelor party last night. Getting married is a big deal in a person’s life, so we’re letting you off – this once.”

Bracken estimates that a good HR person will come to a rule-bending decision like this maybe 10% of the time. The exception proves the rule...

Dave Clemens

Editor-in-Chief

Human Resource Rapid Learning Center

Harassment: An issue for female managers

Dear HR Executive,

Let’s face it: When HR pros worry about sexual harassment, they’re usually more concerned with harassment against rank-and-file employees than against supervisors.

But supervisors can and do experience harassment – especially female ones.

A new study, led by University of Minnesota researcher Heather McLaughlin, found that female supervisors are actually more likely than regular female employees to suffer harassment.

In the study of 1,000 young adults, about half of females who had held supervisory roles at work reported they were harassed. By contrast, one third of frontline female employees said they’d been.

The study didn’t explain why harassment of female supervisors is so common.

An anti-power trip?

But some of the interviewees believed that men who harassed supervisors weren’t sexually attracted. Rather, the harassers were offended that women were in positions of authority and were trying to tear them down.

Obviously, it’s part of HR’s job to make sure no manager’s authority is unfairly undermined. Is anything like this happening to female managers in your organization?

Dave Clemens

Editor-in-Chief

Human Resources Rapid Learning Center

UPCOMING AUDIO CONFERENCE: Don't miss B21’s upcoming audio conference , "Turning Around Employees Who Need An Attitude Adjustment." Do some people in your company need an attitude adjustment? You know what we’re talking about: people with a “punch the clock” mentality who do the minimum but still expect choice project assignments, generous raises, big bonuses and flexible work hours. If they don’t get the rewards most of us associate with stardom, they whine and complain. Please join us on Tuesday, October 13 when our speaker, Carol Hacker, will show you how great managers get employees to understand that by doing more for the company, they’re doing more for themselves. 

Training: ‘I’m holding the HR director hostage’

Dear HR Executive,

Unannounced fire drills help employees prepare to evacuate in case of fire. So it’s only logical that an unannounced “safety drill” will help people learn how to respond in case of a hostage crisis. Right?

Um, no.

Instead, the company that held such a drill, in Mount Holly, NJ, got sued for assault and severe emotional distress. Here’s what happened, according to an employee who was the target of the drill: 

Co-worker as 'gunman'
The employee worked in the pharmacy of a behavioral health clinic. Her employer decided to send in a co-worker she didn’t know disguised as a masked gunman demanding narcotics, and claiming to be holding the HR director hostage.

As part of the exercise, the employer cut the phone line so the employee couldn’t summon help. Adding to her alarm, the “gunman” stood 6’, while she was just 4’11”.

You won’t be surprised to hear that the employee, instead of learning anything, was seized with terror so deep that she couldn’t work for a week and then suffered panic attacks for months afterward.

Remember to...

Few HR directors would do something this outrageous, of course, but this incident is a reminder that it’s always a good idea to:

• get a second and even a third opinion on new training ideas, and
• if you're outsourcing the training, make sure you know exactly what's in it. HR people have been unpleasantly surprised by the methods of outside trainers.

Speaking of which, what have your experiences of outside trainers -- both good and bad -- been like? Post a comment to let us know.

Dave Clemens

Editor-in-Chief

The Human Resources Rapid Learning Center

UPCOMING AUDIO CONFERENCE: Don't miss B21’s upcoming audio conference , "The Top 10 Secrets of SuperAchieving Supervisors: A Toolbox for Excelling in an Oversight Role." Do you feel that many departments in your company operate with sort of a “low-grade fever”? They function, but they have too much turnover, employees complain a lot, deadlines get missed, communication is spotty … you get the picture. The reason, in many cases, is an underperforming supervisor. A supervisory role is complex. First, you have to deal with people problems – bad attitudes, absenteeism, poor productivity, peer-to-peer conflict and a host of other issues. Second, you have to function effectively as part of a management team, where you’re directly accountable for delivering results through other people. This training program is designed to give supervisors a toolbox to help them cope with the huge responsibilities of their oversight role.

Faith-based blunders land companies in court

Dear HR Executive,

Religious beliefs at work present a balancing act – you can’t shut off every expression of faith, but you've also got a business to run. So where do you draw the line?

Two companies recently drew it wrong, according to the EEOC and the courts.

The Vail Corp., which runs the ski resort in Vail, CO, is paying $80,000 to settle an EEOC lawsuit on behalf of a Christian employee who said her boss barred her and another Christian from discussing their beliefs with each other. He also didn’t let them listen to Christian music for fear of offending others, but let others listen to lyrics promoting violence against women.

Best bet: Don’t stop people from having courteous discussions about religion, but be alert for folks who bend the ear of the unwilling.

The EEOC sued AT&T Southwest for refusing to let two Jehovah’s Witnesses attend a religious convention. AT&T paid $1.3 million after a federal appeals court upheld a jury verdict in the workers’ favor. The employees asked for a Friday off to travel to the convention. AT&T refused, saying it would cause the company undue hardship. The courts said any hardship was minimal.

Takeaway: The law allows you to refuse a religious accommodation that would cause undue hardship. But “undue” could be tough to prove. You might be better off granting the accommodation.

Dave Clemens
Editor
HR Café Newsletter

UPCOMING AUDIO CONFERENCE: Don't miss B21’s upcoming audio conference , "Religious Accommodations: What HR Must Know to Stay Out of Court."  New EEOC data shows that religious discrimination claims have doubled in the past 15 years, and the number of settlements has tripled since 1997. That won’t surprise most HR executives for two reasons: First, we’re all seeing a broader mix of religious backgrounds as workforces diversify. Second, employees have become more litigious, and they’re well aware that the law gives them the right to certain “accommodations” based on their religious beliefs. How prepared are you to deal with tricky religious accommodation issues?  Our speaker, attorney Allison West, will show you best practices for handling a wide variety of religious accommodation requests.

Merit increases on the way back

Dear HR Professional:

Given the times, you probably want to be cautious about ramping up on salaries even as business improves. But there’s one area where your organization might want to look at going a little more quickly: merit raises.  

Rebound seen in 2010
According to Watson Wyatt’s 2009-10 Strategic Rewards Report, budgets for merit raises are likely to rebound in 2010 after being squeezed in 2009.  Average merit increase budgets, as a percentage of salary, shrank from 3.5% in 2008 to a projected 2.0% in 2009.  But in 2010, the 235 employers surveyed by Watson Wyatt expect to give an average of 3.0% of salary to merit raises.

Dave Clemens
Editor-in-Chief
HR Cafe Newsletter