Harrassment

Good cover, lousy book

Another update from the Jungle….
NS12016-2Gene is the managing partner of a professional services firm and he’s extremely proud of the team that works with him.  He insists that they follow a reasonable work schedule leaving time for family.  He rewards every employee with a bonus when the firm hits revenue targets.

The result is high productivity and soaring morale. People want to work at his firm and Gene has the luxury of picking job candidates that best fit his philosophy. It was all smooth sailing until six months ago when he hired Avery.

Avery looked great on paper. His three page resume looked impressive, full of academic achievements, extensive industry experience, and a history of community involvement.  Avery showed up for the interview in an expensive suit, looking thoroughly professional. He was relaxed, articulate, and generated a good vibe when he met the whole team.  He seemed like a great fit for the firm and Gene hired him.

Within a week, Avery was a problem.  He told several senior partners that his old firm had a much better system for tracking client services.  Then he told the secretaries they were being unfairly exploited and should go on strike for higher wages.  After that he asked junior staff members why they worked so hard when there was no obvious path to promotions since all the senior partners were years from retirement.

Gene learned about the underbelly of discontent when a delegation of junior staff members cornered him to complain about Avery.  The youngest secretary said she didn’t appreciate being told that she ought to feel exploited. That was one of the milder comments.

Gene’s always been told not to judge a book by its cover.  But it’s obvious that underneath Avery’s polished façade lies a wealth of baggage picked up from the conditions he experienced with previous employers.

How should Gene handle this situation?

  1. He can fire Avery immediately since the state has “at will” employment. But with Avery’s baggage, a wrongful termination lawsuit seems inevitable.
  2. He could try to counsel Avery on his attitude but worries this will simply delay the inevitable outcome.
  3. He can tell Avery that the firm isn’t the right fit and offer Avery a generous severance package in exchange for leaving immediately.

In the actual situation, the firm chose the third option because the management team decided that a toxic personality was too big a risk to keep on the payroll and the severance package limited any possible wrongful termination claims.  Everyone lived happily ever after (except “Avery” who carried his baggage to the next employer’s office).

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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The Back Stabber

Another update from the Jungle….

backstabMarcella was happy to find a friend like Barry when she joined her new employer. He seemed like such a nice guy, interested in mentoring younger co-workers like her. Barry was a big help to her as she navigated the internal politics of her new employer.

Gradually over the months, Marcella talked about her children and she even gave Barry a few details about her messy divorce.   A female co-worker warned Marcella that Barry’s nice guy image was barely skin deep. Marcella dismissed the comments as sour grapes because the co-worker had been bounced from Barry’s team due to poor performance.

Then Marcella disagrees with Barry about how to solve a problem on their team project. Barry first tries to shame Marcella
in front of the other team members by explaining that he has so much more experience than her, his solution is the best. When Marcella refuses to back down, the matter escalates to their boss who agrees with Marcella’s solution to the problem.

A week later, the boss stops by Marcella’s office to ask if everything is okay at home. He assures her backthat she can have time off to go to court to deal with her son’s drug problem. Marcella’s shocked; her son doesn’t have a drug problem. Other co-workers stop by during the next few days to offer support.

Marcella remembers confiding to Barry several months ago that she was worried about some of her son’s friends. During that conversation she also said she was happy that her son’s school invited a community outreach police officer to talk to the students about the consequences of drug use. Marcella thinks that Barry twisted this information because he is mad about losing their disagreement on the team project.

What should Marcella do next?

  1. She can confront Barry to ask if he is the source of the rumor and then emulate Dolly Parton in “9 to 5” (threatening to change him from a rooster to a hen).
  2. She can complain to an HR representative but she has no proof Barry started the rumor and it’s not clear that any employee policy has actually been violated.
  3. She can avoid Barry as much as possible and never confide personal information to him again.

In the actual situation, the backstabbing employee eventually alienated so many employees that he became completely isolated. When the company downsized, he was the only employee not invited to join co-workers as they found new employers.

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.

Download my FREE eBook today! Click here! 

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Promoted to Failure

Another update from the Jungle….

actionplanJulia, the HR manager, is watching her company’s diversity and inclusion program go hideously wrong. Julia pushed every level of management all the way to the C-suite, urging them to broaden the pool of employees eligible for promotion to management. What did all her effort get her? Margaret.

Margaret worked in operations for many years and understands the technical side of the job but her interpersonal skills are dismal. She’s whiny and needy and self-absorbed. Some of her shortcomings might have been fixed if the C-suite had accepted Julia’s recommendation to create a management training program.

Instead, Margaret was promoted to manager without training or a mentor to help her. Now she micromanages her subordinates and refuses to delegate any decision-making authority to them. But she’s afraid of being held responsible if something goes wrong so she fails to make any decisions.

When other department managers complain that their work is disrupted, Margaret blames her subordinates of incompetence. Her subordinates show up and don’t do their jobs since they know bossany actions they take are likely to be undermined by Margaret. Most of them are applying for transfers away from her.

The stress on Margaret is so intense that she suffers from migraines and works from home several days a week. When she does come into the office, she is so unpleasant that everyone avoids her.

The steady rumble of discontent is growing so loud that the C-suite is having trouble ignoring it. Julia is desperately searching for a solution to the whole mess but she’s run out of time. In today’s mail she receives an EEOC notice letter that a complaint of racial discrimination has been made against Margaret by Margaret’s secretary.

What should Julia do next?

  1. She can recommend that Margaret be appointed special liaison to the company’s suppliers with an immediate posting to, say, Shanghai or Taipei.
  2. She can investigate the charges and then artfully respond to the EEOC in a way that is slightly more flattering than the actual situation warrants.
  3. She can notify the C-Suite of the EEOC investigation and use this as an opportunity to convince the senior managers to approve a training program for new managers.

In the actual situation, the EEOC concluded there was no racial discrimination because the new manager treated all her subordinates like crap. The employer hailed this decision as a victory. The new manager was eventually reassigned during a departmental reorganization but the employer still doesn’t have a training program for new managers.

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.

Download my FREE eBook today! Click here! 

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New Job; Old Baggage

Another update from the Jungle….
image029Betty started a new job about six months ago but already the old patterns are starting to repeat. Betty’s last job became so unbearable that she quit. Now she seems to be headed down the same path again.

At her last job, a clique of female co-workers proved that Heathers don’t get nicer as they grow up; they just get older. They made Betty miserable. They invited her to lunch during her first week on the job for the apparent purpose of mocking her interests and lifestyle. That was the beginning of a long campaign of passive aggressive behavior aimed at undermining Betty.

When Betty complained about misplaced files or sabotaged resources, her clueless boss labeled her a complainer. Betty didn’t want to be best friends with the clique but in a small office it meant she was isolated and alone. Betty’s confidence eroded and her performance suffered. When her performance review assessed her as “not a team player”, Betty took the hint
image031 and found her current job.

Unfortunately, the old baggage came with her. She knows some of her new co-workers think she’s a snob for declining lunch invitations and not participating in the monthly office birthday parties. But Betty’s cautious of getting to know her new co-workers because she’s afraid of meeting a new group of Heathers.

Today, an HR rep asked Betty to stop by. At their meeting, the HR rep asked Betty how she liked her office, her workload, and how she was getting along with her colleagues. Betty gave a non-committal answer. Then the HR rep asked Betty if she would like to participate in a new mentoring program which was created to help new employees integrate into the company.

What should Betty do next?

  1. She can decide based on her past experiences that she will “fail” at this job so she should quit now and join a commune in Alaska.
  2. She can start looking for another job hoping that things will be different next time.
  3. She can accept the invitation to join the mentoring program, increasing her chances of having a satisfying career with her current employer.

In the actual case, the first employer had no mentoring program because the owners were not convinced that touchy-feely programs contributed to the bottom line. Consequently, they experienced a high level of employee churn and were eventually acquired by a competitor.

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.

Download my FREE eBook today! Click here! 

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Get Rid of Him!

Another update from the Jungle….
image024Doug is getting close to retirement age after a long, not very distinguished, career. He’s still the consummate professional but it’s obvious that all is not well with him. He is out sick at least one day a week and he doesn’t do much work on the days he is in the office.

Doug’s problems are becoming a headache for Suzy, the HR manager. Suzy likes Doug; he’s always polite and respectful which is not true of his pushy boss. The pushy boss has ordered her to find a reason to fire Doug. Suzy privately thinks the pushy boss wants to make his budget look better by dumping Doug for a less experienced and lower salaried employee.

Suzy begins discrete inquiries of Doug’s behavior and job performance. His friends tell Suzy that Doug suffers from anxiety
attacks and depression. Doug’s anxiety attacks worsened when he was moved into an office on the 15th floor with a wall of windows. Doug has a fear of heights.

Doug’s also having trouble remembering things. Yesterday, Suzy overheard a junior team member
image025talking to Doug about a client problem. When Doug said the problem sounded familiar, his junior replied, “It ought to; it’s your client”.

Today Suzy is meeting with Doug’s boss. She suggests that Doug should be moved to an interior office but the boss says no; senior people like Doug must have a window office. Next Suzy asks for examples of Doug’s work that show he can’t do his basic job description. The boss has none. In fact, Suzy already knows the boss gave Doug a tepid, but positive, performance review.

What should Suzy do next?

  1. She can tell the pushy boss that he’s a dingbat for trying to fire an older worker who is obviously still competent and who has not received a negative performance review.
  2. She can read up on the definition of “disability” in the Americans with Disabilities Act in case Doug decides to ask for an accommodation.
  3. She can verify that the company has employment practices liability insurance because her gut instinct is that Doug’s boss is about to demonstrate the need for such coverage.

In the actual case, the older worker eventually took early retirement based on health reasons and faded away without raising any of the legal issues that were available to him. The pushy boss was promoted which allowed him to be pushy to a greater number of people simultaneously.

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.

Download my FREE eBook today! Click here! 

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They Didn’t Like Her Looks

Another update from the Jungle….

unnamed (9)Alana walked into the break room to refill her coffee mug and stumbled into a raging war. A group of co-workers were arguing about the merits of the presidential candidates. Alana sidled toward the coffee maker regretting that she didn’t send her assistant to check if the coast was clear.

The political argument covered familiar ground. Several co-workers scoffed that Carly Fiorina is ugly and unattractive and so she shouldn’t be president. Another co-worker chimed in criticizing the physical appearance and business sense of Hilary Clinton. Both women were criticized for fashion faux pas.

Aside from a few cracks about Donald Trump’s hair, the male candidates were judged on their prior experience and ideas.
The argument focused on the conservative credentials of the male candidates but no one criticized their suits or their ties.

Alana grabbed her mug and trudged back to her office reflecting that some things never seem to change. The AP 2016 BUSH CLINTON FUNDRAISING A ELN USA NYwomen candidates are judged on their physical appearance and not their ideas or abilities. Alana thought about other women presidential candidates. In 1972, Shirley Chisholm’s campaign was dismissed with a smile. In 1984, Geraldine Ferraro’s qualifications as a vice presidential candidate were buried under stories about her husband’s alleged Mafia connections. (He was Italian-American from New York and owned a construction business.)

Alana’s the HR director for her company and she conducts many interviews to screen job applicants. The interviews require her to judge job candidates based on appearance, how well they prepare for the interview and their prior work experience. Inevitably, some job candidates lose the chance to move to the next stage of the hiring process because they don’t look or act “right” in the initial interview.

Alana knows that rejecting a job candidate almost always involves her biases, good and bad. She also knows that there are many ways to explain why a candidate was rejected that appear neutral and unbiased.

What should Alana do next?

  1. She can resign her job and go live in a cave with no wi-fi until after the presidential election next November.
  2. She can create a new HR policy banning political discussions in the break room.
  3. She can accept the reality that we are judged on our appearance and recognize how her personal biases influence her hiring recommendations.

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.

Download my FREE eBook today! Click here! 

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Psycho Boss

Another update from the Jungle….
Sue hates her job because she works for a psycho. Sue was transferred into the psycho’s
department during a company-wide reorganization about six months ago and life’s gone steadily
image031downhill since.

Sue’s psycho boss loves to assign multiple projects with the same deadline, which pretty much guarantees that something won’t be done on time. During the first month, Sue asked which project should be given priority and psycho boss always responded that the projects were equally important. So Sue stopped asking about prioritizing the workload. Of course, psycho boss blames Sue when deadlines are missed.

Refusing to establish priorities is just a symptom of psycho boss’ favorite management technique. Psycho boss refuses to make decisions because she’s afraid to take responsibility. But she won’t allow her subordinates to make any decisions without her input.
image035Last month, Sue decided to fight back. She bought a doll that she treats as her boss’ avatar. Each evening, she sticks pins in the doll and wishes psycho boss would vanish. So far the doll looks like a pin cushion but the bad juju hasn’t worked because Sue still works for the psycho.

Sue knows that senior management is aware of psycho boss’ management deficiencies. But she also knows that they won’t take any action as long as the work is done and the grumbling doesn’t flare into an open revolt. After all, senior management doesn’t want to admit they made a mistake by promoting psycho boss in the first place.

Yesterday, psycho boss called Sue into her office to accuse Sue of incompetence. When Sue asked for specific examples based on her work, psycho boss started yelling and cursing, accusing Sue of insubordination. Now Sue is sitting at home, sticking pins in the doll and considering her options.

What are Sue’s options?

  1. She can take an advanced course in black magic and hope it works better than the juju doll.
  2. She can complain to HR about psycho boss’ unprofessional behavior (yelling and cursing) and request that an HR rep attend future meetings between Sue and psycho boss to serve as a witness.
  3. She can look for another job either within the company or with another employer.

In the actual situation, the company reorganized their departments again and psycho boss lost supervisory authority in the changes. So in a weird way the juju doll worked because psycho boss vanished.

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.

Download my FREE eBook today! Click here! 

Click here to join the HR Compliance Jungle today.

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Love in the Workplace

Another update from the HR jungle…

Bobby supervises the day shift crew for his company. A few months ago he became romantically involved with one of his subordinates. Then they broke up.

When Bobby verbally counseled the subordinate about poor attendance she countered with a complaint of harassment. A few weeks later when Bobby proceeded to a written warning about attendance she complained to the owner (John) about sexual harassment and a hostile workplace. That was John’s first clue that he had a problem.

John’s company grew organically over the past few years and has few formal processes for handling employee complaints. There is no HR department, only a payroll administrator who coordinates payroll matters with the CPA firm that handles John’s business and personal tax matters.

What should John do next?

1. He needs to immediately investigate and resolve the complaint against Bobby. He may want to hire a third party to conduct the investigation to demonstrate that the process will be neutral and fair to all parties.
2. He needs to decide how to avoid similar situations in the future perhaps by creating an explicit non-fraternization policy.
3. Most importantly, he needs to create some human resources policies appropriate for the size of his company so that employees know what is expected of them and what they can expect from John’s company.

Has your company faced similar problems and wondered what to do next? Corporate Compliance Risk Advisor can help your company to create the HR policies that fit your situation and then be a resource to your staff.

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Is DIY Always the Best Approach?

Another update from the HR jungle…

Bentley is the office manager for a small manufacturer. He was originally hired as the second shift supervisor but his organizational flair meant he soon was promoted to an office job. Now his boss has assigned him responsibility for employee matters.

Bentley knows nothing about human resources or how to run an HR department but he’s a team player. He knows the company faces some HR issues already. Several second shift employees have complained about being harassed by a co-worker. Bentley knows all the parties involved from his days on second shift and is worried the harassment really happened.

Bentley begins researching harassment issues on the EEOC website. There he discovers that harassment comes in many forms and is covered by several different laws. Bentley also notes there are a lot more federal HR laws that apply to his employer than he initially realized. (Bentley hasn’t even begun to look at applicable state laws.)

What should Bentley do next?

1. He could continue researching HR laws and issues but the research cuts in to his regular workload.
2. He could muddle along doing his best until a crisis erupts, exposing the gaps in the company’s HR compliance efforts.
3. He could tell his boss that it’s time to get professional help in setting up the HR department. A person knowledgeable about HR issues can be a resource for Bentley while he learns his new duties as head of HR.

An ounce of prevention is worth a pound of cure, as the old saying goes. Corporate Compliance Risk Advisor can help your company create an HR department and then serve as a resource to your HR staff.

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