Employee Relations Questions of the Week

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Inappropriate Employee Behavior Outside of Work: What Can I Do?

Question:

Employees have come to me upset because a group of employees got “a little crazy” at a recent industry conference.  The employees complaining shared that they felt like it made the company look bad since they had name tags on that included the company name.  What can I do about this?  Can I talk with them about their behavior?

Answer:

Yes, it would be an appropriate conversation with the group of employees to remind them of professional behavior when they are representing the company.  Proudly wearing the company name on their name tag, they are still seen as representatives of the company, where clients and even possibly future recruits may have witnessed this behavior leaving an unfavorable impression.

As employers, we are very limited on what we can do regarding employee’s behavior outside of work.  However, similar to social media, we do have the right to protect the company interests.  If not already in place, it would be suggested to implement a Code of Conduct or Employee Ethics policy.  This policy would state the company’s expectations of appropriate behavior from employees, even outside of work.  The company can even go as far as to put restrictions on wearing company logoed clothing / hats outside of work.  There are obvious downsides to this from a marketing perspective but when negative behavior takes the leading role, you don’t want the company name associated with it.  Policies such as these provide a notice of expectation and allows the company to take disciplinary action if they feel it is necessary.  Finally, be sure to frequently remind employees that when they are wearing anything with the company name of it, they are a representative of the company.  If they wish to over-do-it in public, that is their choice, just don’t do it in our uniform.

One of the most difficult aspects of human resources management is dealing with people. Are you getting inundated with complaints about managers or employees that take you away from more pressing matters? Are you looking for an on-going solution to combat these issues? Strategic HR has years of experience in employment relations. Visit our Employee Relations page to learn how we can help you resolve some of your toughest ER problems.

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Working Together Effectively After A Harassment Investigation

HR Question:

I have an employee that filed a complaint against their supervisor for alleged harassment.  An investigation has been completed and it was determined that there was not harassment and the issue was resolved.  I am very concerned about the employee and their supervisor being able to work effectively together in the future.  What can I do to help them move forward after this situation?

HR Answer:

That is definitely a delicate situation and one that many organizations and employees must overcome at one time or another.  It may seem easy in many instances to simply separate the two and move them to separate departments, but that is not always the best solution.  Some other options to consider may be:

Coaching the Manager

Whether this manager did anything wrong or not, they will need one-on-one coaching and guidance on how to build and repair the relationship with the individual and possibly others in the department.  The manager will need to work to regain credibility with the individual and the rest of the department.

Team Building for Groups

This can be in different forms.  Team Building (you know…the rah rah kind to be build awareness and trust) or Team Development which is more about learning about others and their strengths.  Both are great, but the latter helps us to work together as a team and appreciate others and their differences.  You know…that annoying team member who blurts out everything they are thinking?  Well…there is value in that.  Team Development helps us understand that there is value in differences and also helps Mr./Mrs. Annoying understand how their actions can be irritating to others.  All good lessons for the team.

Impactful de-brief after the investigation

How you communicate the results of the investigation to both parties can help or hurt the situation moving forward.  Clearly dealing with the issues at hand and helping each person understand the behaviors and reactions and how to deal with them in the future (if they continue) is essential.  Secondly, they must be sure to focus on the business at hand and understand who to speak with if things get uncomfortable.  Until the dust settles, you may want to suggest they have a witness around when talking.  Communication will be key, and that is challenging when your feelings are hurt.

Shake Out

Unfortunately, we’ve also seen many instances like this and the person claiming the harassment just elects to leave.  This will depend on their reaction to the outcome and how strongly they felt you found AND how valuable they are for you to prevent this.

Regardless of what route you take, it will be essential to have open and clear communications with all parties in an effort to move past the situation.

At Strategic HR, we offer a variety of team building and team development programs targeted to help get teams back on track for success. Each program is customized to meet the team’s dynamics and needs. For more information on our Team Effectiveness Programs, click here.

 

 

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Establishing a Uniform Policy

Question:

What are the pros and cons I should consider before establishing a uniform policy?

Answer:

Today, millions of employees wear corporate uniforms in the workplace.  Whether it is to clearly exhibit a company logo, make it easier for customers to identify employees, or to develop a sense of unity among the staff, they have become increasingly prevalent in the workplace.  Of course there are pros and cons to requiring this in the workplace and when considering implementing such a policy.  Before you leap, consider these pros and cons.

Pros:

• Gets the employee into a professional mindset before starting his or her shift, thus improving employee performance. 

• Employees are able to be easily identified by customers and other staff members.  Some workplaces have different uniforms for the different levels of staff members making it easier to distinguish between those with specific responsibilities (managers, trainees, etc).

• Advertising: Uniforms give companies a chance to market their brand on clothing that employees wear; especially if the job requires employees to go out in public.   

• Makes the employees feel like they are a part of a team which promotes good workplace morale. 

Cons:

• Employee opposition: Some employees may not approve of the uniforms.  This could affect job performance if he or she is not comfortable in the uniform.   

• Expensive: The cost of supplying your employees can get pricey, especially if different uniforms are required for different seasons and asking employees to pay for them can be an employment deterrent.

• Advertising:  In direct opposition to this being a “pro”, employees wearing uniform outside of business hours displaying poor behavior is not good advertising to have.

Whatever way you go, uniforms have pros and cons.  Consider the pros and the cons before implementation.  You may wish to offer a ‘compromise’.  Consider a uniform that gives employees a chance to express their individuality, while still having a standard.  For example, Target allows employees to wear their choice of an appropriate solid red top with khakis.  This shows that the company appreciates the individual, while still maintaining a collective identity for its employees. 

Having easy to read and understand policies and procedures can help alleviate a lot of problems in the workplace. Not only do they set the stage for what is deemed inappropriate, they can also provide guidelines for what is considered acceptable, and even expected, behavior. Strategic HR receives numerous requests to review and rewrite employee handbooks on a regular basis, especially with the number of recent federal guideline changes. If you haven’t updated your handbook in the last few years, now may be a good time. For more information on how we can help you with Employee Relations and employee handbooks, please visit our Employee Relations page.

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Making A Drug Free Workplace Exception

Question:

We recently acquired a company. We are a drug free workplace and conducted drug screens across the entire workforce for the new company. One employee did not pass, however, he was a top performer and highly recommended by the management of the company we acquired. Our policy does say failure to pass the drug screen could result in ‘discipline up to and including termination’. Can we make an exception? If so, what do we need to do?

Answer:

Yes – it is fine to make an exception, but it is important to document that exception!! Plus, you’ll want to let the employee know you are giving him a second chance and encourage him to visit your EAP or a rehabilitation service. You will likely want to test the employee again but keep in mind it does take awhile to get certain drugs out of the body. It would be a good idea to wait at least 60 or even 90 days before retesting.

Do difficult situations with employees keep you awake at night? Strategic HR understands how conflicts with employees can make or break your day (or a good night’s sleep). Call us when you encounter a difficult situation – we can help coach your managers, suggest solutions or advise you on a specific problem. Learn more about our Employee Relations services by visiting our Employee Relations page.

 

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Preventing A Hostile Environment

Question:

We’re hearing a lot about hostile work environments and bullying. What can we do to prevent a hostile work environment and harassment claims?

Answer:

Recent court decisions illustrate the need for employers to elevate all types of harassment to the list of important workplace issues. It is virtually impossible for employers to monitor or control all communications or workplace conduct especially with the increase in popularity of social networking sites (like Facebook or Twitter) and activities (blogging, etc.). However, there are some practical suggestions for preventing hostile work environment claims.

  • Anti-Harassment Policy. Implement a policy that prohibits sexual harassment and harassment based on other protected classifications. It should specifically list the other protected classifications, including examples of the type of conduct that is prohibited by managers, supervisors, employees, customers, and third parties. Update your electronic communications policy to reflect new technological trends as well.
  • Complaint Procedure. The policy must include a complaint procedure that provides for more than one option for filing a complaint so that an employee does not have to complain to a supervisor or other person who may be involved in the harassment. The policy should also contain a strong “anti-retaliation” statement, so employees will not hesitate to file a complaint and will feel confident in using the procedure.
  • Distribution and Communication. Employers should distribute and communicate the policy to all employees, and the employees should be given an opportunity to ask questions. Each employee should be required to sign a verification acknowledging that the policy has been read and understood.
  • Education. In addition to providing the employees the policy during their orientation, it is also helpful to provide periodic refresher information.
  • Supervisor Training. Managers and supervisors are relied upon to be the “eyes and ears” of the company in case inappropriate conduct is taking place, so employers should carefully select individuals for these positions who will treat employees fairly and avoid inappropriate conduct. It is critical that supervisors receive additional training to educate them about their important role in preventing harassment in the workplace.  Consider prohibiting management from “friending” other employees.
  • Investigating a Complaint. Upon receipt of a complaint of harassment or when an employer has reason to believe that a potentially harassing situation has occurred, the employer must act promptly. The employer must investigate all complaints completely and objectively. Of course, the employee making a complaint should be notified as to the outcome of the investigation once a final decision has been made.
  • Taking Appropriate Action. If the investigation results in a finding that harassment occurred, action must be taken so that the harassment is eliminated and does not reoccur. This may consist of disciplinary action including discharge, or other corrective action such as training.

You can never be 100% certain that a hostile situation won’t ever occur, but by putting the proper policies in place you can be sure that you are doing everything possible to help prevent it.

Having easy to read and understand policies and procedures can help alleviate a lot of problems in the workplace. Not only do they set the stage for what is deemed inappropriate, they can also provide guidelines for what is considered acceptable, and even expected, behavior. Strategic HR receives numerous requests to review and rewrite employee handbooks on a regular basis, especially with the number of recent federal guideline changes. If you haven’t updated your handbook in the last few years, now may be a good time. For more information on how we can help you with Employee Relations and employee handbooks, please visit our Employee Relations page.

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What has happened to the work ethic? Nothing?!

by Robin Throckmorton, MA, SPHR

As an author and frequent speaker on the generations in the workplace, I’m often asked “what has happened to the work ethic of our workers?” Has work ethic really changed? Or, is it a matter of how we are getting work done that has actually changed?

Radio Babies (Born 1930 – 1945)

The Radio Babies grew up when having a job wasn’t necessarily the easiest thing to do. So, keeping a job was very important. As such, we see this generation, even today, having 110% loyalty to the company. They will likely be the first one to the office and the last one to leave. To them, a work ethic is giving all the time you can possibly give to the company.

Baby Boomers (1946 – 1964)

The Baby Boomers were dubbed the Baby Boomer generation because there are lots and lots of them. As a result, to get noticed and succeed on the job meant being seen. Your boss and the company needed to “SEE” you. If you were seen, then it was perceived that you were loyal and flexible to the company. So, when we asked them what work ethic means to them, it isn’t a surprise that we were told “face time”.

Gen Xers (1965 – 1976)

The Gen Xers grew up in a very different time than the previous two generations. For one, their parents were often both working or separated with a single working parent. Because of work commitments, the parents weren’t around and the kids were often left to their own devices. Secondly, this generation also saw their parents being loyal to their employer and getting downsized after so many years of loyalty. As a result, the work ethic for this generation is ensuring a good balance between work and personal life.

Gen Ys (1977 – 1990)

>Gen Ys do not believe that work defines who they are. They generally work to live not live to work, which is a big change from previous generations. They’ve grown up with technology exploding at warp speed providing “new ways” to work. As a result, their idea of work ethic is working wherever they can when they want to. This generation’s idea of work ethic is work shouldn’t interrupt their lives and can be done anywhere, anytime.

Millennials (1991 – present)

Our youngest generation, the Millennials, are still establishing what their work ethic will look like for them. However, in talking with them, it seems that they have grown up with the “option” to work or not work, with minimal encouragement from their parents. As the trophy generation, they have been doted on and feel that their personal life is more important. We’ve also found this generation needs deadlines to get work done. No need to do today what can be done tomorrow.

So, what does this all mean? Has work ethic gone down the tubes? I don’t think so. If you re-read each description of work ethic by the generations, they are all talking about “how” they do the work. But, in reality, isn’t work ethic about getting the job done? If so, then we should be focused on the output of the work and not the process we use to get there. One person may get the job done by working a 15 hour day and another may get it done by working a short day and additional hours at night. If the work is completed correctly and submitted on time, it shouldn’t matter how or when it’s worked on, as long as they get it done, and get it done right.

This is a very hard concept for many to accept. We often want other generations to get work done “the way we do”. We have to learn to accept our differences, and focus on the end results. If the results aren’t there, it becomes a performance problem, not a work ethic issue.

Bottom line; work ethic has evolved and changed, but it is still strong in the workplace. We just need to learn that work ethic is about the output and not the process.

Robin Throckmorton, MA, SPHR, a Senior Human Resources Management Consultant is President of Strategic Human Resources, Inc. (www.strategicHRinc.com) and can be reached at Robin@strategicHRinc.com.

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Small Necessities Laws

Question:

What is the Small Necessities Leave Act and should I be concerned about it?

Answer:

The Small Necessities Leave Act (SNLA) gives employees the right to take leave for family obligations providing a limited number of hours annually, covering specific activities that are not included under the Federal Family and Medical Leave Act (FMLA) – such as for parents to attend school-related events and activities for their children. The hours of leave allowed under the SNLA is in addition to the 12 weeks leave allowed under the FMLA. Additionally, the hours do not need to be taken all at once, but can be taken intermittently, as long as it does not exceed the allowed maximum as mandated by the state.

Only a small number of states offer SNLA, these include:

  • California – 40 hours
  • DC – 24 hours
  • Illinois – 8 hours
  • Louisiana – 16 hours
  • Massachusetts – 24 hours
  • Minnesota – 16 hours
  • North Carolina – 4 hours
  • Rhode Island – 10 hours
  • Vermont – 12 hours
  • Nevada makes it unlawful to terminate an employee for using leave to attend a child’s school-related activities.

To be eligible for the SNLA an employee must have been employed with employer for at least 12 months, having actually worked at least 1,250 hours during the previous 12 months with that employer, and be employed at a company with 50 or more employees within 75 miles.

SNLA can be taken to:

  • Participate in school activities directly related to the educational advancement of the employee’s child(ren), such as for parent-teacher conferences or interviewing for a new school.
  • Accompany the child(ren) of the employee to routine medical or dental appointments, such as checkups or vaccinations.
  • Accompany an elderly relative of the employee to routine medical or dental appointments or appointments for other professional services related to the elder’s care, such as interviewing at nursing homes or group homes.

The employee must give seven days’ notice of intent to take such a leave if the leave is foreseeable. If the need for the leave is not foreseeable, the employee must give notice as soon as practicable. Leave can be calendar or fiscal year.

The SNLA leave is generally unpaid leave but, similar to the FMLA, employees may use accrued paid time and have the leave paid or the employer may require that the employee use such accrued time.

One of the stickiest aspects to human resources management is Employee Relations. Are you having difficulties in your company that stem from employee-employer related issues? Strategic HR has years of experience in employment relations. Visit our Employee Relations page to learn how we can help you resolve some of your toughest ER problems.

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The Advantages and Disadvantages of a “360” Feedback Process

by Linda Gravett, Ph.D., SPHR

Every Human Resource practitioner I talk with agrees with me on one thing: there is no such thing as a perfect feedback instrument and process. However, the “360” process, when planned and executed well, comes pretty close.

I’ve worked with organizations using this process for 12 years and observed some wonderful advantages to the “360” process… and some pitfalls. I’d like to share both in this article.

First, I want to clarify what I mean when I refer to the term, “360” feedback. This is a process in which an employee or manager receives feedback about his or her competencies from peers, supervisors, direct reports, and internal and external customers. It’s a complete picture of the impact one has on those with whom he or she interacts on a frequent basis. Many companies use a “180” feedback process instead, which allows for feedback from peers, the supervisor, and direct reports (if applicable).

Advantages to the “360” Process

Let’s face it: a supervisor can’t be there to observe all the interactions, strengths, and opportunities for improvement for direct reports, especially if the span of control is wide. So why should we expect the supervisor to be the only person to provide performance feedback? We shouldn’t.

A major advantage to the “360” process is that it provides an opportunity for all those people with whom a person comes into frequent contact to offer feedback. A caveat here is that the raters should be people that truly have observed an employee or manager on a frequent basis. It’s not fair to ask people for input that haven’t had a chance to observe someone’s skills, talents, and abilities on a regular basis.

When feedback comes from many sources, it’s more difficult for a person to brush aside constructive criticism and rationalize that “the boss just has it in for me”. If several people suggest that a manager needs to improve verbal communication skills, chances are high that this is indeed a necessary area for improvement.

Another advantage of the “360” process is that it is designed with a customer focus in mind. The customers can be internal or external. Unfortunately, it’s difficult for some employees to understand the impact their daily activities have on other individuals or departments within the company. However, if they receive direct and frequent feedback on how their behaviors affect others, employees are more likely to be attentive to deadlines and quality requirements. They learn how to make their company look good, not just themselves.

I recommend that “360” performance evaluations are coupled with competency-based job descriptions. When this occurs, an employee or manager is recruited based on core competencies for his or her position AND evaluated on those same competencies. In HR, we often hear this complaint: “My performance evaluation is not even remotely connected to my job description.” There should be a direct connection, and the “360” process can assure this happens. The core competencies, by the way, should be supportive of the company’s strategic objectives. In deriving these competencies, the company’s leadership must ask, “what skills, knowledge, and behaviors do we need across the organization to meet the challenges of our mission and vision”?

The “360” evaluation is particularly strong when coupled with an action plan developed by the person receiving feedback and shared with those who provided the feedback. This action plan demonstrates that the feedback was heard and that, assuming suggestions are reasonable, will be put to use as soon as possible.

Pitfalls in the “360” Process

If you’ve tried the “360” process in your company without success, it may be for some of the following reasons.

If allowed to do so, people might be tempted to ask their friends in the company to be the ones who receive feedback instruments. This would definitely tip the scales in their favor and help ensure that no negative comments are made. The process must be carefully designed to minimize the possibility that this handpicking doesn’t occur. I recommend that each person receiving feedback send the instrument to at least 10 people, and these people must be those with whom they interact on a frequent basis. Even if some of those people could possibly offer negative comments.

One significant pitfall I’ve observed is when companies send out “360” evaluations to raters without advance notice or information about how to use the instrument. When an organization decides to implement a “360” review process, two sets of employees and managers must be trained on how to effectively use the process: those receiving feedback and those offering feedback. Training should also include objectives of the process and the impact on the organization.

I strongly recommend that each person receiving feedback, especially for the first time in this process, has a coach to help assess the comments and ratings and to develop an action plan. The coach could be the same person who compiles the results and should be an external consultant or internal consultant from Human Resources. By the way, I also recommend that the instruments are anonymous and are sent directly to the person compiling the results. The person receiving the feedback should not see the instruments.

A Few Closing Thoughts

The “360” performance review process can be comprehensive, positive, and effective if time is devoted on the front end to design the process for maximum impact. The time is well worth taking.

Regardless of the type of performance management process your organization employs, I hope you’ll give serious consideration to developing companion competency-based job descriptions and evaluations. When competencies (or behaviors) are used, employees have a more concrete understanding of exactly why they aren’t meeting job requirements and what areas they need to improve upon to be successful in their work.

Dr. Linda Gravett, Ph.D., SPHR, is with Gravett & Associates (www.Gravett.com). If you have any questions or comments, you can contact Linda at Linda@Gravett.com.

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Workplace Bullying

Question:

One of our employees is complaining that they are being bullied by a senior manager. What do we do or how should I coach the employee to handle the situation?

Answer:

Unfortunately, there is no law protecting an employee against bullying, UNLESS it turns into a hostile work environment protected by Title VII of the Civil Rights Act of 1967, and various other pieces of legislation. This would be the case, for example, if the senior manager is ONLY bullying female employees.

Bullying comes in many different forms – yelling, screaming, or using profanity, to more subtle manipulation or sabotaging of someone’s work. Like harassment, employees are encouraged to address the inappropriateness or uncomfortable feeling created by the behavior with the individual doing the bullying, of course maintaining their own level of professionalism. If that is ineffective and nothing changes, employees need to go to Human Resources.

HR then needs to decide if the culture is one to handle the situation directly with the manager or work with the manager’s boss to address. While this area has little legal support, some experts do recommend investigation of bullying complaints, if nothing else, to support a position of zero tolerance and promoting a positive work environment.

Unfortunately, bullying, even verbal yelling and/or abuse, will result in low morale for the employee and everyone else exposed to the bullying, which ultimately impacts productivity. It can cause stellar employees to leave for a better work environment. And, it could lead to a lawsuit for hostile work environment.

If the manager isn’t willing to change, your organization needs to decide to either take action or allow the situation play out and deal with the consequences.

During this week spotlighting “Freedom from Workplace Bullies”, let your employees know you support efforts to create a bully-free workplace.

Did you know that most employees leave their jobs because of their managers, not their employers? Are you having difficulties in your company that stem from employee-manager related issues? Strategic HR has years of experience in managing employment relations and coaching employees, and managers, on how to resolve conflicts. Visit our Employee Relations page to learn how we can help you resolve some of your toughest ER problems.

 

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How do we deal with employee body odor?

Question:

We have an employee with strong body odor and other staff feel it is making them ill at work. How do we address such a sensitive topic?

Answer:

Addressing personal care issues that affect others at work can be difficult conversations to have. Keep in mind the offending employee may not be aware that they have an odor problem, they may have a medical condition, or it may be the result of customs or cultures. Regardless, to keep harmony among your staff the situation needs to be addressed in a sensitive manner.

Be sure to take the employee to a private area to speak. It is also important to be clear in the reason for the conversation, but also be sensitive to the embarrassment it might cause the employee to have such a personal a discussion with their manager or human resources. The most direct route is best. State the problem, “It has been brought to my attention that you have a strong body odor”, and ask a follow up question to allow them the opportunity to share any possible reasons for the situation, “Do you have a health condition or a custom that might be contributing to excessive body odor?” If a health condition is present you will need to determine if there is an issue under the American’s with Disabilities Act (ADA) that will need to be accommodated in some way. If the cause is determined to be due to hygiene issues, the employee should be coached to work on their hygiene, focusing on the connection to the health and well being of themselves and others around them. If there is a company policy addressing appearance and cleanliness, this can be referenced as a guideline for the employee to follow and to emphasize the connection of the discussion to company policy versus a personal attack.

In any case, be considerate and handle the issue with discretion. This can be one of the toughest HR conversations you may have and in most instances it is just as hard for the receiver.

Having healthy employees is a key reason for developing a company wellness program, but also give consideration to the cost savings. Not only does a healthy workforce impact costs related to ever increasing health care expenses, but also impacts other expenses that are being trimmed as the economy necessitates a tightening of the belt in all areas of the company. Visit our Health, Safety & Security page to learn how we can assist you with issues surrounding the health and safety of your workforce.

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Impact Of Miscarriage On Leave

Question:

We had an employee request, and was granted, maternity leave under our leave policy.  After the leave was granted, she had a miscarriage. How should this impact the maternity leave and how long should we allow her to be out?

Answer:

From a legal perspective, maternity leave falls under the Family Medical Leave Act (FMLA), which allows eligible employees 12 weeks of job protected leave for the birth, adoption or placement of a child, the employee’s own serious health condition, or to care for a family member with a serious health condition. The above circumstance would most likely qualify as leave taken for the employee’s own serious health condition. To be covered, you will need to have the employee obtain certification from her health care provider. The length of time she takes for leave, up to the 12 weeks, may largely be determined by when her doctor releases her. Other benefit programs that may come into play in this situation could be short term disability and your Employee Assistance Plan, if you have either of these in place.

Be sure to review your Maternity Leave Policy to make sure it is in compliance with FMLA regulations. The Department of Labor (www.dol.gov) offers guidance for managing FMLA claims and our team at Strategic HR can also assist you with this and other compliance questions.

One of the stickiest aspects of human resources management is Employee Relations. Are you having difficulties in your company that stem from employee-employer related issues? Strategic HR has years of experience in employment relations and can help coach you through challenging employee relation issues. Visit our Employee Relations page to learn how we can help you resolve some of your toughest ER problems.

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Should I be worrying about employee retention?

Question:

Should I really be worried about employee retention during economic downturns when unemployment numbers are so high?

Answer:

YES!!!

It is still a shock to the system when we give presentations to HR professionals and small business owners and ask “what are you doing about retention?” and we get these looks like “retention” why would I need to do anything about retention? And there is always someone in the crowd that announces out loud “we are all just lucky to even HAVE jobs”. Dare we repeat the recent survey results by the Harvard Business review that found 25% of the top performers at companies are saying that they plan to leave their companies within the next year?

Do you find that hard to believe? Better start believing itit is a reality! We’ve had a number of managers call and report it is already happening to them. To make matters worse, managers feel their hands are tied because their companies are taking the defensive position ”let them quit and try to find another job someplace else”. Guess what? They didand, the ones leaving WERE the top performers! Can you afford to lose your best employees?

So, to ask again “what are you doing about retention?” Yes, some people may be lucky to have a job, but in other cases YOU are lucky you have them as employees. It’s time to start treating your employees in a manner that shows they are indeed valuable. Your business may not be in the position to reinstate the salary you had to cut, give the raise you put off, or offer the 401k match you eliminated, but can you do some things to improve the work environment? Easy things, such as:

  • Providing recognition for sticking with the company during these rough times.
  • Sharing the plan of where an employee fits into the big picture going forward.
  • Seeking the opinions of employees when it comes to helping the company move forward and grow.
  • Setting and sharing some milestones for what it may take before an employee can see an increase in salary again.
  • Asking what is important to the employee that keeps him/her at your company.
  • Determining if you have the right people managing the employees to keep everyone motivated and excited about being a part of the company going forward.
  • Doing things that differentiate between the good employees and the mediocre employees to show that it matters.

Turnover is expensive. It can cost your business as much as 50 – 150% of the annual salary of your lost employee. Can you afford that as your business recovers? What are you doing to manage your employees in the current economy to avoid losing your star performers?

Are daily HR issues interfering with your ability to focus on the strategic matters of your company? Do you find yourself at odds with the directives of the leadership team? Strategic HR knows how integral human resources is to the health of your organization and can assist you with HR strategy needs. Visit our HR Strategy page to learn how we can assist you with your strategy and help align your goals. 

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Struggling to Attract Talent to Your Organization? Start with Retaining Your Current Staff

by Robin Throckmorton, MA, SPHR, SHRM-SCP

Each year whether we are in a recession or boom, we continue to hear statistics ranging from 60 – 85% of our workers are actively seeking employment. Employers often find themselves in disbelief that these numbers apply to them, especially if they’ve been lulled into low turnover rates – UNTIL their best employees exit out the door right before the eyes.  The fact is we have more jobs available than we do candidates.  And, your best recruitment solution starts with re-recruiting your current staff.

No matter what the state of the economy, the best employees can always leave at any time. But, once one or two leave, others start feeling more confident that they can too! Turnover is contagious. So, what are you doing to prevent a mass exodus from happening to your organization? If there was there was such a thing as a magic bullet to retention, I’d say it would be….ASK YOUR EMPLOYEES!!! You’ll find out exactly what will do the trick. Some of the best ways to do this include:

  • Employee Surveys: Whether you call the survey an employee opinion, engagement, satisfaction or climate survey, the key is you want to find out information from your employees about how they feel about your company, supervisors, work conditions, job, and even intentions for staying. Make sure the survey is anonymous and you must respond to the data with action. What are you going to do with the feedback and if you can’t do anything with it, why not?
  • Focus Groups: The same type of information can be gathered by a neutral third party in focus groups. Ask employees why they come to work each day, what they like about the company, what they dislike, and what would they like to see improved? You may be surprised at some of the simple solutions employees may provide that you never even thought about. But, again, be ready to take action and respond to employees with what the company is doing with the results so the employees know their voices have been heard.
  • Exit Interviews: Don’t give up on asking employees who are leaving these same types of questions. You may find they are more willing to share vital information right before they leave or better yet a few months later. Which of these two times gets you the best results from exiting employees? What trends are you seeing from departing employees? What are you doing with the results?

It is critical you start creating retention solutions that work in your organization NOW! Don’t wait until you lose that first key employee. Once you know what employees want, start implementing some of the solutions they shared to help retain your workers. You’ll most likely find yourself implementing some of the following “stay strategies” depending on your workforce and what they tell you:

  • Supervisor Training: How many of your supervisors have become supervisors but never received formal training? Do they have the skills to effectively coach, motivate, empower, communicate, delegate and most importantly represent the company in the right way? Remember, in many cases, the supervisor is the company to the employee.
  • Leadership & Direction: With the economy in flux from year to year, many companies find their organization doing the same. How clear is the direction from leadership? Do employees feel like they have clear goals and expectations set from the supervisor and the leadership of the organization? Does the organization have clear cut policies and procedures that are applied fairly and consistently across the organization? If not, now is the time to tighten up and make your employees realize the ship is on course and has some strategy in place that has direction for everyone.
  • Training & Development: What learning opportunities are you providing to your employee? Do you have a formal or informal way to help identify employees’ career goals and help them meet those goals within the organization through training and/or on the job experiences? Because of today’s ups and downs, employees are forced to focus on their career loyalty. But, if you help them focus on their career development, they are likely to be more loyal to you.
  • Communication: Do you know an organization that has ever been told they over communicate? I don’t mean that you send too much email; this just means you aren’t communicating efficiently. Employees need to know what is going on in the organization during the good and bad times. Different employees like to hear messages from different media (i.e. email, memo, face to face). And, oftentimes, employees need to hear it repeatedly to really get the message. What do your employees feel they don’t hear? How do they like to be communicated with? Do you have a communication plan?
  • Recognition and Reward: Too often, we all get too busy in our workdays to take time and simply say “thank you” to employees even for just doing their job, let alone for going above and beyond. Recognition doesn’t always have to be about a monetary reward. Employees often express that if someone just noticed and showed appreciation, it would mean a lot. Both managers and companies will be more successful AND retain more employees when they take the time to just say “thank you” to the employees. Find out what type of recognition employees seek. Individualize the recognition as much as possible. One person may enjoy a Home Depot gift card and another may like Starbucks. What means the most to the employee?
  • Flexibility: Survey after survey continues to say that employees want to work for a flexible company. Is your workplace one that realizes the need to have flexible workplace policies? This need started with the Gen Xers but has become contagious. All of the generations have gotten on the bandwagon. If your organization isn’t considering creative ideas for offering any form of flexibility in your workplace, you are likely to start seeing your employees leave for organizations that do offer this – alternative work schedules, telecommuting, PTO, etc.

These are just a few ideas and they may not be right for your organization. Your solutions depend on your employees. But, when you say retention is too expensive, remember to do your math! What is the cost of turnover of one, two, or three key employees? This cost should become your budget for retention. Retention isn’t expensive – turnover is! How many employees can you afford to lose?

Robin Throckmorton, MA, SPHR, SHRM-SCP is a Senior Human Resources Management Consultant and President of Strategic Human Resources, Inc. (www.strategicHRinc.com). If you have any questions or would like to share your comments or retention strategies with Robin, contact her at Robin@strategicHRinc.com.

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Performance Management: The Individual Strategic Plan

by Robin Throckmorton, MA, SPHR

Performance management has become an ever-increasing critical tool to success for businesses. Within the last year we have experienced both a booming economy as well as a recession; a historically low unemployment rate combined with massive layoffs and business closings. But the bottom line to all of this is people! AND, we are human and as such are typically much more productive when we have clear goals, expectations, and feedback.

“Would you tell me please, which way I ought to go from here?”

“That depends a good deal on where you want to get to,” said the Cat.

“I don’t much care where-” said Alice

“Then it doesn’t much matter which way you go,” said the Cat.

     – from Alice’s Adventures in Wonderland

If you have had the opportunity to attend one of my strategic planning sessions, you’ve seen me use this quote in reference to developing a company or department’s strategic plan. But, a strategic plan is a waste of time and effort if it does not get communicated and tied to the performance of all employees through Individual Strategic Plans. Whether this is a formal process or informal process depends a great deal on your particular organization.

Let’s start with the informal process… If your organization can effectively communicate and link the strategic goals of the organization to each individual’s goals AND regularly provide feedback to an employee, then you may be able to succeed without a formal performance management tool. Even with an informal process, you will need to develop a system with specific checkpoints to be sure the communication is constant and two-way to ensure that the employee is on-track and getting both positive and constructive feedback in a timely manner.

If the world were perfect, I would encourage everyone to use an informal process; however, time seems to get the best of us. Without a formal process, goals are unclear at best, and feedback is rare. To facilitate a process that is successful for both the employee and the organization, a formal performance management system can “work for you.” A well-designed performance management system should make your job easier not more cumbersome.

To begin developing a system or any new program or initiative, I like to use Development Dimension International’s (DDI) six Checkpoints for Implementation:

  1. OUTCOMES — What results am I looking for?
    • For your performance management system, you’ll need to think about what you hope to gain from the system. For example: increased productivity, improved retention, increased employee morale, and improved communications.
  2. BENEFITS — Why is this important? (Payoff — What’s in it for me?)
    • Both the company and the employee need to know why they are doing this in order to feel ownership for the system. Your organization may see the benefits as some of the outcomes listed above, as well as a method for linking individual performance to the organization’s performance. Individuals may see it as a way to continue to develop and grow with the organization while adding value back to the company. Remember, growth opportunities and meaningful work are two of the top reasons employees leave their jobs.
  3. BARRIERS — What might prevent me from being successful?
    • In order to ensure the success of your system, you need to anticipate any barriers and identify what you will do to prevent or minimize the impact of those barriers. Some examples may be: resistance to change, time constraints, or lack of management support.
  4. SUPPORT — What resources are available?
    • You’ll need to clearly identify what resources or individuals are available to help you develop and implement the system. Once you have identified your resources, you’ll want to include them in the process as much as possible in order to obtain their buy-in and benefit from what they can offer. Some examples of support are: top management, employees, expert consults, other organizations, budget, and customer needs.
  5. APPROACH — What steps must I take to achieve my goals? (Be specific — who, when, duration, etc.)
    • By identifying the outcomes, benefits, barriers, and supports, you will be better able to begin mapping out the approach for developing and implementing your performance management system. Some questions you may want to consider include:
      1. What exactly do you need formalized to help facilitate goal setting, feedback, and documentation?
        • Many times organizations assume performance management is the evaluation at the end of the review period. However, an effective performance management system begins with the development of a performance plan at the BEGINNING of the evaluation period. This performance plan or individual strategic plan is a living document that may need updating throughout the plan year.In general, systems should include both competencies and goals. With most of my clients, we develop a group of core competencies or behaviors that mirror the values of the organization. Plus, we develop individualized goals for each employee that are tied to the goals of the business.There are many canned and customizable systems out there that can help you identify what you want to include in your system. To help you generate ideas, you may want to seek samples from other companies or resources (i.e. Performance Appraisals: A Collection of Samples by SHRM Information Center ~$35.00 or Performance Impact by KnowledgePoint). Be sure any piece of information you include on the form adds value rather than creates work for others. Plus, be sure the form is a tool not a rule!
      2. How often do you need to formally discuss goals and feedback versus informally?
        • Like your business plan, a performance plan is a living document and the goals and feedback should be ongoing and constant. However, it often takes a formal get-together for this to actually happen. If your organization is not one to proactively meet throughout the plan year, then a formal meeting, even if short, should be arranged at least quarterly to ensure an employee is getting timely feedback and still supporting both their individual and the organization’s strategic plan(s). Plus, if you summarize this quarterly meeting your end of the year review will be a breeze.
      3. Who needs to be trained on performance management and coaching?
        • We all could benefit from training on performance management and coaching. Even if you are the best manager, a refresher on performance management simply helps you continuously grow as a proactive manager. Formal training can also help ensure all managers are working with the same set of tools, including assistance with the seeming struggle about how to be a manager and a coach at the same time. Learning what has been successful and not successful with others will help everyone in the organization succeed. 
      4. What will you do to involve both employees and management in the process?
        • Employees and supervisors will not take the time for performance planning and reviews if management does not support it. Management has to realize the value added (i.e. increased productivity, improved morale, retention) of performance management and demonstrate their support of the system to all employees. This may require involving a key management player in the development and implementation of the system.Like management, employees will be more encouraged to take the feedback and direction of performance management seriously if they are involved with the development of the system. To do this, you can either survey employees to identify their needs or include them in a team tasked to evaluate and develop a program. COMMUNICATE!!! 
      5. How will the system be tied to compensation?
        • Of course, any system is going to be much more open and honest when there is little or no connection to pay. The catch is, that you need to have some way to measure employee performance, in order to provide performance based increases. You’ll need to develop a clear philosophy and supporting policy for merit increases. Because this will depend on your budget and values, each organization may have a totally different philosophy and policy on pay increases. By making this policy clear and communicating it up front, the link to compensation will have a better chance of being both objective and effective. 
  6. EVALUATION — How will I know when I’ve reached my goal?
    • Too often this last checkpoint in implementation is skipped. It is very important for you to constantly evaluate your program. Some ways you can do this is through focus groups, employee surveys, or interviewing management. The key is to schedule it and just do it!

Remember, you don’t want your employees feeling like Alice did in Alice in Wonderland. You need to be sure you are communicating the expectations and goals of the organization and tying them to each employee’s Individual Strategic Plan in order to realize success. Whether this is a formal or an informal process doesn’t matter as long as you are doing it!!

Robin Throckmorton, MA, SPHR, a Senior Human Resources Management Consultant is President of Strategic Human Resources, Inc. (www.strategicHRinc.com). If you have any questions, wish to share your comments, or your organization needs individualized help developing a successful performance management system, you can contact Robin at 513-697-9855 or Robin@strategicHRinc.com for more details.

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Making Performance Appraisals Work

by Robin Throckmorton, MA, SPHR

Because I was able to attend the annual SHRM Conference in Las Vegas on June 25 – 28, I wanted to share with you some of what I learned from the presentation on “Making Performance Appraisals Work” presented by Dick Grote, President of Grote Consulting Group and author of Discipline Without Punishment.

In Mr. Grote’s opinion, there are basically four phases to performance management:

Phase 1: Performance Planning

Phase 2: Execution

Phase 3: Performance Assessment

Phase 4: Performance Review

The goal of all four phases is to help an organization obtain their mission, vision, and values. These four phases then become a yearly cycle that should include a mid-year review.

In Phase 1, Performance Plan, Mr. Grote discussed two components necessary to effective performance planning: core competencies and measurements. The core competencies are no more than 4 – 6 items that cover basically what the employee does. The measurement piece helps an employee answer “how they know that they have accomplished these items?” Generally, you have four measures for output: quality, quantity, cost, and timeliness. Mr. Grote cautioned us to not be so rigid that we don’t realize an accomplishment that isn’t clearly identified.

In Phase 2, Execution, the employee actually implements the plan identified in Phase 1 with the motivational support of his or her manager. At this point, Mr. Grote asked the participants to think about the job that they enjoyed the most (not necessarily related to their current job/career). Once we had identified that job, he then asked us to determine why it was the most enjoyable. As you can imagine, the answers were very broad but all had a similar theme – recognition, achievement, learning, the work itself, and growth. Not many said that it was job security, benefits, or salary.

Unfortunately, because of time, Mr. Grote’s presentation was cut short and he was unable to elaborate on the third and fourth phases. However, these remaining two phases are as critical to the cycle as the first two. In Phase 3, Performance Assessment, we always recommend that both the employee and the manager separately assess how the employee has performed relative to the goals set in Phase 1. This helps both the employee and manager identify strengths and developmental needs for the next performance plan. With this assessment complete, Phase 4, Performance Review, can begin. It is important for the manager and employee to both share how well the employee has performed. We recommend that the manager be honest about this feedback and document both positive and negative results.

As you can tell, this is a time consuming process but is very critical to the success of an organization. How can you expect your roses or daisies to help your company reach their mission, vision, and values without feedback on what they are doing right and wrong to meet those goals?

Robin Throckmorton, MA, SPHR, a Senior Human Resources Management Consultant is President of Strategic Human Resources, Inc. (www.strategicHRinc.com). If you have any questions or wish to share your comments or success stories, you may contact Robin at Robin@strategicHRinc.com.

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Employee Engagement…From Beginning to End

By Patti Dunham, MA, MBA, SPHR and Debbie Hatke, MA, SPHR

Employee engagement; we’ve heard the term before and as HR professionals we know and we preach that “happy” employees are “productive” employees. But do we really understand engagement? Have we really tried to truly get employees engaged? Do we recognize, and act on the knowledge, that engagement starts well before the employee gets their first paycheck? Are we doing all that we can in every encounter we have with employees to make engagement a reality?

It goes without saying that human capital is the most important asset of every company. We have seen in a number of studies that employee engagement improves the bottom line in almost every instance and it is well worth all organizational efforts to actively engage employees. Helping employees understand the company’s direction and strategic goals, and the significance of their role in meeting those goals is essential. For employees to be committed to an organization and give 150%, they have to feel they have a stake in the company’s success. 

Engagement occurs when adequately skilled employees are trained and provided with the appropriate information and tools to make level-appropriate decisions and can lead the organization in the direction of meeting its financial and strategic goals. Sound difficult to take on? It really isn’t. As with all huge projects we must undertake, it is important to break it down into more manageable pieces and success will follow. 

Many programs have been created and implemented to introduce the concept of engagement to our employees, but what most of us have failed to do is to start that engagement well before the hire. Integrating employee engagement in the recruitment process is the best way to begin engagement in our organizations and is essential for long term success. Without the “right” hire for the “right” position, many of our other efforts are lost. Getting it right in the beginning is essential. So how do we accomplish this?

 

Creating and communicating an employment brand to employees.

A well integrated recruitment and selection process will help attract the strongest candidates. Employers who are able to quickly respond to candidates, provide them with feedback and find a way to sort through searchable information for those candidates who are not a match for the current position (but may be a match in a few months) are most successful. The ability to contact candidates quickly, and for them to contact you quickly, will allow you engage top talent and start off on the right foot.

 

Engaging On-boarding.

In a 2007 Watson Wyatt survey, employers who considered themselves as having a highly engaged workplace took an average of 35 weeks to bring a new hire up to speed. This compares with 15 weeks for companies that considered themselves to have lower levels of engagement. Is your organization spending time on the right activities when bringing employees on board? In addition to the typical on-boarding items, consider addressing the following.

  • Explain to the employee WHY they were hired – truly WHY. What is their role and how does it fit in the organization? What do successes and failures look like in the role?
  • Share with the new employee what it was about them that made them “the one”. Why did you choose this candidate? Help them understand what you valued in the individual so they can see what skills they have that can be most useful for the company.
  • Provide the employee with a realistic job preview. No sugar-coating, please. New recruits must know the job as it is so they can consider their own skills, personality, and abilities to take on tasks necessary for success.
  • Express your commitment to learning and development for the employee and the organization. Employees who feel employers are interested in helping them meet their personal goals are more loyal and engaged.

Engaging social networking.

Internal social networks can help your employees feel more connected. Many people use Facebook and Twitter to keep up with friends and colleagues outside of work. An internal network that allows the same type of interaction internally will allow employees to share knowledge, experiences, and interests online – a much more appealing way for some generations to interact, yet still allows employees to be involved and a part of the organization.

Employee engagement is essential and impacts your employees from well before employment all the way to resignation and/or retirement. There is a strong correlation between effective recruitment, on-boarding/integration, and the financial performance and success of a company. When addressed thoroughly, essential talent will be drawn to your company and quickly engaged. And once you reap the rewards you will easily see that engaged employees are well worth the effort.

 

Patti Dunham, MA, MBA, SPHR and Debbie Hatke, MA, SPHR are Senior Human Resources Management Consultants with Strategic Human Resources, Inc. (www.strategicHRinc.com). If you have questions or comments about this article, you can contact Debbie at Debbie@strategicHRinc.com and Patti at Patti@strategicHRinc.com.

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How Employers Can Understand and Support Those With Eating Disorders

by Stephanie Pittman Sullivan, MA, PHR

What you don’t know may be hurting your employees and your bottom line. The prevalence of eating disorders is staggering. Employers may suspect an employee has an eating disorder but not know how to address the problem and be hesitant to do or say anything given today’s legal climate. To make matters worse, typically people who suffer from eating disorders are very secretive and defensive about their illness and the behaviors associated with the disorder. For example, sufferers may eat alone, wear baggy clothes, hide food, binge alone, purge in isolation, and lie about their eating habits. Severe eating disorders tend to pervade all aspects of the person’s daily life (Anderson et al., 2004). The person with a serious eating disorder is unable to leave his/her disease at the door when it is time to start working. This creates complex issues for the individual and management.

A study conducted by Self Magazine in conjunction with the University of North Carolina revealed that an estimated 1 out of 10 women have an eating disorder (anorexia or bulimia) and an additional 65% of women suffer from disordered eating. Disordered eating categories included; chronic dieters, binge eaters, calorie restrictors, food addicts and extreme exercisers. Eating disorders were present in women between the ages of 30 and 40 at the same rate as women in their 20’s. Many women reported spending time obsessing about food with 4% actually thinking about food most of their waking time. The number of men struggling with eating disorders is apparently on the rise as well. Researchers at Harvard University Medical School have new data suggesting that up to 25% of the people with eating disorders are male. Given the prevalence of eating disorders within the population, your company is likely to have employees with serious eating disorders that impact their health and productivity on the job.

The most commonly recognized eating disorders are anorexia, bulimia and binge eating disorder. In anorexia, the person severely restricts their caloric intake and may also exercise to burn off calories. The medical diagnosis for anorexia requires a weight loss that puts the person’s weight 20% below normal weight. Bulimia is marked by the behavior of consuming massive quantities of food followed by self-induced vomiting. Binge eaters consume large quantities of food but do not vomit. A binge eater may diet between binge episodes but remains overweight. Eating disorders can result in a myriad of medical issues. Anorexia can result in heart damage, kidney failure, adrenal failure, thyroid dysfunction, reproductive problems and death. The health risks of bulimia are perhaps even greater. Bulimic behavior can result in heart arrhythmia, esophageal rupture, electrolyte imbalances, dehydration, kidney failure, destruction of tooth enamel, and immediate death. Binge eating disorders often lead to obesity, which increases the risk for diabetes, heart disease, and many other health problems. Eating disorders have the highest mortality rate of all mental illnesses. In addition, the psychological effects of eating disorders can be very damaging.

You might be thinking – so what? Some eating disorders are mild and have little or no impact on job performance. In more severe cases, there is a loss in productivity. The quantity and quality of the work is diminished. The person with a severe eating disorder may experience cognitive and physical difficulties. For example, it is common for anorexics to have reduced physical strength and stamina. They also have difficulty with concentration, memory, staying on task and problem solving. Bulimics and binge eaters may experience disruption in thought processes and difficulty with memory. Those that severely restrict calories between binges may have more serious cognitive difficulties. Preoccupation with food, dieting, and weight are pervasive in all eating disorders. At times the disorder can be so consuming that the person misses deadlines, meetings, or is absent from the job. This is just one reason why it should matter to you!

The Legal Framework:

The litigation surrounding privacy, disability and discrimination make dealing with employee issues more complicated than ever before. Eating disorders are being scrutinized under the ADA and Rehabilitation acts. Recent court decisions have established that an eating disorder may qualify as a disability under the Americans with Disabilities Act depending on the severity, duration and limitations resulting from the disorder.

The Federal Regulations instruct the courts to examine the “nature and severity of the impairment”, the duration or expected duration of the impairment and the permanent or long term impact of or resulting from the impairment” when determining disability. In Toyota Motor Mfg. V. Williams 534 U.S. 184,197 (2002) the Supreme Court interpreted the ADA to include major life activities involved in caring for one’s self. The court stated that to be “substantially limiting the impairment must prevent or severely restrict the individuals’ ability to perform the major life activities alleged.” This case broadened the scope of what was considered in establishing a disability under the ADA. The court stated that “When addressing the major life activity of performing manual tasks, the central inquiry must be whether the claimant is unable to perform the variety of tasks central to most people’s daily lives, not whether the claimant is unable to perform the tasks associated with her specific job.” This landmark decision broadens the scope of inquiry to include activities outside of work in determining whether a person has a disability.

The case of Shalbert v. Marcincin, D.M.D., M.S. (no. 04-5116, 2005) provides insight into the court’s perception of how eating disorders would be covered disabilities under the ADA. The Third Circuit Court acknowledged prior court decisions holding that eating is a major life activity within the ADA statute (Fiscus v. Wal-Mart Stores. 385 F.3d378, 2004, review cases Laweson v. CSX Transportation, Inc. F.3d916, 923 (7th Circuit 2001).

In this case, Ms. Shalbert’s eating disorder was episodic and therefore the evidence failed to meet the standard of being sufficiently severe, permanent, or long-term to qualify as a disability as defined by the ADA. The court stated that “While eating disorders can substantially limit major life activities, [plaintiffs] have not presented evidence that their eating disorder has that effect.” The ADA is applied to eating disorders on a case-by-case basis. The courts are considering the severity, duration and coinciding physical and mental illnesses. The ADA, therefore, requires employers to do an individual assessment for each employee claiming a disability and requesting accommodation.

The EEOC has demonstrated its interpretation of the law regarding persons with disabilities to include people with eating disorders. The EEOC found the Social Security Administration in violation of the Rehabilitation Act for failing to accommodate a person with an eating disorder. In the case, Rowlette v. Social Security Administration, EEOC Appeal No. 01A10816 (Aug. 1, 2003) ” Complainant, a claims examiner with stress-induced eating disorder, could no longer perform an essential function of her job (interviewing members of the public). Agency violated Rehabilitation Act by terminating complainant instead of reassigning her to another available position.”

What can or should an employer do?

The ADA and Rehabilitation Acts prohibit discrimination against a person with a disability in hiring, employment benefits and privileges of employment. The Federal Regulations instruct the courts and employers to examine the “nature and severity of the impairment, the duration or expected duration of the impairment and the permanent or long term impact of or resulting from the impairment”.

Since eating disorders involve private rather than public behavior, assessment can be difficult. If there have been several illnesses or incidents at work (passing out, vomiting, fatigue) you can let the employee know that you are concerned for their health and encourage them to visit their physician. Encourage voluntary participation in a wellness program or Employee assistance program. You should not tell them that you think they have an eating disorder as this may be incorrect and will put you under ADA scrutiny under the “regarded as disabled” clause.

As an employer, your primary focus must remain on job performance and any problems must be addressed directly as with any other employee. Document attendance, work product quality or quantity, including the ability to meet deadlines or performance goals and other observable behavior that causes you to take action or interferes with work productivity. The ability to point to specific areas where there have been changes or problems in job performance can be used to start meaningful dialogue. Be very clear about your expectations for job performance. Set a deadline for improvement and make sure you continue to document performance and meet with the employee periodically to follow up.

Remind the employee that the EAP is available and encouraged if they are having personal problems that are affecting work. You can ask the employee why they think their performance has declined. You can also ask if there is anything they need from the company in order to perform job tasks effectively. The employee may or may not offer any information, but if you suspect an eating disorder you have offered support and informed the employee that their work is being affected by the illness.

As an employer, you are obligated by the ADA to engage in meaningful dialogue regarding reasonable accommodations for a person with a disability. Eating disorders are not static and symptoms may change or fluctuate for many years. It is therefore, important to reassess needs periodically. Communicate with health care providers at predetermined intervals to ensure that the company is making reasonable efforts to keep the employee as part of the productive workforce while encouraging recovery. You may also request the physician evaluate the person’s ability to safety perform job duties. As an employer, you have the right to ensure the safety of employees and others in the work environment. In cases of extreme anorexia, it may be necessary to remove the person from job duties that pose safety risks. You must document the facts that lead to the decision to remove duties. Specifically, the information received from physicians and any work incidents that suggest that there is a reasonable probability of a materially enhanced risk of substantial harm to the health and /or safety of the individuals or others that cannot be eliminated or reduced by a reasonable accommodation.

Accommodations for people with eating disorders are typically not difficult or expensive. The following are some examples of reasonable accommodations:

  • Flexible leave for doctor’s appointments
  • Allowing a heater in the office
  • Permitting breaks for the person to eat small meals
  • Flexible scheduling
  • Modified job duties
  • Ergonomic chair or extra padding
  • Allowing telephone calls to support persons
  • Open door policy to supervisor
  • Reduction in physical exertion
  • Allowing work from home
  • Providing mechanical assists or lifting aids

Document all of the steps in the disability management process. In the event that a disability discrimination charge is made, your documentation will be your best defense in showing that you have made a “good faith effort” as required by the ADA. It will also help you to follow up appropriately, share information as needed, and clarify the process for the employee.

Depending on the severity of the case as documented by the medical professional, eating disorders may qualify as serious medical conditions under the Family and Medical Leave Act. In many cases, treatment of eating disorders qualifies for leave under the FMLA. The employee may qualify for up to 90 days of leave to receive treatment. Leave may be used intermittently for doctor’s appointments or other treatment (nutritionist, counselor). Employees may have family members with eating disorders and request leave under the FMLA to care for the family member. The stress of having a family member with an eating disorder can also interfere with job performance. Be sure to remind these employees of the services available for support. In addition, many persons with eating disorders have additional psychiatric problems such as anxiety disorders, personality disorders and depression (Milos, Spindler, Buddleberg and Crameri,2003)

Helpful Hints:

  • Become familiar with your company’s health plan benefits for treatment of eating disorders. Many health plans provide limited or no coverage for in patient treatment of eating disorders. You can assist the employee in determining what treatment options are covered by your plan.
  • If your company has an Employee Assistance Program, request information on eating disorders. Ask for additional resources in your area. Many communities have support groups and educational materials available at no cost.
  • Offer free lunch and learn sessions from a nutritionist. This can help people with eating disorders to learn about their body’s real needs versus all the information on dieting. It can be helpful for prevention as well.
  • When an employee reveals their eating disorder; listen, offer support, and acknowledge their pain and suffering. Let them know they are valuable. Offer resources. “You are such a talented ____ and have such a great _____, the company really values your contributions and we would like to support you in your recovery. It sounds like you are having a hard time getting out of this destructive pattern of behavior, you aren’t alone and our EAP would be happy to help you find appropriate treatment.”
  • Bulimics and binge – eaters often feel ashamed and embarrassed by their overeating and/or subsequent purging. It is important to approach any type of eating disorder with a non-judgmental tone.
  • Do NOT focus on food or weight. These are merely symptoms of the underlying problems. You want to stay away from any discussions about calories, what the person ate etc… This is not helpful to the person.
  • Disclosure of the illness must be limited to supervisors and managers on a need to know basis. Offer information on the illness to the direct supervisor. Instruct the supervisor to inform Human Resources if he/she witnesses signs of the condition worsening.
  • Offer healthy food options at meetings and training sessions. Typically people with eating disorders will have less difficulty eating foods that are low in calories and fat. Instead of donuts or chips, try serving fruit, whole grain bagels, vegetable trays and pretzels.

Unfortunately, the statistical outcomes of treatment programs are not very good, reporting only a 20% rate of full recovery. Early treatment intervention improves the likelihood of a full recovery. Many people continue to struggle with some form of eating disorder for many years. Interestingly, many people treated for anorexia go on to develop bulimia. If you have an employee who regains weight after treatment for anorexia, do not assume that the problem is resolved. The symptoms may merely have changed.

Eating disorders have become widespread in our society. Human resource professionals need to familiarize themselves with these illnesses, how they may affect their workforce and productivity, and how the courts are applying existing employment laws to cases in which the employee has an eating disorder. Managers should receive training in how to appropriately and legally deal with these issues in order to increase the productivity of the organization. While employers certainly cannot eliminate eating disorders, they can take steps to encourage a healthy diet and exercise regime through wellness programs and their employee assistance program. With the rising cost of health care, it only makes good business sense to be proactive in creating a culture of health and encouraging early treatment for eating disorders.

There is very limited data on how the prevalence of eating disorders is affecting the workplace. Information is anecdotal and sparse. For example:

  • An employer reports having an employee who began “fainting at work, and sometimes missing work altogether. She was also appearing not to hear instructions and other verbal communications altogether. She had become extremely thin and in fact once tripped over her drooping pants legs while walking down the hall. After several discussions she finally admitted to me that she had not eaten anything for nine weeks. This employee eventually returned to work, but only after being on both STD and LTD leaves (both of which were approved by the providers).”
  • “Our reliable accounting assistant started missing work, seemed to have difficulty concentrating and was making errors. I didn’t realize our accounting assistant was starving herself until she was well below normal weight. When I spoke to her, she told me she had been dieting and that she was significantly overweight when her quest for thinness began a year ago. The problem was, she was significantly underweight at 90 some pounds. She was having difficulty sleeping. She had begun to have blackouts and days that she couldn’t get out of bed. She was cold all the time and it hurt her to sit on hard surfaces. She was having trouble in school because she could not focus on her studies. She said she was thinking about seeing a doctor because she was a little scared because she had been having blackouts. She was afraid to tell the doctor about her dieting because she didn’t want to go back to being fat. I was able to convince her to call her doctor immediately. She was dehydrated and 80% below normal body weight. The doctor shared information with her about the eating disorders, the health risks and the treatment options. He recommended treatment professionals and insisted she work with a dietician and have weekly visits to check her weight and health status. She began treatment but was hospitalized a month later because she had lost more weight. She returned to work 6 weeks later. She needed accommodations to help her continue in recovery. She had weekly appointments with therapist, nutritionist, and her doctor. She also needed additional breaks to eat small snacks. She was unable to eat large meals so it was important that she eat frequently. We purchased a cushion for her chair. She used a small heater in her office. She gained weight and her energy level improved. Most of the accommodations were no longer necessary. Her job performance was flawless. She left a year later to go to graduate school.”
  • Professional sales person claims to be on sales calls while actually going to the gym. This person had panic attacks after eating and would leave work to vomit.
  • Employee at large natural foods store binges while restocking and cleaning up aisles. She steals up to $20.00 a day in food. She misses work after “bad binge days”.
  • Reporter misses important interview for national publication because she stopped at bakeries to binge on donuts while on her way to the meeting.

Examples of accommodation:

  • A waitress with anorexia was allowed to leave when business slowed down in the evenings. Although the rule was that food purchased at an employee discount must be eaten on the premises, the owners permitted her to take her meals home since she had difficulty eating in public.
  • A business professional started work at 9:00 am rather than 8:00 am while physically adapting to a new medication that increased drowsiness. She had chair cushions for her chair and a space heater in her office. She used intermittent FMLA to go for outpatient treatment. She also left work early on Wednesdays to attend a support group.
  • An accommodation that enabled: An employee was permitted to come into work as late as 10:30 am so she could exercise in the morning. Although the employer was well intentioned, this enabled the person to keep the eating disorder as the priority in her life while the business suffered.

In addition to changes in weight, there are other warning signs you may notice such as:

  • Eating behaviors:
  • The person skips meals or takes only tiny portions
  • Avoids fat in foods
  • Drinks diet soda, cofee and water exclusively
  • Hides or hoards food
  • Eats very large quantities or has meticulous rituals around eating
  • Physical symptoms:
  • Weight loss is a sign of anorexia
  • Weight changes may or may not be seen in people with bulimia
  • Binge Eating Disorder typically results in a higher than normal weight
  • Bulimic individuals may have the following symptoms on top of weight difference:
  • Redness round the Eyes
  • Swollen Glands and/or Face
  • Lacerations on the Knuckles and Fingers
  • Dark Circles under the Eyes
  • Tooth Decay
  • NOTE: Be aware that there are many reasons why a person may have weight changes or be out of the normal weight range. Do not assume that because someone is over or under weight that they have an eating disorder.
  • Other behaviors:
  • Frequent Bathroom Trips
  • Increased Tardiness or Absenteeism
  • Having Difficulty Concentrating
  • Compulsive Behavior
  • Stealing Food or Money to Buy Food
  • Excessive Exercise
  • Wearing Baggy Cloths
  • Complaining of being Fat
  • Mood Swings
  • Depression and Avoidance of Food
  • More uncommon symptoms that may occur are:
  • Frequent Detist Trips
  • Exercise or Sports Injuries
  • Certain occupations tend to attract people with eating disorders. Some typical job types where there is a higher incidence of eating disorders include:
    • Modeling
    • Dancers
    • Food Industry Professionals
    • Fitness Professionals
    • Actors

    Additional Information and Resources:

Stephanie Sullivan Pittman, MA, PHR is an independent consultant that has worked with Strategic HR. If you’d like additional real live examples with suggested accommodations, you may contact us at info@strategicHRinc.com.

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Excessive Absenteeism

Question:

I have an employee with excessive absenteeism and tardiness due to her pregnancy. She has been with the company less than eight months. Per her physician’s request she has been asked to stop working and has asked us for a leave of absence for six to eight months.  The company can not afford to hold this position for such a long time. What are our legal obligations?

Answer:

Since each State has different State-specific laws, we’ll address your question from a federal perspective. You should also confirm your obligations with your respective State as they could be more restrictive.

From a federal viewpoint, you should be concerned with the Family Medical Leave Act (FMLA) and Pregnancy Act. Because this employee has not been employed an entire year, she is not eligible for FMLA protection. The Pregnancy Act only requires that you provide the employee the same treatment provided others with medical disabilities. So, as long as you are treating her equal to other employees with a short-term disability, you do not need to hold her position. The real issue to be addressed is her absence not her pregnancy.

Based on the limited information you have shared, unless your State has different laws, it appears your company has no obligation to hold the position for the employee.

Do difficult situations with employees keep you awake at night? Strategic HR understands how conflicts with employees can make or break your day (or a good night’s sleep). Call us when you encounter a difficult situation – we can help coach your managers, suggest solutions or advise you on a specific problem. Learn more about our Employee Relations services by visiting our Employee Relations page.

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Just Cause Termination

Question:

Can you terminate a stock room employee for failing to find a piece of needed equipment that he could not locate in the drawer when we had six on hand? He said we didn’t have the part when in fact we did.

Answer:

In an at-will State, an employer can terminate an employee for a bad reason, a good reason, or a silly reason – as long as the reason isn’t against the law. In your situation, the employee displayed either incompetence or inattention to detail and could in fact be fired for this reason alone. The qualifier in this, or in any case of termination, is whether the employee is being discriminated against because of age, race, religion, gender or disability. Each of these factors is covered by protective labor laws such as Title VII of the Civil Rights Act. Specifically, if employees who are Caucasian, for instance, are not fired for the same offense but only Black men, or Hispanic women, or people over 40 are fired there might be a case of (illegal) discrimination.

The deciding factor in a discrimination case is the answer to the question: was the employee fired for just cause (i.e., not locating a part and perhaps causing a lost customer) or fired solely because of race, color, etc.? To prove a just cause case you better be able to explain who, what, when, where, and why something occurred. Do you know why this person couldn’t find the part? Were they properly trained? Can you prove they were properly trained? Was there an investigation that can show that they knew what they were supposed to do and how to do it but just “didn’t do it”?

Bottom line – do a thorough investigation and make sure you have solid documentation. Without it any reason, or no reason, terminations are more likely to become discrimination lawsuits.

Terminations are one of the most difficult aspects of Human Resources. Even when justified it can be difficult to let someone in the workforce go. When not justified they can be a risky move for any company. Strategic HR can walk you through a termination, assist with the investigation and provide a third party objective look at each case. Visit our Employee Relations page to see how we can assist you with employment issues.

 

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7 Tips On How To Deal With Difficult People At Work

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Requiring Employee Contact Information

Question:

Can my company require our employees to provide their personal cell phone number and home email address?

Answer:

A  follow up question to you might be, why do you need them? If it is for emergency notifications, that is one thing, however if it is for working purposes, you would be better off providing them with a work email or cell phone. With email, it is best to make sure that any work related communications are managed in the secure environment of your company server. Also keep in mind that email or phone calls made outside of work hours to non-exempt employees count as “time worked”. Make sure you are tracking that time and paying overtime accordingly.

Today’s employees are on a constant search for work/life balance; it is a key factor in choosing an employer and, sometimes, the decision to leave. As a job requirement you could most likely require them to provide you with two ways to reach them and then suggest they provide a cell phone number and home email address; but requiring it might be a stretch. As long as they give you a way to reach them during off hours that should suffice.

Recordkeeping is one of the more mundane tasks associated with Human Resources, but is extremely important. Keeping documentation of corrective actions, counseling sessions and performance appraisals are vital to making sure you are being consistent with your disciplinary and performance policies. Strategic HR has a great online tool that’s affordable, easily downloaded and ready for immediate use. Our Coaching and Counseling toolkit has sample policies and forms to help you with your Counseling needs. Visit our Communications page to learn more.

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How to Handle an Autocratic Manager

Question:

I work for a manager who is a retired, very successful Captain of a submarine for the US Navy. There are 45 people under this manager varying in age from 21-50, and we are losing people from our team left and right due to his autocratic management style. This management style worked very well for him as a Navy Captain, but in the civilian world we don’t know what to do. What can our team do to work together and change this so that we can enjoy coming to work again?

Answer:

Military officers have a distinct “command and control” management style. In the military this type of management style is encouraged and rewarded, so the former Captain is managing in a way that’s familiar and comfortable for him.

Before the manager changes his management style, he has to see that it’s in his best interest to change. Since the old style was effective for him and he knows no other approach, he won’t even consider anything else until and unless he understands his autocratic style is not acceptable in his new environment.

It’s quite possible that this manager won’t hear any constructive criticism from anyone “under” him in the “chain of command.” He may listen to a person he considers a peer and will listen to his immediate supervisor or someone in a higher-level position. For this reason, you should have a representative of the team meet with either the manager’s boss or the top HR person. In sharing the team’s concerns, the representative must be very specific. What is the behavior that’s causing problems? What are specific examples of instances that have caused team members to be dissatisfied or disrespected? Do you know for certain that former employees resigned because of this person? Would they be willing to say this to the manager’s supervisor? Be sure to balance the criticism with areas where the manager is strong, such as his expertise or insights based on experience.

The manager would undoubtedly benefit from one-on-one coaching from a person he respects. If he is to change from his autocratic management style, he needs to have some new skills. The best coach for him would be a seasoned peer that he trusts, his supervisor, a top-level HR person within the organization, or an external consultant.

In the meantime, team members should speak up when the manager is too directive without sharing why he has issued orders or hasn’t asked for input from the team before making decisions that affect the team. Be sure to say why you’re making suggestions or asking questions, i.e. to ensure that the product or service is of excellent quality for customers, etc. Otherwise, the manager may feel that his authority is simply being questioned and this is very threatening for a person with his background and training.

Having good employee relations is key to effectively managing (and retaining) your workforce. Employees want to feel valued and may not perform up to standards, or stick around very long, if they don’t feel they are needed. Strategic HR understands the value of your workforce and having good Employee Relations. We’ve helped companies create reward and recognition programs and have coached managers on providing support and mentoring to their employees. Learn how we can help you with your employee relations needs by visiting our Employee Relations page.