discrimination

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.

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Ebook Link:  https://njshirk12.files.wordpress.com/2015/03/skh-employee-theft.pdf

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Masters of the Universe

Another update from the Jungle…

Masters1Jim and Tony run a venture capital fund that specializes in distressed assets. They buy companies, replace the management team, cut most of the employees to generate savings and make the company look profitable (on paper). Then they sell the company.

A business magazine features them in an article and uses the term masters of the universe. After the feature article, Jim and Tony decide to branch out from distressed assets and buy a company that has been successful without being spectacular.

Jim and Tony begin their ownership by holding a company-wide meeting with employees at which they talk about the company’s wonderful financial future. This sales pitch is interrupted by Linda who asks them to reconcile these comments with their established practice of boosting profits by firing most workers. Jim evades her question. So Larry asks pointblank how many jobs will be cut. Jim looks at Tony. Tony shrugs. The meeting ends abruptly.

Masters3After studying the company’s bottom line, Jim and Tony decide that the first employees to go are Linda and Larry. They tell Sandra, the HR rep, to prepare the paperwork. She cautions against firing two of the most respected workers. Jim looks at the org chart again and concludes they are peons.

On Friday, Linda and Larry are ushered out the door. Their first port of call is an employment law attorney where they discuss wrongful termination, retaliation, and age discrimination.  The attorney has a vision of becoming famous by taking down the masters of the universe. He agrees to represent Linda and Larry.

Master2Within weeks, a third of the workforce resigns following Linda and Larry out the door. Jim and Tony are initially relieved; they only had to fire two workers. But the remaining workforce is demoralized. Within six months, the company has lost several key clients and the bottom line is tanking. Jim and Tony call a meeting with Sandra to discuss staffing levels and the status of Linda’s and Larry’s lawsuit.

What should Sandra tell them?

  1. She can say that she warned them that firing Linda and Larry would have dire consequences.
  2. She can tell them that as masters of the universe, she expects them to solve their own problems.
  3. She can hand in her resignation, having already received several job offers.

The above scenario is exaggerated but may seem familiar to anyone who has experienced a change in ownership at an employer. Creating a plan with HR for handling inevitable layoffs can smooth the transition. It is also helpful to see employees as more than just a cost to the bottom line.

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!

Ebook Link:  https://njshirk12.files.wordpress.com/2015/03/skh-employee-theft.pdf

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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.

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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! 

Click here to join the HR Compliance Jungle today.

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