HR Laws & Policies

A Dim Bulb Burns Out

Another update from the Jungle…

Meet Tom. worker

Tom has worked tirelessly on a local factory manufacturing line for almost 30 years. He has rarely missed work and his work ethic is unbelievable.

There’s just one catch…

Tom is challenged when it comes to making sense out of everyday tasks. Although his IQ has never been measured, those who know him can tell that he struggles to understand new information. He often sits staring vacantly during his work breaks, unable to participate in any witty conversational banter, so he aimlessly watches the clock count down until his next shift. Tom has worked at the factory since he turned 18 and, through the years, has earned the right become a part of the company family. His supervisor and several co-workers look out for him on a daily basis. They try to protect him by intervening when younger workers try to make fun of him or call him names like “stupid.”

Now that Tom is almost 50, his learning disability has become visibly worse. He is often easily distracted and becomes completely inattentive while working on the line. This ends up compromising his ability to work on dangerous machines. (Especially after the day that he almost lost his finger!) His supervisor now assigns him to the dreary, boring, repetitive jobs on the safer equipment.

Eventually Tom’s supervisor decides to retire. He’d known Tom for the duration of 30 years at the factory and knew that under his watch, Tom would always have a job at the factory. On his last day, the supervisor warns his replacement that Tom needs to be handled with compassion and patience because of his slower disposition. The new supervisor, David, is a rising star at the company and laser-focused on increasing productivity and efficiency. He becomes instantly offended that his managerial skills are being questioned by the retiring “old geezer.” He dismisses the unsolicited suggestion with a disingenuous “Ok. Sure.”

factoryIn the days following, David is overwhelmed and irate with Tom’s slow pace and inability to concentrate on the line, so he begins to routinely shout at and berate Tom during his shift. David pushes Tom to move faster and to stay focused, which creates confusion and high levels of emotional distress for Tom. This erratic behavior becomes so frequent that David decides to notify Gloria, the company’s HR representative. David informs her that Tom needs to be terminated for poor work performance ASAP.

Early the next morning, before Gloria could call Tom into her office, he wandered away from the line and walked over to the field next to the factory’s parking lot. He stood in the rain, gazing up at the sky and proceeded to take off his clothes and lay down on the ground. David sees this and sends an employee to tell Gloria to call 911.

What should Gloria do next?

She should call the paramedics so that Tom can be taken to the hospital for evaluation?
She should tell David to stop bullying his subordinates?
She should review the company’s procedures for dealing with distraught workers?

stigmaIn the actual situation, the paramedics were notified, and they transported the employee to the hospital where he underwent a psychological evaluation. That diagnosis led to the employee being placed on permanent disability. As the stigma attached to mental health recedes, employees should be encouraged to seek assistance rather than suffering in denial.

Corporate Compliance Risk Advisor will expertly create and customize all necessary HR policies that are appropriate for the size and culture of your company. CCRA will then facilitate as a valuable resource to your staff during the policy’s implementation phase.

Join the HR Compliance Jungle today. Click here!

Follow us on Facebook & Twitter!

Visit us: http://www.complianceriskadvisor.com/

Ebook Link:  https://hrcompliancejungle.com/wp-content/uploads/2015/03/skh-employee-theft.pdf

I’m Not Crazy!

Mental Health1Andrea is a lawyer in the corporate legal department of a major company.  She’s never quite fit in with the rest of the department and tends to work alone rather than as part of a team.  She gets the assignments the other lawyers don’t want.

Over time, feeling isolated and unwanted, Andrea’s confidence drops and the quality of her work slides.  She thinks about calling the employee assistance program (EAP) but she’s paranoid that her boss will find out and it will be a mark against her.  So she slogs along feeling unwanted and unappreciated.

Her lowest point comes when an executive chews her out in front of the whole department accusing her of misreading a paragraph in a contract that he wants to cancel.  When Andrea protests that she wasn’t asked about how to cancel the contract, the executive says she’s incompetent and ought to be fired.

On the way home that day, Andrea buys supplies at a local craft store to build a piñata. That evening she creates the piñata and writes the executive’s name on it. Then she beats the piñata to a pulp with her tennis racket.  After that, she has a glass of wine and some dark chocolate.

Mental Health3But wine and chocolate can’t solve every problem. Andrea’s morale continues to disintegrate and she becomes deeply depressed. She begins seeing a psychologist for mental health counseling. The counseling sessions help her with personal problems even as her work situation deteriorates.

Eventually, she is fired from her job and she sues the company. The company argues that she was fired for incompetence due to emotional and mental instability. To prove it, they demand details of her sessions with the psychologist. The company argues that it has a right to this information because it paid the insurance premiums for the health plan that covered the psychologist’s sessions.

What should Andrea do next?

  1. She should make a bigger piñata of the executive and buy more wine and chocolate.
  2. She should accept that she’s not crazy; the company was the wrong employer.
  3. She should write an advice book about dealing with egotistical managers and start a new career as a business consultant.

Mental Health4The above scenario is loosely based on a California lawsuit about ten years ago where the company argued unsuccessfully that paying health insurance premiums meant it had a right to know the details of an employee’s mental health treatment. Unfortunately, arguments like the one raised by the California case make it difficult to convince employees to seek mental health treatment from an EAP or their health insurance plan.

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.

Join the HR Compliance Jungle today. Click here!

Follow us on Facebook & Twitter!

Visit us: http://www.complianceriskadvisor.com/

Ebook Link:  https://hrcompliancejungle.com/wp-content/uploads/2015/03/skh-employee-theft.pdf

I’m Not Offensive… You’re Overreacting.

Another update from the Jungle…

Ted-1Ted runs a company that provides website and social media support for small businesses. Ted grew up in the advertising business when it looked a bit like “Mad Men” and some of his habits are outdated. His most annoying habit is using nicknames.

Employees recognize Ted’s professional skills and ability to get customers to sign on the dotted line. Nicknames are part of the package when working for Ted. After all, every workplace has annoyances.

One employee is Italian-American and was nicknamed Guido because he looks like an extra in the Godfather movies.  Another employee is Mario, short for Mario Andretti, because he’s gotten some speeding tickets.  Blondie is an attractive woman who was hired long ago and keeps everyone on task.

Then there’s Tom, the first person Ted hired when he started the business. Tom is the only employee called by his real name and he’s so valuable to the team that Ted made him a partner in the business. Ted calls him Uncle Tom.

Ted-2Recently, Ted agreed with his team that they needed to give back to the community by offering an internship to local college students.  Judy is the first intern they hire. She’s a marketing major with an endless curiosity about all aspects of the business and a willingness to learn.  Ted calls her the Elephant’s Child, after another inquisitive youngster. Judy isn’t familiar with Rudyard Kipling’s “Just So” stories and thinks Ted’s nickname is demeaning.

Two weeks into her internship, Judy hears Ted shout “Uncle Tom” and sees the only black employee heading for Ted’s office. She’s appalled. She tells Blondie that she can’t work for a racist like Ted and wants out of the internship immediately.

What should Blondie do next?

  1. She can tell Judy that real world workplaces don’t come with college “safe zones” to avoid offending people. Succeeding in business requires a thick skin.
  2. She can tell Judy that offensiveness is in the eye of the beholder and if Tom’s not protesting, then Judy shouldn’t either.
  3. She can tell Ted that he needs to join the 21st century and recognize that some of the things he learned “back in the day” are no longer acceptable.

The legal standard for deciding offensiveness is based on reasonableness. Would a reasonable person hearing a nickname, their own or a co-worker’s, be offended?  The answer depends on the specific situation. However, a nickname can be in poor taste even if it doesn’t rise to the level of violating any equal protection 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.

Join the HR Compliance Jungle today. Click here!

Follow us on Facebook & Twitter!

Visit us: http://www.complianceriskadvisor.com/

Ebook Link: https://hrcompliancejungle.com/wp-content/uploads/2015/03/skh-employee-theft.pdf

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! 

Click here to join the HR Compliance Jungle today.

Follow us on Facebook & Twitter!

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! 

Click here to join the HR Compliance Jungle today.

Follow us on Facebook & Twitter!

What Are We Thankful For?

Another update from the Jungle….
image049Nicole, the HR manager, had a scary Halloween with underclad co-workers and a wild Veteran’s Day that ended with claims of discrimination. She is finding it increasingly difficult to boost morale among her fellow employees. She’s trying to boost morale because her co-workers are disenchanted after years of no pay raises and limited opportunities for promotions.

Her newest morale booster is a Thanksgiving lunch. She even convinces the company’s president to pay for the turkey and dressing. Now all she has to do is convince her co-workers to bring side dishes and prepare to have fun. She tapes a sign-up sheet to the refrigerator in the break room.

Before anyone can sign up, Steve stops by her office to demand beer with lunch. Nicole vetoes alcohol, as usual. She tells Steve that he seems unhappy and asks if he’d be happier working for another type of employer, such as a honkytonk or a house of ill repute in the Nevada desert.image051

Then Monica pops into Nicole’s office to announce that she has just become a vegan because living off animals is disgusting. Monica wants vegan-acceptable food at the Thanksgiving lunch. Nicole replies that Monica can bring a side dish that satisfies her new dietary requirements, as long as it’s not kale or cabbage or a similarly aromatic vegetable.

Next a delegation of employees crowds in to Nicole’s office. The Hispanics are still furious about the Veteran’s Day event when a co-worker suggested building a wall on the southern U.S. border. Now they complain that Thanksgiving completely ignores their cultural heritage. Sam Redhawk complains that Thanksgiving is racist for celebrating the extermination of Native American culture. The gist of the complaints is that they feel unappreciated and marginalized.

What should Nicole do next?

  1. She can tell her co-workers to shut up and be thankful they still have jobs.
  2. She can strive to make Thanksgiving lunch a celebration of multi-cultural America, encouraging everyone to bring a side dish that represents their cultural origins.
  3. She can tell the president there are serious morale issues that can’t be fixed with food and that he should watch “Mutiny on The Bounty” if he wants to preview the end of the story.

If you’re an HR manager, you’ve probably had a year like Nicole’s year. The holiday season isn’t over yet so stay tuned for more adventures with Nicole.

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.

Follow us on Facebook & Twitter!

Happy Veteran’s Day!

Another update from the Jungle….

veteransNicole, the HR manager, is planning another morale boosting event. Her first effort was the Halloween party a couple weeks ago which ended on a sour note when some of the costumes exceeded her expectations and the president’s tolerance.

Nicole is now working on her Veteran’s Day celebration. Ever the optimist, Nicole decides on a pot luck lunch with a patriotic theme. She announces that during the luncheon, they will honor employees who served in the military.

As usual, the whine of the day comes from Steve who says he’ll boycott the party if there’s no beer. Nicole says no alcohol will be served since everyone has to work after lunch. She’s beginning to wonder if Steve would be happier working for a different sort of employer.

On the morning of the party, Ruth stops by the break room to look at the decorations and fixates on the red paper poppies
that adorn the middle of each table. Ruth says that displaying red poppies encourages the use of
image048illegal drugs because everyone knows that heroin comes from poppies. Nicole retorts that everyone knows red poppies symbolize the military dead in World War I. Shaken but undeterred, Nicole finishes the decorations as people wander in for lunch.

Almost immediately, there’s a problem in the buffet line. The employees split into two (almost equal) camps arguing about the wars in Afghanistan and Iraq and whether the president should send troops to fight in Syria. Then someone says the U.S. needs stronger border controls to keep out illegals and terrorists. This provokes the Hispanic workers who angrily deny being “illegals”; the Muslims who say that they aren’t terrorists; and the Indians with H1B visas who work in the IT department and complain that they haven’t stolen jobs from Americans.

What should Nicole do next?

  1. She can forge ahead with the plan to honor the military veterans, although this now seems risky since half the employees appear to be in an anti-war camp.
  2. She can sneak out of the break room and hide in her office until after lunch.
  3. She can hold an impromptu educational discussion on the company’s anti-discrimination policies and appreciating diversity in the workforce.

Nicole’s first two attempts to boost morale on a limited budget haven’t gone as well as she would have liked but there’s still time before the holiday season ends. Stay tuned for more adventures with Nicole.

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.

Follow us on Facebook & Twitter!

Did He Really Say That?

Another update from the Jungle….

unnamed (13)Erica is interviewing for a job as the HR manager for a small privately held company.  Erica heard about the job opening from a friend. She is looking for a change after growing bored with her current employer.

Erica is capped on pay and promotions with her current employer unless her boss dies or retires, neither of which seems likely.  Months ago, Erica suggested a special project working with IT to upgrade some of the creaking systems that slow down productivity and offered to lead the project task force. Her offer was rejected by her boss and her boss’s boss, leaving Erica with the impression that they weren’t serious about productivity gains or keeping her engaged as an employee.

So Erica decided to move on. She applied for the HR manager opening and was invited in for an interview. At the interview,
she waits in the shabby lobby for 20 minutes past the time her interview is scheduled to start. Finally,a man in his late 60’s steps in to the lobby to invite her to the conference room for the interview.

In the conference room, Erica blinks as she gets a closer look at her interviewer. He looks like an
image045extra from the Godfather movies with chunky gold rings on both hands and a large gold watch.  His shirt is open half-way down his chest displaying gold chain necklaces.  In a voice roughened by cigarettes and cheap whiskey, the man explains that he’s looking for an HR manager to keep the “government off his back”.

Erica asks if his company’s employment practices were audited by a government regulator but he brushes aside the question. He says that companies like his would be a lot more successful if the government would stop interfering and telling him how to run it.  Then he explains that he’s had trouble in the past hiring women because “they start with single coverage on the medical plan but next thing you know, they’re on the family plan”.

What should Erica do next?

  1. She can call him a dinosaur, list all the federal and state employment laws he’s violated during the interview and storm out of the room.
  2. She can expend a lot of effort trying to get the job since the company obviously needs all the HR help it can get.
  3. She can send the owner a bottle of cheap scotch after the interview to thank him for his time and pray that he doesn’t offer her the job.

In the actual situation, the interviewer never made a job offer. The interviewee continues to congratulate herself on one of the narrowest escapes of her professional career.

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.

Follow us on Facebook & Twitter!

Halloween is a Scream

Another update from the Jungle….
image039Nicole is the HR manager for her company and she’s had a tough time for the past few years. Her company avoided layoffs but they haven’t given pay raises in years. Nicole tries to find other ways to boost employee morale.

This month’s morale booster is a Halloween party on the Friday closest to October 31st. Nicole emails employees encouraging them to come in their favorite costumes and compete for prizes. Poor Nicole! Even after years of experience in the HR world, she’s still a bit naïve.

Her email has barely hit the company’s intranet when Steve slouches in to her office to complain that he won’t attend the party if he has to wear a costume. He also demands that suitable adult beverages be served at the party. Nicole isn’t that naïve. She vetoes alcohol.

Then Ruth walks into her office to say that her church forbids Halloween parties because they encourage worship of the devil. She threatens to sue for religious discrimination if she’s forced to attend the party. Ruth also says that competing for prizes is gambling which is prohibited by her faith, state law, and the employee handbook.

After a quick review of company policy, Nicole concludes that prizes of nominal value won’t result in her arrest, so she forges
image042 ahead with her party plans. Friday arrives and Nicole decorates the break room with the help an elf, a 1930’s railroad hobo, and a clown. Then she rewards herself with a glass of (non-alcoholic) punch as she watches the employees file in for the party.

Suddenly, her glass of punch slips from her hand and she stifles a scream as she watches Tina sashay into the break room. Tina is wearing three-inch stiletto heels and a scanty outfit modeled on Elvira, Mistress of the Dark.

What should Nicole do next?

  1. She can ask Steve to find the nearest liquor store and buy her a restorative drink to help her recover from the shock of seeing Tina.
  2. She can award Tina the prize for most innovative costume.
  3. She can escort Tina from the break room before the president sees his CIO decked out like a (high end) call girl.

Has your company ever held a holiday party that went awry? Stay tuned for more adventures as Nicole navigates through the holiday season this 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.

Download my FREE eBook today! Click here! 

Click here to join the HR Compliance Jungle today.

Follow us on Facebook & Twitter!

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! 

Click here to join the HR Compliance Jungle today.

Follow us on Facebook & Twitter!