Author: Norma Shirk

My company, Corporate Compliance Risk Advisor, helps employers (with up to 50 employees) to create human resources policies and employee benefit programs that are appropriate to the employer’s size and budget. The goal is to help small companies grow by creating the necessary back office administrative structure while avoiding the dead weight of a bureaucracy.  To read my musings on the wacky world of HR, see my weekly blog HR Compliance Jungle (www.hrcompliancejungle.com) which publishes every Wednesday morning. To read my musings on a variety of topics, see my posts on Her Savvy (www.hersavvy.com).

Feeling Groovy

Another update from the Jungle…..

Marsha is too young to be an original hippie, but she does a great job channeling the 1960’s with peasant blouses and baggie pants or flowing skirts.  She likes herbal remedies, some of which she cooks up in her kitchen.  Her homemade dishes are the reason Wayne, the owner, now caters the potluck lunches for the office.

During Marsha’s eastern religions phase, the office reeked of sandalwood. Marsha said it helped her maintain her inner calm in the midst of life’s chaos. Since she lives in a state of perpetual crisis, none of her co-workers were convinced of the healing properties of incense. 

During her Native American phase, she decided to purify the office by burning sweet grass. Unfortunately, the bushel basket sized wad of smoldering foliage set off the sprinklers causing water to run out of the downstairs light fixtures.  Wayne is still fighting with the landlord to save his lease and with his insurer to cover the damages to the downstairs tenant’s office.

Marsha is an excellent worker when she focuses on her job, which is why Wayne didn’t fire her after the sweet grass fiasco.  Yet, he’s regretting his generosity because Marsha’s newest obsession is CBD oils. She says the oils have cured her anxiety, her forgetfulness and her insomnia. 

Marsha is so wrapped up in talking about the wonderful qualities of CBD oils that she sometimes forgets important deadlines. Two weeks ago, Wayne had to pour several scotches into the owner of a key client during an expensive dinner to convince him not to fire Wayne’s company. 

But Wayne’s life just got worse. Marsha now sells CBD oils.  Co-workers scatter at Mach speed when they see her toting a canvas bag with her product.  Last week Wayne ordered her to stop selling her oils on company time because he needs her to do the job he’s paying her to do.  Today he came into the office unexpectedly after a lunch meeting was canceled and found Marsha conducting a QVC-type demo of her oils for co-workers too slow to escape.

What options are available to Wayne?

  1. He can join Marsha as a latter day hippie and begin acting groovy.
  2. He can assign her to a virtual office to reduce her ability to interfere with the office routine.
  3. He can find a replacement and then hire a feng shui practitioner to purify the office after Marsha leaves.

 

CBD oils lack the chemical compounds that cause an hallucinogenic effect and so are not within the scope of drug use policies.  As long as usage doesn’t interfere with an employee’s ability to do her/his job, employers should take no action.  

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

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I’ve Got My Eye on You

 Another update from the Jungle…..

Jayne accepted the first job offer after college because she was worried about making her student loan payments. She also wanted to prove to her parents that she could take care of herself.  In hindsight, Jayne wondered if living at home was really so bad because her new employer is insane.unnamed-5

During the endless rounds of interviews employees gushed about the joys of working for the company and its founder, Wesley, but Jayne was an English minor in college and she can read subtext. She quickly picked up on the jokes about timed bathroom breaks and monitored phone calls.

One young woman sheepishly admitted that she was busted for her negative comments on her personal Facebook page.  All the employees in that interview session laughed when Jayne said that she had heard that employees couldn’t be forced to provide access to their personal social media accounts to their employers. They assured Jayne that it was no big deal.unnamed-1

Jayne was young and desperate so she took the job despite feeling uncomfortable.  At orientation, she was required to sign a confidentiality agreement that allows the company to search her personal belongings at any time to ensure that confidential information is not stolen.     

Jayne’s discomfort zoomed into paranoia after she updated her LinkedIn profile with a description of her new job.  The next day, Rhoda, the HR Director, told Jayne that she had violated the company’s social media policy which covers postings on LinkedIn.

unnamedThe policy requires employees to include a statement that Wesley is a brilliant and inspiring boss and the employee is privileged to work for and learn from him.   Rhoda also told Jayne to change her head shot because it didn’t show her as a happy, loyal employee.  Jayne asked how she could show loyalty in a photograph. Rhoda shrugged. Jayne returned to her cubicle, a blob of raging paranoia.

What options are available to Jayne?

  1. She can stroll around the office humming the lyrics of a Buffalo Springfield song, “paranoia strikes deep/into your life it will creep”.
  2. She can embrace her paranoia and flit around the office in a Star Trek uniform talking to her co-workers about Klingons.
  3. She can hide in her cubicle pretending to work while she searches for a new job.

Most employers have social media policies setting parameters on what employees canunnamed-4 post and reserving the right to monitor employees’ social media for violations of the policy.  However, the more restrictive and intrusive these policies are the more likely that they will be found to have violated federal and state laws.

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

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Exit Strategy

Another update from the Jungle…..

Millie is employed because her mom is friends with Janice, owner of the company.  Millie’s mom begged Janice to hire Millie and promised that Janice wouldn’t regret it. Janice agrees.

Millie learns of her new job when her mom tells her, that starting bright and early the following Monday, she will be working for Janice, but Millie doesn’t want a job. She wants to be an actress beloved by millions.

Late Monday morning, Millie floats into the office to find her new co-workers hard at work.  Janice takes Millie on a quick tour of the office, introducing her to everyone and explains basics, like the schedule and benefits. 

Millie perks up when she hears about the benefits. She says she needs to leave early the next day to go to an audition. She enthusiastically describes the play and how she expects this show will be her big break into professional acting.  She asks if she can give a provisional resignation now in case she has to pack for Broadway on short notice.

Recovering her composure, Janice explains that until the big break arrives, Millie may want to learn a few things about her current job.  Millie is uninterested in the job, but she soon realizes that Janice’s company can teach her plenty of new stuff that she can use to advance her career in the theatre.

A few weeks later, a couple of Millie’s co-workers discreetly approach Janice. They have been following Millie’s social media posts so that they can keep up with her acting career. They believe Millie is contacting prospects and clients of Janice’s company to invite them to support her career. 

Janice drops everything to take a quick spin through various social media platforms looking at Millie’s posts.  What she sees convinces Janice that it’s time to dump Millie at the curb.  In her haste to fire Millie, Janice forgets to protect her company’s data.

Within days, Janice realizes that Millie is still accessing her company’s systems.  Millie’s social media shows that she is using Janice’s documents and processes to build a rival business while waiting for her big break in the theatre.

What steps should Janice take next to protect her company?

  1. She can become Millie’s patron, underwriting her acting career as a way to obtain some return on her investment in Millie.
  2. She can call Millie’s mom to complain that Millie is a rotten kid.
  3. She can create a checklist of all company systems that need to be updated to terminate Millie’s access.

 Most employers have well-developed on-boarding processes, but pay less attention to their termination process.  A termination process can protect company resources from misuse by former employees.

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

 

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And That’s When I Snapped, Your Honor

Another update from the Jungle…

unnamed-239Sarah sat at her desk and pondered how she’d get rid of the body after she kills her youngest team member. The dumpster behind the building is a no-go; the police always dumpster dive for clues like dead bodies. There’s no swamp nearby either where she can hide the body. Sarah sighed.

Sarah didn’t plan to become homicidal. She has a tidy little business that makes money while allowing her to offer a few perks to her young staff. She knows she’s not a bad person but now thoughts of murder whirl in her brain. She wants to kill Taylor, a young millennial who is incredibly talented but has an infuriating habit of demonstrating a lack of common sense.

The problem surfaced months ago when Taylor sided with a client against Sarah in the middle of the client meeting. At the time, Sarah thought her hearing had gone wonky.

unnamed-237Sarah has always offered a lot of freedom to her staff because she believes that gets the creative juices flowing. But there’s a limit. So immediately after the client meeting, Sarah explained the importance of not disagreeing with the person who signs your paycheck, especially in front of clients. Taylor mumbled a sort of apology.

Since the disastrous client meeting, Taylor has alternated between sulky and charming. She complains about her schedule, her pay rate, and the obnoxiousness of certain clients. In short, Taylor is acting like a bratty teenager. Sarah secretly wonders if it’s cosmic payback for all the grief she gave her own mother during her teenage years.

Earlier today, Sarah allowed Taylor to attend a new client meeting because Taylor referred the prospect to Sarah. Taylor told the prospect that she was overworked for her pay rate, that Sarah’s fees were pricy for what was offered, and wrapped up by saying that she looked forward to working with the prospect. That’s when Sarah began contemplating murder.

What options are available to Sarah?

1. She can read a couple of true crime books to learn how to dispose of the body.
2. She can confine Taylor to a supporting role with no client contact so that she can salvage some of the value of Taylor’s skill set.
3. She can offer a severance package to Taylor in exchange for leaving the company.

Millennials were raised in an era when every child received a medal for participation rather than actual achievements. As a result, they may expect workplace rewards for routine performances. HR policies can’t explicitly fix such workplace assumptions but an on-boarding process and internal training can help adjust workplace expectations.

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

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Check Out Time

Another update from the Jungle…

unnamed-230Bettysue loves the holiday season but this year she’s frustrated. Her children are grown and have other plans so they won’t be coming home. Her husband just says, “sure, honey, whatever” when she asks his opinion. Her husband has long-since concluded that the secret to their marriage is to keep his mouth shut, stock up on suitable beverages, and hide in his man-cave until after the Super Bowl game.

So Bettysue spends her working hours plotting how best to spread holiday cheer. This year, she decided that her workplace should have a multicultural party. She’s not deterred by the fact that the workforce has little religious or cultural diversity.

Her boss, Deena, has long-since concluded that letting Bettysue decorate the office is the most profitable use of Bettysue’s time since she clearly doesn’t have her mind on work. A couple of years ago, Deena insisted that Bettysue ought to actually do her job despite the seasonal slush. The results were so awful that Deena had to meet with her mental health counselor every day in the following January. Deena now sees the holiday excesses as a cost of doing business.

unnamed-227Bettysue’s coworkers have enthusiastically joined in because decorating beats working any day of the week. Now miniature menorahs, fake Yule logs, and a plastic Christmas tree create a fire hazard in the elevator lobby. A Kwanzaa fruit broom serves as a seasonal centerpiece in the middle of the conference room table.

Multicolored tinsel adorns every doorway and most cubicle entrances. A sprig of mistletoe was tacked over the breakroom door until Arlene, the HR director, yanked it down, muttering about sexual harassment.

unnamed-233However, most of Bettysue’s time at work is devoted to buying things online. Her Amazon Prime deliveries now exceed regular business deliveries to her employer. FedEx, UPS, and the post office have offered to set up a mini hub at the building to handle the volume of deliveries.

What should the company do next year?

  1. They could have a daily party since none of their employees are working anyway.
  2. They could shut down for two weeks in late December since no one is working.
  3. They could pay a bonus to volunteers who agree to provide minimal customer service while the office shuts down during the seasonal distractions.

Many non-retail companies either shut down at the end of December for two weeks or allow most employees to use vacation/PTO during that time. Employers believe this policy improves morale and productivity in the first quarter of the next year.

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

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Let’s Do It Again Next Year!

 Another update from the Jungle…

unnamed-222Craig decided he couldn’t face another office party with the same old cheese log and Ritz crackers and Dirty Santa game. So he told Helen, the HR manager, that he made an executive decision as the company owner to try a different sort of party. Craig has decided everyone will enjoy a tour of the local micro-distilleries.

Privately, he plans to use the tour to finish his holiday shopping. He can sample the local whiskeys and buy a few bottles for clients and vendors and maybe even a few family members. He ignores Helen’s objections about potential liability and begins Googling local tour bus companies. Employees cheer when they hear of his plan. For the first time ever, every employee shows up early to board the bus.

unnamed-221At the first distillery, AJ disappears. Helen eventually finds him out back of the building sharing a hand-rolled cigarette with a distillery employee. AJ says the employee is his cousin. Helen drags him back to the tour to sample the whiskey. Craig buys four bottles.

At the second distillery, Craig buys another dozen bottles. AJ and Carla buy a case a piece and stagger to the bus to stash their purchases. At the third tour stop, everyone heads straight to the tasting room, ignoring the tour guide. AJ, Carla, and Craig huddle close to the server begging for seconds. Craig buys another case. The bus storage areas are filling up.

unnamed-223Helen makes an executive decision to cancel the remainder of the tour. She herds everyone back to the bus. Lenny is singing obscene sea shanties. Helen makes a mental note to ask IT to audit his internet activity so she can find out what Lenny’s really been doing at work. Helen spends the return trip calling spouses, Uber and Lyft to arrange rides for everyone.  

The bus finally rocks to a halt in the office parking lot, spilling Lenny down the aisle, still singing. AJ staggers up the aisle cradling a half-empty bottle where he misjudges the last step and sprawls on the ground. He doesn’t spill a drop.

What should Helen do next?

  1. She can blackmail Craig to give her a couple bottles of whiskey in exchange for ensuring their insurance carrier never hears of this party.
  2. She can research what it would cost to have the holiday party in Las Vegas next year.
  3. She can suggest a drink limit for next year’s party.

Office parties come with risks, including worker injuries and host liability for alcohol-related accidents. As with so many risks in life, moderation and common sense are the best guides.

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

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Nightmare at the Office

 Another update from the Jungle…

unnamed-196Once upon a time, an inexperienced HR Manager named Katie suggested to the company owner Phil that they have a Halloween party. Phil remembered past office parties and hesitated to risk the company’s liability insurance premiums on another such event. It’ll boost morale, assured Katie, and so, Phil said yes.

Katie immediately sent an email to all employees about the festive event. Five minutes later, Misty pops into Katie’s office to ask if she and her fellow white witches can set up a cauldron in the parking lot for a cleansing ceremony. They want to appease the spirits of the universe and ensure a profitable year for the company. Katie gapes at her; she didn’t even know there were white witches on the staff.

unnamed-197Katie says she’ll think about it and shoos Misty away. Katie slumps at her desk wondering whether the EEOC considers white witches a protected religious group. While she’s cogitating on religious freedom in the workplace, Wade shows up. He says office parties are stupid and he won’t participate. If the company wants to boost his morale, he’d prefer cash.

Having spread his brand of cheer, he wanders away to urge other to boycott Katie’s “dumb party.”

Katie is discouraged until she talks to Alan and Ray. They want to know if there is a prize for best costume. Katie thinks that’s a swell idea and says yes. Chortling wildly, Alan and Ray thank her. Too late, Katie remembers that chaos follows them and wishes she had said no. And so begins the scariest night of Katie’s life.

unnamed-19Ray shows up at the party dressed as an Aztec sacrificial victim with a fake heart poking out of his chest, dripping fake blood. Ray doesn’t understand why Moises, a Mexican-American, thinks the costume is culturally insensitive. Katie dashes toward them intent on preventing a fight but rocks to a halt when she catches sight of Alan. Alan had arrived wrapped in a blanket, wearing an Indian war bonnet with psychedelic pink feathers.

Suddenly, he drops the blanket to reveal he’s wearing only a leather thong.

unnamed-200Before Katie can indulge in hysterics, she discovers that AJ, the scary guy from IT, has a fetish for knives and marijuana-laced brownies. Since marijuana is now legal in some states, “What’s the big deal?” says AJ, snatching the tray from Katie before she can dispose of the brownies.

As Katie drives home, she vows never again to suggest boosting morale with a party.

As your workplace celebrates Halloween, be assured that nothing like this could ever happen at your company. Happy Halloween!

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

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Falling to Pieces

Another update from the Jungle…

paulette-wooten-223050-unsplash1.jpg

Patsy, named for Patsy Cline, has a pretty good singing voice. She moved to Nashville with visions of international fame dancing through the lyrics in her head. Once there, she took the first job she could find while seeking out a record deal.

She never landed that record deal, and her last three employment gigs were as abbreviated as her open mic gigs. But her luck is about to change. She just got a job with a regional company that is distantly connected to the music business. Sure, it involves doing boring stuff that she did at several of her previous jobs, but she enters the new employer’s offices with a smile on her face and a spring in her step!

After a day with HR, filling out paperwork and learning about all the things that can get her fired, Patsy’s enthusiasm wavers. But she arrives early the next day determined to do well. The HR rep shows her where the bathroom is located and guides to her a rabbit-hutch sized cubicle. Then the HR rep abandons her to go deal with a crisis.

rawpixel-718387-unsplashPatsy leans around the cubicle corner to ask Doris for a little assistance. Doris is on the phone. Rebecca, on her other side, clues Patsy in to a few basic procedures, such as which database takes which customer information. Patsy realizes from prior experiences that she’s just gone through “orientation” and gets to work.

In the first week, almost all her work is rejected for a variety of reasons. Patsy tries to explain to co-workers this was the way things were done at her last job. Her supervisor says in front of co-workers that she doesn’t care how the company’s main competitor does business.

Before her first paycheck, Patsy is demoralized. As her probationary period ends, the HR rep tells Patsy that she’s being dropped because she “just doesn’t get it” and her co-workers think she’s whiny.

What should Patsy do next?

  1. drew-beamer-457833-unsplashShe can reach across the desk and slap the HR rep for not ensuring she received proper training.
  2. She can leave quietly and bad-mouth the company on her Facebook page.
  3. She can find a friend like Merle Haggard’s “Leonard” to help her until her singing career takes off.

The above scenario is a composite of many employers who expect to find ideal employees without investing in training. It’s a doomed process, one similar to hoping you’ll meet your life’s soulmate in a 2nd Avenue bar on Saturday night.

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

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Hands Off!

 Another update from the Jungle…

unnamed-151Cecily is a senior level executive at her company. Of course, she has paid a price while clawing her way to the top; her first husband left their marriage in exchange for a sizable chunk of Cecily’s retirement account.

Cecily decided to lose a few other things after her divorce. She shed twenty pounds and hired a personal trainer named Rory. Soon they were whipping up more than weight training. The more buff Cecily felt, the more she doted on Rory.

unnamed-152She reasoned that if men could have trophy wives, then she could have a trophy husband. Cecily was overjoyed that Rory accepted her marriage proposal. Of course, marriage to a much younger man comes with a price too. Cecily spends every spare minute at the gym trying to keep her girlish figure so that she remains physically attractive to Rory.

Her workout schedule leaves her irritable. She’s also insanely jealous of Rory. All these symptoms are duly noted by Danielle, who has been scheming to replace Cecily since joining the company. Danielle flirts with Rory every time he visits the office.  

Yesterday, Rory stopped by the office to drop off Cecily’s cell phone and reading glasses she had left at home. As he walked away from Cecily’s office, Danielle suddenly popped up at his elbow taking deep breaths to show off her best feature.

unnamed-147Cecily came out of her office to confirm she would be able to have a romantic dinner with Rory that evening. She saw Danielle oozing around Rory, white teeth flashing in a seductive smile. With a jealous shriek, Cecily leaped for Danielle’s throat. The women crashed against the wall and rolled into the elevator lobby, a writhing mass of biting, kicking and hair pulling.

The women were pried apart by Rory with a little help from Walter. Walter is the owner and he’s flabbergasted to see his Chief Human Resources Officer rolling around the lobby floor with one of the rising young executives. He needs to do something fast.

unnamed-154What are Walter’s options?

  1. He can encourage Cecily to join the women’s division of the ultimate fighter competitions.
  2. He can fire Cecily and Danielle for setting such an atrocious example while violating dozens of HR policies.
  3. He can give them a second chance in recognition of the cost of replacing them but require them to undergo counseling.

In the actual situation, the HR officer did not fight the provocative co-worker but she limited her husband’s visits to the office. HR employees who violate HR policies should be treated the same as other employees when deciding on disciplinary action.

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

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Trash Can Troubles

Another update from the Jungle…

unnamed-106Gwen, the HR manager, arrives at work in a really bad mood. She’s running twenty minutes late after sitting in traffic on the giant parking lot otherwise laughingly referred to as an interstate highway.

By the time she walks in the door at work, she’s seriously thinking of slugging the first person who gets on her nerves. She faces a gauntlet of raised eyebrows as people look at their watches. Only Ellen is stupid enough to make a sarcastic crack about Gwen’s tardiness.

Gwen dumps her purse, her carry-all, and keys on her desk and heads for the coffee pot. Her day slides downhill again. Someone set the empty coffee pot on the burner without starting a new pot brewing. As she fills the coffee maker, she decides it’s time that the owner, Tim, joins the modern era. She will buy a single cup coffee maker with the company credit card and tell Tim the purchase is for HR supplies.

alexa-mazzarello-457546-unsplashGwen mellows slightly after she has a cup of coffee. Back at her desk, she cranks up her laptop and begins reading her emails. The first one is from Laurie, whining again about needing a window view as an accommodation for her unspecified medical condition. Gwen sighs. The company works from a converted warehouse. No one has a window view, not even Tim. Gwen marks Laurie’s email for later in the day and opens the next email.

unnamed-16It involves the Case of the Traveling Trash Can. For weeks, every female employee has been fixated on the mystery of the moving bathroom trash can. The consensus is that the trashcan should be set close to the toilet. But someone is moving the can closer to the sink.

The trash can turmoil is beginning to put a serious dent in productivity as the women eye each other suspiciously. Last week, Gwen found Anita loitering near the bathroom, trying to spot the evildoer moving the trashcan. Gwen is exasperated with all of them and the trash can.

What are Gwen’s options?

  1. unnamed-108She can nail the trashcan to the floor with a 10-penny nail so that it never moves again.
  2. She can view the whole mystery as beneath the dignity of an HR manager’s job.
  3. She can buy a second trash can for the women’s bathroom so that only the cleanup crew is inconvenienced by having to empty an extra trash can.

In the actual situation, Gwen bought a second trash can for the bathroom. When employment laws and company policies can’t fix an HR problem, a little old-fashioned common sense will get the job done.

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

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