Tag Archives: HR HelpLine

NEW How To Make Managing Easy Webinar Series

This program has been postponed

Answers to

Complex Workplace Issues Managers Struggle With new 2

 Five, 60-Minute Webinars

Begins Wednesday, April 20 @ 2PM ET

Ask any manager what’s the hardest part of their job and you’ll hear the same thing: “Managing People!”

Not the technical aspects of their job, not the budgeting, or even the dealing with customers. It’s the people aspect of it. Managing people is just plain hard.

And it is. You can read a lot of articles and books discussing the theory of management, but when you’re face to face with an employee, theory, fads and the latest gimmicks go flying out the window, so you better really know what to do.

For over 25 years I’ve advised managers and supervisors on what to do and say when faced with an employee. I’ve always provided practical, understandable and uncomplicated techniques designed to deal with the situation, making the job as a manager easier and ultimately making managers better at their jobs. And it works. I know because managers repeatedly tell me I’ve helped. And I even wrote a book about it, which you can get.

I know that when you understand what you have to do, how to do it and what to say (and not say) to your employees, you can ultimately improve overall performance, solve problems, and make your job as a manager easier. And that’s what this webinar series is all about.

  • Manage your people well, and they become happier and more productive.
  • Manage your people poorly, and performance tanks and your life is miserable.

In these 5, information packed webinars, I’ll show you how making a few essential changes and improvements to how you manage will vastly increase your effectiveness as a manager.

The 5 webinars in the “How To Make Managing Easy” series include:

  1. How to Quickly Cut Your Workers’ Compensation Costs April 20 @ 2PM

Includes role of supervisor in controlling cost; 7 steps to reduce W/C costs; spotting & preventing fraud; creating a post-injury response program; managing claims; benefits of light duty; developing a relationship with a medical provider and insurer; getting employees to return to work; and more

 

2.How to Deal with Substance Abuse & Use May 4 @ 2PM

Includes awareness of issue; performance versus diagnosis; medical marijuana; drug testing; reasonable suspicion rules; DOT requirements; drug free policies; role of supervisor; and more

 

3. How to Control Ten Difficult Conversations May 18 @ 2PM

Includes scripts/talking points; 11 steps to stress free conversations; handling emotional employees; topics: absenteeism/tardiness; poor performance; inappropriate dress; insubordination; raise in pay denial; and more

 

4. How to Discipline, Terminate & Win at Unemployment June 2 @2PM

Includes scripts/talking points; differences between discipline, counseling, coaching; lay off vs. firing vs. quitting; airtight documentation; what disqualifies an employee from collecting; how to lose an unemployment claim; what happens at a hearing; and more

5. How To Create a Respectful Work Culture June 15 @ 2PM

Includes the warning signs for discrimination, harassment & bullying; what managers & supervisors must do to foster a respectful culture; how to model respectful behaviors;  scripts/talking points when talking to an alleged victim; requirements under the law; investigating a claim; addressing “he said/she said;” and more

 Here’s what you’ll learn from these 5 webinars:

  • How to quickly spot, understand and manage employee issues
  • How to confront problem employees & resolve tough issues, including attitude, performance and behavior
  • How to provide honest feedback
  • What the words you should use (“the script”) when talking to an employee
  • How to avoid stepping on a legal landmine
  • What systems and polices must you have in place & what should they include
  • What can you expect at an unemployment hearing & how you should respond
  • How to spot and address workers’ compensation fraud
  • How to handle an employee who threatens to sue
  • What to do if you suspect an employee has been drinking
  • And much, much more

Each 60-minute webinar is filled with real life examples and scripts to follow. Prior to each session and right after, you will be able to call or email me with your specific questions and feedback.

Total Cost? $125 for each individual webinar or $500 for all five, a $125 savings (20% off).

Clients of Dacri & Associates enjoy an additional 10% off. Not a bad investment for something that will dramatically make a difference in how you manage.

And yes, you can sign up for 1 or 2 or all 5 webinars if you want.

I hope you’ll join us.

Each webinar will be limited to the first 25 who sign up. They will be approximately 60 minutes in length.

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To register, call me at 207-229-5954 or email me at rick@dacri.com.

Rick Dacri Photo

Rick Dacri

 Rick

President

Dacri & Associates, LLC

207-229-5954 (Cell)

rick@dacri.com

www.dacri.com

 

P.S. Can’t make it to the live sessions? No problem, go ahead and sign up anyway. I will be recording (audio and visual) each session and each registrant will receive a link to the recording within 24 hours after the session is over.

P.P.S. Be one of the first three to sign up and I’ll send you a copy of my book Uncomplicating Management.How To Make Managing Easy

Uncomplicating Management

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Don’t Let Poor Performer Collect


images(This post by Rick Dacri, February 3, 2016)

What would you do if a marginally performing employee came to you asking you to be laid off so he could collect unemployment? 

On the one hand, the thought of ridding yourself of an underperforming employee who did not want to work for you any more sounded appealing. On the other hand you hated the prospect of letting him collect.

This was the issue facing one of my HR HelpLine clients who called me asking if there were any risks in laying him off. Business was good at the company, so he would have to be replaced, but “anyone” seemed better than this guy.

While it was tempting to dump this individual, my advice was that it was not without risk. Here are the risks:

1) You are committing fraud. In general, in order for an employee to qualify for unemployment compensation benefits the employee must be separated from employment involuntarily and without having committed misconduct. When an employee files a claim for unemployment compensation benefits, the employer is routinely solicited by the state unemployment compensation agency to provide separation information. In general, an employee who asks to be laid off would be considered to have voluntarily separated from employment and the claim for unemployment compensation benefits would be disqualified. If an employer would willfully state that an employee, who requested to be laid off, was involuntarily separated from employment, the employee’s unemployment compensation claim would probably be paid. The employer may be liable for intentionally providing false information to a state agency and for aiding another in the commission of a fraudulent act.

2. It will cost you. Unemployment compensation benefits are paid from an employer’s unemployment insurance account with the state. The employer’s account is funded by a payroll tax charged to the employer. The employer’s contribution tax rate is determined, in part, based on the employer’s experience rating. Experience is based on the dollar amount of unemployment compensation benefits paid out of an individual employer’s account on an annual basis. The more claims that are paid to former employees of a given employer, the higher the employer’s experience rating would be and the higher the payroll tax rate would be likely be. Providing false information about an employee’s termination to facilitate the employee’s ability to collect unemployment compensation benefits would tend to increase the employer’s unemployment compensation payroll tax cost unnecessarily.

3. You just opened Pandora’s box. Using unemployment as a tool to address performance problems is a poor management practice and it also send a bad message to the rest of your workforce. If employees underperform, address them. If they prefer to work elsewhere, tell them to quit. Finally, the last thing you can afford is a reputation for letting people quit and then getting a free pass to draw against your unemployment account.

The easy, short-term solution was to let him collect; the better, long-term resolution is to tackle the problem employee head-on.

If you would like to read more about the Dacri HR HelpLine, click HR HelpLine or if you’d prefer to watch a 5-minute YouTube, click HelpLine Youtube.

Other Posts You May Like:

  1. Firing Someone: Only 3 Legitimate Reasons
  2. Supervisor’s Mistake Opens Company to Lawsuit
  3. Five 2016 Workforce Challenges Screaming Down the Tracks

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Filed under Compliance, Employee Relations, Uncategorized

Sexual Harassment Outside of the Workplace

(Post by Rick Dacri, September 25, 2015)

UnknownThe issue of sexual harassment just won’t go away. Most employers work hard to make sure that they develop a workplace culture of respect, where issues of harassment are not tolerated. But it is hard enough to constantly monitor behaviors in the workplace. Do you also have to scrutinize your employees actions outside? This is a question I frequently get from clients and unfortunately, the answers is often “maybe.”

The law may apply to harassment that occurs between co-workers that takes place outside the workplace. When the conduct complained of occurs outside of the workplace, consider the following factors in assessing whether the conduct constitutes sexual harassment:

  1. Whether the event at which the conduct occurred is linked to the workplace in any way, such as at an employer-sponsored function;
  2. Whether the conduct occurred during work hours;
  3. The severity of the alleged outside-of-work conduct;
  4. The work relationship of the complainant and alleged harasser, which includes whether the alleged harasser is a supervisor and whether the alleged harasser and complainant come into contact with one another on the job;
  5. Whether the conduct adversely affected the terms and conditions of the complainant’s employment or impacted the complainant’s work environment.

If you become aware of a situation or if a complaint is presented, take it seriously. Listen to the complainant. Evaluate the situation. Contact the Dacri HR HelpLine or your attorney to determine your next steps. Just because the actions took place outside of work, does not mean the harassment did not occur. And remember, if it is determined to be harassment or not, the impact of the situation is sure to bleed into your workplace, impacting your employees, productivity and employee relations.

Other posts you may like:

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New Pregnancy Rules Require Accommodations

(This post was written by Allen Smith for SHRM. It has been edited for ease of understanding).

In its first major update of Equal Employment Opportunity Commission (EEOC) guidance on pregnancy discrimination since 1983, the agency on July 14, 2014, added provisions explaining when the Pregnancy Discrimination Act (PDA) and Americans with Disabilities Act (ADA) might require reasonable accommodations for workers with pregnancy-related disabilities or work restrictions.

Under the current guidance, Scott Fanning, an attorney with Fisher & Phillips in Chicago, said employers should be “cautious with pregnant employees. Treat them as you would anyone else.” He noted that under the guidance in terms of accommodations, pregnant employees with disabilities (which arguably might even include morning sickness or high blood pressure) have the same accommodation rights that any other individuals with disabilities would have.

Reasonable Accommodations

The guidance listed reasonable accommodations a pregnant worker with disabilities might need, such as: Continue reading

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Cultural Issues Makes Employee Uncomfortable

imagesThis question came in from one of Dacri’s HR HelpLine clients.

Question: I have a male international worker who has made one of my female non-international worker uncomfortable with some of the comments he has made to her. I am going to address this with him, but I want to make sure I handle this correctly. Some of the comments were how she needs to learn to cook for her husband and the like. She said he also has an attitude that she can’t handle some of the tasks because she is female. I know the Jamaican culture is quite different from here, so I want to let him know that he is making her uncomfortable without discounting what he believes to be true…Any insight you can provide, will be most helpful.

Expert Advice: While it is important to be sensitive to different cultures and an individuals personal beliefs, that does not give anyone license to espouse their beliefs to all. I would pull him aside, let him know that you have something to discuss with him that may make him uncomfortable, but his comments (walk him through them) are making some people uncomfortable. Let him know that this kind of language is unacceptable in the workplace and you expect it to stop immediately. At this point, stop talking and wait for his response. Assuming it goes well (it should), tell him you hope this is the end of it. Then, document your discussion. Let the female employee know you’ve talked to him and let her know if it happens again to let you know immediately. If it does happen again, I recommend a formal written warning, but let’s further discuss at that point.

It is important to be sensitive to cultural issues, but in this case, his comments are making your other employee very uncomfortable. After you address this, follow-up with the female employee in a few days to be sure everything is OK.

If you would like to learn more about Dacri’s HR HelpLine service, where you can get all your workforce questions answered, click HR HelpLine.

Other posts you may want to read:

  1. HR HelpLine: When You Need Expert Advice
  2. Body Odor: It’s a Problem Supervisors Must address
  3. Medical Marijuana: Hospitality Issues

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Filed under Employee Relations, How to, Management

Workers’ Compensation Record Retention

Posted by Rick Dacri, May 14, 2014

imagesThis question came in from one of my HR HelpLine clients in Massachusetts.

Question: How long must I retain workers compensation records for employees?

Expert Advice: Here is the information that I can share with you on record retention for Workers Compensation documents. It looks like 3 years is the rule from both an FMLA and a Workers Compensation perspective. As a best practice employers typically keep any documentation for a current employee as long as the employee remains an active employee irrespective of the three year requirement.

Medical History Items and Forms: One to Three Years
(Recommendation: Keep all medical records at least three years.)

Results of employment-related medical exam.

· Proof of compliance with government mandated tests, vaccinations.
· Copies of health-benefit enrollment forms.
· Workers’ Compensation claim records and injury reports.
· Physician statements for sick absences.
· Drug test results.
· Medical documentation for FMLA and ADA, including initial requests and compliance data.
· Acknowledgement of location of Workers’
· Compensation Board.
· Emergency medical information.
(Note: Keep OSHA records for five years after an accident, or job tenure plus thirty years if the individual is exposed to toxic substances.)

FMLA

§ 825.500 Recordkeeping requirements

(b) No particular order or form of records is required. These regulations establish no requirement that any employer revise its computerized payroll or personnel records systems to comply. However, employers must keep the records specified by these regulations for no less than three years and make them available for inspection, copying, and transcription by representatives of the Department of Labor upon request. The records may be maintained and preserved on microfilm or other basic source document of an automated data processing memory provided that adequate projection or viewing equipment is available, that the reproductions are clear and identifiable by date or pay period, and that extensions or transcriptions of the information required herein can be and are made available upon request. Records kept in computer form must be made available for transcription or copying.

There wasn’t any specific time frame from a Massachusetts stand point for retaining records but Continue reading

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Body Odor: It’s a Problem Supervisors Must Address

This question came in from one of my HR HelpLine clients.

Question: I have a stellar employee with zero performance issues. My question is, how do I tactfully address her body odor? This is a recent thing and has never been a problem for her before? This is definitely not performance related, so I was just looking for some suggestions. She is fantastic and I don’t want to offend her…Help!!

Advice: This is always a problem that must be handled very tactfully. As the manager, it’s reasonable for you to set clear expectations for hygiene at work and to enforce those standards when people are falling short of them. You need to speak with her and this is going to be an awkward conversation. There’s no way around that. This is a business issue.

The best thing you can do is to simply be honest, direct, and compassionate. Meet privately with her. Say something like, “I want to mention something and I hope I don’t offend or embarrass you. You’ve had a noticeable odor lately. It has never been a problem in the past. This is the kind of thing that people often don’t realize about themselves, so I wanted to bring it to your attention and ask you to see what you can do about it.”

Be clear that it’s a problem and ask her to take care of it. If she doesn’t and you continue to notice the problem, then you would need to talk to her again and let her know that she’s expected to come to work showered and that you’re concerned that the problem has continued after your earlier conversation. But in most cases, a one-time conversation is going to take care of the problem and you won’t need to get into consequences or warnings.

This will be a tough task for you, but you can handle. Sensitivity is the key. She is likely to thank you.

If you would like to learn more about Dacri’s HR HelpLine service, where you can get all your workforce questions answered, click HR HelpLine.

Other posts you may want to read:

 

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