Practical Solutions To Your Workforce Questions

Not knowing how to deal with some problems within your workforce can make your job miserable. That’s what managers tell me all the time–and that’s why I developed the HR HelpLine.

The HR HelpLine provides expert, confidential advice on all employee issues so you can effectively run your organization. Business owners, senior managers & HR professionals use this service to solve their human resource problems and get practical advice on difficult workforce situations.

Call Rick Dacri at 207-967-0837 for a FREE initial consultation. I guarantee you’ll get the answers you need.

TOP TEN BENEFITS TO THE HR HELPLINE

10. You’ll get answers to all your workforce questions FAST Whether as basic as an attendance issue or as complicated as handling a sexual harassment claim-I’ll have expert advice for you.

9. You’ll always know how to address the difficult employee issues I’ll provide you a back to basics approach to dealing with employees–practical and uncomplicated

8. Employment law will finally be clear to you No more legalese-just straight answers–a simple, uncomplicated approach

7. You’ll always be talking to an expert whom you can trust You’ll only talk to me, Rick Dacri, who’ll find solutions for you that makes sense

Bullying: It Has To Stop

 

It keeps happening. Bullying. In the schools, playgrounds, social media, and work. We read about suicides of young people who were bullied. Now Rutger’s basketball coach Mike Rice is fired after striking and berating his players. But his termination only happened after a video of his behavior went viral.  The problem is not just in schools and with young people. Bullying is occurring on a daily basis in the workplace and employers are at a loss as to what to do about it.

Survey after survey point to widespread workplace problems. The findings of the Workplace Bullying survey conducted in 2011 found that half of the companies surveyed reported incidents of bullying. Victims report experiencing mental and emotional harm along with stress related physical damage including hypertension, gastrointestinal disorders and migraine headaches. A Canadian study even suggested that co-workers who witness bullying are also traumatized by it. And it is costing employers a lot in decreased morale, increased turnover and absenteeism, and drops in productivity—all impacting the bottom line.

So what does workplace bullying look like? Victims report a number of behaviors including verbal abuse, shouting, swearing, name calling and malicious sarcasm; hurtful gossip, rumors and lies; threats and intimidation; cruel comments and teasing; and even physical assaults.

While most bullying occurs between peers, much of it happens at the hands of supervisors directing their fury at staff.

Job Abandonment: How Should Employers Handle?

I received a question from a client who uses my HR HelpLine Service about an employee who has apparently abandoned his job. Here is the client’s question and my advice on how to handle it:

Client Question: We have an employee who has gone MIA (he has done this in the past also, apparently he has a significant drinking problem). We are in the process of terminating him for absenteeism and failing to show up for scheduled shifts. We have called his cell phone numerous times with no success at connecting with him. Is there anything we need to do on our end other than to document the reason(s) for his termination? Should we send a letter of termination to him?

 Answer: To begin, your desire to terminate is because the employee has an absenteeism problem and has failed to call in when absent, consistent with your policy. Do not discuss the alleged issue of drinking. This is not an issue unless you actually see him drinking on the job or he admits he was drinking. Stick with the issues you know: he has not shown up for his scheduled shifts and he has not called in to inform you of his absences.

 Note: Employers should never accuse or suggest that someone has been drinking or has a drinking problem. You should only discuss performance related issues. Stick to what you know or what you observe. Do not surmise, diagnose, or act simply on rumors. Focus on observable behaviors. In this case: no call, no show—repeatedly.

Since you have tried to contact him a number of times without success, you can move forward with the termination for job abandonment. Send a certified letter, return receipt. Tell him after continued absences and his failure to call in to inform you of his absence; and after your repeatedly calling him to find out where he was, you are terminating his employment due to job abandonment, consistent with your policy, as outlined in your employee handbook. Keep the letter short. You should also keep in the file his record of absences and the days and times you tried to contact him. Note that you left messages for him to call you and he did not do this.

Pay him all monies owed including any unused, accrued vacation time.

If he should contact you with a legitimate reason for not contacting you and working, then you may have to reconsider your decision. But multiple violations of your attendance and call in policy constitutes job abandonment.

If you have employee questions, call our HR HelpLine. I provide operational advice, not legal advice, on how to address difficult employee issues.

How Managers Can Raise Their Performance: 3 Uncomplicated Questions

Having a healthy, open dialogue between employees and their manager is the cornerstone to employee engagement and productivity. While the focus is often on the employee’s performance and steps needed to raise the bar on their performance, attention must also be directed on the impact the manager’s action have on it.

Managers can quickly get a sense of their impact by asking their employees, individually, 3 simple, uncomplicated questions:

 

1. What am I doing that you would like me to STOP doing?
2. What am I not doing that you would like me to START doing?
3. What am I doing that you would like me to CONTINUE doing?

              Stop/Start/Continue

 Watch the reaction as you first pose these probing questions. Most employees will be initially reluctant to respond. Being honest can have negative consequences. But with time and trust, they will respond and their responses will allow the manager to reflect upon his style, allowing him to manage better.

To remember the questions, think of a traffic light. Red for STOP, yellow for CONTINUE, and green for START.

Give it a try, and then let me know how it works out for you by responding in the comment section below.

Sick Leave Still Bad For Business

Two years ago when Maine was considering mandating paid sick leave, I wrote that I thought it was bad for business. I continue to believe this. As I stated then, no one can argue that it makes sense for employees to stay home when not feeling well.  The last thing anyone wants is to have someone preparing or serving your meal who is not well—and that’s what happens when the choice is between staying home and not receiving pay or working sick because you can’t live without your paycheck.  It is a terrible choice to have to make.

Unfortunately, as noble as the various bills being proposed throughout the country may be, as right as it feels, it is bad policy because it undermines the businesses it purports to support and ultimately hurt all employees.  Small businesses cannot afford another mandate.  Mandatory sick leave will be cost prohibitive and an administrative nightmare to manage, particularly on top of the other leave policies mandated under state and federal law.  Managing time-off policies are not easy.  Employers still struggle making sense out of the federal Family and Medical Leave Act (FMLA) and that’s been around 20 years!

One can empathize with any worker who has to work ill.  Ideally, businesses will see that sick leave benefits, voluntarily offered, provide them a competitive advantage. But mandating it is not the right thing to do. Smaller organizations often cannot afford these kinds of benefits and another mandate could potentially put them under.

What do you think? Share your comments and opinions below.

Costly Turnover Can Be Controlled

Turnover will create chaos in your organization. Supervisors will have to run their shifts short, hurting production; the scheduler’s life will be a nightmare trying to plug holes in the schedule with overtime and temps; and budgets will be busted from recruiting and training replacements, excessive overtime, and lost productivity.

Turnover can be controlled and can never be considered a cost of doing business. With top management commitment, you can increase retention by following these 3 steps:

1. Metrics: Understand the extent of the problem. Put in place some simple metrics to understand how great the problem may be; where it is occurring; when it is happening; and what managers have the highest turnover on their shifts. With this information you can then begin determining why it is occurring. This upfront analysis is essential for the success of the change process.
2. Determine the Causes: The next step is to determine why it is occurring. There are three powerful tools to provide you that information: 1) employee engagement surveys; 2) focus groups; and 3) exit interviews. The employee survey is a great barometer to help you understand what your employees are thinking. Since surveys only provide a snapshot, focus groups provide a deeper understanding of the issues. Finally, for those employees lost, exit interviews will help you understand why.
3. Follow-Up Program: Armed with this information, you can begin correcting any problems by developing a comprehensive follow-up program.

Turnover can be controlled in any organization.

Rick Dacri

Dacri & Associates, LLC

Best Buy: Inappropriate Relationship Destroys Careers

Best Buy founder Richard Schulze is stepping down as the company’s Chairman of the Board after it was revealed he failed to inform the Board when he learned that CEO Brian Dunn was having an inappropriate relationship with a female employee. Dunn resigned last month.

Once again, careers are destroyed and company reputation’s harmed because key executives do dumb things—one having a relationship with a subordinate and the other for failing to report it after receiving a written statement about it, in clear violation of their company’s policy.

 Best Buy acted appropriately in accepting both “resignations.” Their internal audit showed Dunn’s behavior was inappropriate and resulted in a negatively impacted work environment. Turns out this apparently consensual relationship was not a secret at Best Buy as the consenting partner spoke openly about her friendship.

As for Schulze, his 46 year career at Best Buy ends because his failure to report “exposed the employees to potential retaliation and the company to potential liability” according to the company.

While there has been no claim of sexual harassment, the potential exposure is there. All executives and managers can learn from this:

1. Have clear policies and procedures outlining appropriate workplace behavior;
2. Have in place policies on fraternization and sexual harassment and follow them strictly;
3. Conduct annual training;
4. When violations occur, take the appropriate actions, regardless of who may commit them—and never delay in taking action.

Finally, managers and executives must understand, having a relationship with a subordinate, whether consensual or not, is like playing with fire—eventually someone is going to get burned.

 If you and your organization need help in addressing such problems or want to take proactive steps to prevent this from happening in your company, give me a call.

 Rick Dacri

Dacri & Associates, LLC

Turnover: Star Performers Flee Current Employers

75% of chief HR Officers reported that their companies lost some of their most highest performing talent last year, that according to a Manpower Group Survey. That’s outrageous. Turnover of star performers is like severing an artery—you may survive, but if you don’t stop the bleeding fast, you’ll die.

Why are employers losing key staff and what can be done about it? To begin, it is not surprising to see this happening. I have been predicting this would happen for years. I warned that employers who did not protect their star performers would lose them to poaching and quits as soon as the economy showed signs of improvement.

 Stars are coveted and have no problem finding and securing new employment opportunities, often with significant salary increases. Keeping stars requires lots of work. As I stated in my book Uncomplicating Management, smother them with recognition, pay, opportunities, and lots of flexibility. Develop them. Identify their strengths and build upon them. Work with them. Create a performance program designed to move them to the next level of higher performance. Train them, challenge them and give them and diverse work experiences and ongoing mentoring and coaching. Invest heavily in them. They are the future. Make them your priority.

 Take immediate steps to protect your stars from poachers. Make sure they are happy with their job, boss, and position. Engage them. Ensure that their needs are met.  Treat them differently—for they are.  Remember, it is your stars that make your organization run.

 What are you doing to retain your star performers? Tell me in the comment section below.

2012 Checklist for People Management

Annual physicals are a must for good long-term health. The same applies to your organization’s people management. To start the year off right, here is your checklist:

1. Are your employees coming to work everyday, being productive, making few mistakes,  rarely getting hurt, and always willing to do whatever it takes to get the job done right?
2. Are your policies, systems, and procedures consistently being applied and compliant with state and federal employment laws?
3. Have you reviewed your employee handbook and policy manuals? Do your managers know what’s in it and are they following it?
4. Do  your supervisors have the skills and knowledge to confidently confront  most workforce issues?
5. Are you properly classifying your employees as exempt or non-exempt? Have you checked all independent contractors?
6. Have you reviewed your workers’ compensation program? Are injured employees returning to work quickly? Do you have up-to-date loss runs? Is your experience modification rating less than 1.0? Are open claims being closed?
7. Have  you provided annual sexual harassment prevention training for managers and employees? Have you distributed your policy to all employees? Do employees understand that harassment will never be tolerated? Do supervisors  understand their responsibilities? Are complaints being properly and promptly investigated?
8. Is  your performance management program working? Are you seeing an improvement  in employee’s performance? Are employee goals being met? Are supervisors trained to give appraisals? Are employees educated to receive appraisals?
9. Are you growing and developing your people? Are training programs in place?  Are skills being developed? Are employees being coached? Is performance  improving?
10. Are  you successfully recruiting star performers? Do you have a recruitment brand that draws candidates to your door?
11. Are your compensation programs working? Are you getting value for your payroll  dollars?   Are your wages competitive with the market?
12. Do  your employees know what is expected of them? Do you have clear accountability systems in place? Is performance consistently improving?
13. Are you confident that your employees are doing the right things when dealing  with your customers?
14. Are you retaining your best people? Do you have a plan in place to ensure that your stars will not be poached by outside recruiters?
15. Have you put in place succession plans in case you lose a key employee?
16. Are  you confident that things will be better this year than they were last year?

Fostering an environment where employees are “willing to give their all” to guarantee the success of your organization is paramount.  When managers take care of their employees and inspire them and when employees believe in their boss and their organizations, then success is guaranteed. This is pragmatic, uncomplicated, bottom line approach to business and the right medicine for 2012 and beyond.

 

Harassment Claim: 1st Circuit States Employee’s Failure to Notify Employer of Repeat Harassment Fatal to Claim

( Moulison North, a Dacri & Associates ,client, was successful in this case because, when faced with an employee complaint of harassment, the CEO, Ken Moulison, did all the right things to address the problem. Having in place an anti-harassment and discrimination program, developed by Dacri & Associates and following the guidelines set forth in the program, resulted in a winning verdict for the company).

 An oral reprimand was an adequate response to an initial report of racial taunting, and a complaint of continued harassment made to a nonsupervisory leadperson did not trigger a duty in an employer to take further action or render it liable for harassment, according to the 1st Circuit Court of Appeals.

Employers may be held liable under Title VII of the Civil Rights Act of 1964 if they are responsible for creating or tolerating a hostile work environment. To recover for employee harassment by co-workers, an employee must show the employer knew or should have known of the harassment and failed to take prompt, appropriate remedial action. The answers to the questions of when knowledge is imputed to an employer and what constitutes appropriate remedial action depend on the circumstances.

Shortly after Arthur Wilson began working for the electrical utility contractor Moulison N. Corp., his co-workers began taunting him with racial epithets. The leadperson on the crew overheard and told them to stop, but the conduct continued.

Following the company policy as stated in the employee handbook,Wilson reported the conduct to the company’s owner and chief executive officer. The next day, the CEO visited the work site and berated the harassers, who did not deny making the racial slurs. The CEO warned them that repeat conduct would result in their dismissal. The CEO then apologized to Wilson for their conduct and told Wilson they would be dismissed if the conduct continued and to report any further problems to him without delay.

One of the employees continued to taunt Wilson, and his work relationships with others deteriorated. However,Wilson reported this only to the leadperson, and the leadperson took no action in response.

Wilson brought suit alleging a racially hostile work environment and retaliation. The district court granted summary judgment for the employer, and Wilson appealed only the hostile environment claim.

Wilson argued first that a verbal reprimand and warning was too mild given the nature of the conduct. The 1st Circuit held that an employer must be accorded some flexibility in selecting appropriate sanctions for particular instances of employee misconduct. The court offered that, “barring exceptional circumstances (not present here), a reasoned application of progressive discipline will ordinarily constitute an appropriate response to most instances of employee misconduct.”

In this case, the court had before it no evidence that the perpetrators were repeat offenders, that racial discrimination was a long-standing problem for the employer or that the employer had a history of inconsistent discipline. The employer’s response was consistent with its anti-harassment policy and the punishment fit the crime. The employer’s action need not be such as will satisfy the complainant. The court rejected plaintiff’s argument that the warning was inadequate because it was ineffective as “nothing more than a post-hoc rationalization.”

Wilson’s second argument—that his second complaint to the leadperson put the employer on notice and created a basis for liability—failed because the court found the leadperson was not a supervisor. The policy directed employees to report harassment to a supervisor or an owner, and neither the CEO nor the policy had designated the leadperson to receive such complaints.Wilson had many opportunities to complain to the CEO and offered no explanation for failing to do so when the CEO had specifically directed him to report any further problems to him without delay.

Wilson v. Moulison N. Corp., 1st Cir., No. 10-1387 (March 21, 2011).

Professional Pointer Adequate steps to prevent and correct harassment include addressing the possibility it may continue, despite disciplinary action. In addition to the steps described above, employers should check back periodically with employees who report harassment to ask if it has recurred, follow through on any further complaints and document these efforts.

This article was written by Susan M. Schaecher, an attorney with Stettner Miller PC, for SHRM.