Filed under: Human Resources, Notes from Jim | Tags: "human resources consulting", Communication, Human Resources, PEO
May 25, 2011
You Will Be Hearing From My Lawyer!
By Jim Guttmann, SPHR
It probably wouldn’t surprise you to hear that as a Human Resources Manager, I sometimes deal with irate employees or upset former employees. During our conversations some may even say, “I’ve had it! You will be hearing from my lawyer!” For many folks hearing those words, it may elicit feelings of anger or maybe terror. The thought of hearing from an attorney can be a bit daunting or threatening. After all, aren’t these individuals the ones that go around “slapping” folks with subpoenas? Sounds scary to me!
All kidding aside, oddly enough the first thought that enters my mind when I hear those words is “family.” You see, that’s because I have so many family members that are attorneys (e.g. my brother, a couple of cousins in town and several nieces and nephews in various parts of the country). This fact of having so many family members in the profession either provides “bragging rights” or becomes an opportunity to hear a lot of lawyer jokes, depending on the individual’s point of view. From all my experiences with attorneys (family members or otherwise), I really haven’t had any scary experiences except a few that I had with my older brother when we were boys. And that was just the usual stuff like being electrocuted, having spears thrown at me and being suffocated!
Yes, from my experiences I’ve found attorneys to usually be very nice people with two other main characteristics. The first is that they are often very bright. They have an ability to grasp issues quickly and demonstrate outstanding analytical skills. More importantly, my experience has been that they are very respectful of others — even those who have differing views and opinions from their own. Maybe that hasn’t been everyone’s experience but I haven’t personally encountered a rude attorney yet.
Going back to the situation of the irate employee, my response to the individual is to recognize his or her right to seek legal advice. For the individual, that validates a feeling of entitlement that he or she has anyway. I also provide some information as to what he or she might need to share with the attorney. In fact, these are matters that a good attorney would ask. The attorney may want to know if the company has an internal complaint procedure for resolution of issues and, if so, how that procedure works. At Landrum, we have an Open Door procedure that works quite well for our clients and their employees. In an effective open door process, individuals have a right to bring forward any legitimate complaint or concern and know that they will be heard, treated fairly and will not face retaliation for coming forward. We try to work through disagreements to find solutions that our clients and their employees understand and “can live with.” Without a doubt, having an individual take advantage of the company’s internal complaint procedure saves time and expense for everyone in the long run. Here is a sample procedure:
Open Door Procedure
1. First, discuss the problem or complaint with your immediate supervisor.
2. If not successful at the first step, you may discuss the problem with your department head.
3. Third, you may contact the Human Resources Director. The company will make every effort to resolve the situation, but we have to be made aware of the problem to be able to assist you.
4. Finally, if you are not satisfied with the answer you receive in the third step; please submit your problem or complaint in writing, within three days of notification of the decision at the third step, to the President who will advise you of a final decision.
Note:
If you feel uncomfortable discussing a problem or complaint within your department, you may skip the first two steps and proceed with step three, contacting the Human Resources Director. Employees who bring forth complaints in good faith will be protected against retaliation. Of course, you are always free to contact human resources regarding any problem that you have, even if it is personal in nature.
In summary, when managers are faced with a comment from an employee who feels a need to consult with an attorney, just work with it. Acknowledge the individual’s right to do so but also express that there is an internal process that your company uses for resolutions of complaints. It may turn out that the attorney could actually help in the matter and the results won’t be scary after all.
____________________________________________________________________________________
Jim Guttmann, SPHR
As a Landrum Professional Human Resources Manager, Jim is certified as a Senior Professional in Human Resources (SPHR) and has over 20 years of HR generalist experience for a large government contractor and Fortune 500 Company. He holds a Masters in Business Administration from Florida State University and is an active member of the Greater Pensacola Chapter of the Society for Human Resources Management (GPCSHRM), previously serving as their Vice President of Information Services and Chairman of the Workplace Diversity Committee. Jim is also certified as a County Mediator and in the administration of the Myers Briggs Type Indicator (MBTI).
Filed under: Human Resources, Landrum, Notes from Jim, Uncategorized | Tags: employees, Human Resources, Job Performance, relationships, Sexual Harassment, Trust
May 18, 2011
Falling “In Love” With Your Boss
By Jim Guttmann, SPHR
Let your imagination run rampant for a moment as we have a little fun. As an employee of Good Grief, Inc., you have fallen madly “in love” with your boss and you’re living together in a romantic relationship. I realize that it may be hard to believe, but your co-workers are not exactly enthralled with this idea. As an employee, you do only what’s minimally required – just enough to get by. After all, what boss is going to fire his/her sweetheart? On the other hand, your co-workers are a highly self-motivated and dedicated group of professionals. As time goes on there is a promotional opportunity within the department. Get this… Even though you are clearly the least qualified of those that apply from within the department, you get the job! This really aggravates your co-workers of both genders, who head out en masse to file charges with the Equal Employment Opportunity Commission (EEOC) for “sexual harassment” or “hostile work environment” against Good Grief.
You can relax, now. Remember this is only a hypothetical scenario, but let’s keep imagining about what happens next. EEOC listens to their complaints about unacceptable favoritism afforded to you merely because of your romantic relationship with the boss. The employees, however, are not going to be very happy about what the EEOC may have to say. The group hears that EEOC and the federal and state courts have pretty uniformly held that an employer is not liable under Title VII of the Civil Rights Act of 1964, as amended, if an employee receives preferential treatment because of a consensual office romance with a supervisor. Under the circumstances described, the relationship is voluntary; consensual; there is no submission to sexual advances or sexual favors in return for employment benefits; and no evidence exists that a relationship between employee and supervisor is a term and condition of employment. The EEOC has declared that Title VII does not prohibit isolated instances of preferential treatment based on consensual romantic relationships. To the contrary they have said, “An isolated instance of favoritism to a ‘paramour’ (or a spouse, or a friend) may be unfair, but it does not discriminate against women or men in violation of Title VII, since both are disadvantaged for reasons other than their genders”.
So, can we conclude that office romance between employee and supervisor is “no big deal?” Well, it may certainly be a big deal to the staff who resent the favoritism shown by the supervisor. It would be difficult to measure the degree of disruption the relationship causes in the workplace.
Beyond that, however, what if the nature of the romantic relationship changes? It may become an entirely different matter with EEOC if one party or the other breaks off the relationship. If the employee becomes the “jilted” party, will he or she possibly then maintain that the relationship was never consensual and that sexual advances or sexual favors were expected in return for employment benefits? Or if the supervisor is the jilted one, will he or she take some kind of retaliatory action in the future that will put the company at risk? Under either of these two scenarios, there is a distinct possibility of a claim of “quid pro quo” (a Latin term meaning “this for that”) sexual harassment. Quid pro quo harassment occurs when employment decisions or expectations (hiring, promotions, salary increases, shift or work assignments, performance standards, termination, etc.) are based on an employee’s submission to or rejection of sexual advances, requests for sexual favors, or other behavior of a sexual nature.
This whole situation can get even worse. What if Good Grief’s culture develops such that multiple romantic relationships of this kind occur in the workplace and employees suspect that entering into a romantic relationship with the boss becomes a way to get ahead? This creates a potential for employees not involved in a workplace romance to establish that there is hostile work environment discrimination based upon gender-based favoritism bestowed on those who were romantically linked with a supervisor.
In summary, today’s “fling” can be tomorrow’s “filing” and the evil cousin of office romance has the potential to develop into a sexual harassment lawsuit. Office romances can represent a slippery slope. If they should occur in your workplace, it is highly recommended that you seek the advice of a human resources professional or legal counsel to reduce the likelihood of litigation arising from workplace relationships. Doing so will in all likelihood prevent your company from experiencing the grief of Good Grief!
____________________________________________________________________________________
Jim Guttmann, SPHR
As a Landrum Professional Human Resources Manager, Jim is certified as a Senior Professional in Human Resources (SPHR) and has over 20 years of HR generalist experience for a large government contractor and Fortune 500 Company. He holds a Masters in Business Administration from Florida State University and is an active member of the Greater Pensacola Chapter of the Society for Human Resources Management (GPCSHRM), previously serving as their Vice President of Information Services and Chairman of the Workplace Diversity Committee. Jim is also certified as a County Mediator and in the administration of the Myers Briggs Type Indicator (MBTI).
Filed under: "Hurricane Season Preparation", Business Continuity Plan, Risk Management | Tags: "hurricane escape route", "hurricane season", Human Resources, safety, storm surge
May 16, 2011
Whatta’ Ya Mean It’s Hurricane Season Again?
By Guy Storey, ARM
How fast a year can pass when we look forward to beach weather, and enjoying the summer season for all the reasons that caused many of us to move to the Gulf Coast! However, June is just around the corner, and that means the beginning of Hurricane Season.
“ You live at the Beach…how fun is that?” How many times have you had that conversation with friends and relatives that you left up north (that’s any place north of I-10)?
New beach chairs? The new cooler with “sand dune” tires? Don’t forget the suntan lotion! All the fun things to plan for the summer season should also focus on preparation for Hurricane Season. The weather gurus are predicting another busy year! What a bummer! Dr. Gray and his team of prognosticators from Colorado State University (that’s right, hurricane “experts” from the Rocky Mountains) are predicting 16 named storms, 5 of which will develop into major hurricanes, and a 72% chance that one will make landfall in the U.S. More importantly, their statistics reflect a 49% chance that a major hit will occur between the Panhandle and the Texas coast.
Now, ask yourself, how accurate were last year’s predictions? Waaaaay off base, but we didn’t care because we missed all of the action, and celebrated when the season ended! But no matter the guesstimates, it’s time to get ready for the next Ivan or Katrina. Getting started early is not a bad thing! With early forecast technology, we have time to make last-minute preparations, but it’s time to put your program into motion now!
Our friends and neighbors in Alabama and other southern states were unfortunately caught unprepared after the largest outbreak of tornadoes on record. For several days almost the entire northern half of Alabama has been without power, and our hearts go out to the families and businesses that were affected by the storms. Although there was no way to prepare for such a sudden and horrific natural disaster, there is something you can do to prepare for a hurricane.
Plan your escape route, and communicate the plan to family and friends. Make certain that important papers and documents are packed and ready to go. Make necessary repairs to home and landscape to prevent missiles from damaging your property…or your neighbor’s property. And don’t forget about your pets! They need refuge too. Is your Homeowners Insurance coverage adequate for “probable maximum loss” (PML in risk management jargon)?
Are your emergency supplies, medications, battery-powered equipment and spare batteries in adequate stock? You don’t need to be reminded every day about the gas prices, but it’s wise to keep the fuel tank at a reasonable level if you should have to evacuate at a moment’s notice. And it may be time to invest in a new generator, and plenty of duck tape and tarps….the best investment that you may never need!
The disastrous season of 2004-2005 is a faint memory to most of us, with little impact in our personal lives. Hopefully those most affected have recovered mentally and physically/fiscally from the devastation. But time heals…or makes us forget how painful it was for many of the residents of the Gulf Coast….from the Panhandle to New Orleans, we all felt that we were the center of Mother Nature’s bulls eye!
Go online to any number of Hurricane Preparation sites, the American Red Cross being one of the most comprehensive, and prepare a plan for you and your family. And consider assistance to any neighbors that may have physical or mental challenges, the elderly or those financially strapped that may need help in a time of crisis. There is no harm in asking those in need before Katrina’s sister is steaming toward our shores…”what can I do to help you prepare?”
Plan and prepare! Time is on your side…maybe.
Read more about Hurricane Preparedness in previous published articles by Guy Storey.
Guy Storey, ARM
May 10, 2011
The Power From Within
By Jim Guttmann, SPHR
In today’s world it seems that many of us have a lot of reasons to be pessimistic. After all, we just have to turn on the T.V. and hear world, national and local news that may cause us to feel despondent. Additionally, some of us may also bear the burden of personal loss due to loved ones that have passed away, broken relationships, financial problems, work issues, etc. You can easily find good people who carry those burdens on a daily basis because they often wear what appears to be a continuous frown on their faces. Perhaps unknowingly, these individuals may not realize that the look on their faces does not appear very welcoming to others.
When these same individuals find themselves in positions where customer service is an integral part of the job, it is a cause of concern for an employer. To help these good folks out, what suggestions can we offer that will bring them out of this funk? One suggestion is to use a “special power” found within each of us. In fact, in my view, it is one of the most powerful resources that we all share as human beings. It doesn’t cost anything and you don’t have to hold a special status in life to access it. It is a smile! What’s fascinating about a smile is the profound affect that it has from two standpoints:
1. When you smile, interesting things will happen within you. Not everyone realizes it but facial expressions do not merely signal what one feels. They actually contribute to that feeling! It has been measured by numerous research studies that subjects instructed to force smiles onto their faces reported feeling happier than their non-grinning counterparts did. Although the smiling subjects in the research knew that they were “acting” the part, their bodies didn’t; and so their bodies responded accordingly. So, you can start to feel better and improve your mood by simply smiling!
2. When you smile, interesting things happen to others around you. For instance, have you noticed that smiling may break an “invisible” barrier between you and others, even strangers? Try it! When you smile at someone, almost inevitably, an individual will smile back at you. In a 2002 study performed in Sweden, researchers confirmed what many of us intuitively know. Subjects who were shown pictures found it easy to frown at a frowning face and smile at a smiling face. When asked to respond in the opposite manner to the expressions displayed in the image, individuals had a more difficult time doing so. It wasn’t as easy to frown when faced with a person smiling at you! From the standpoint of customer relations and other areas of your life, that has huge implications, doesn’t it?
In fact, on numerous occasions, I’ve been in meetings in which a person’s smile
served to diffused what otherwise would have been a tense situation. For me personally, when I see a smile on someone’s face it sends some subtle messages. That person:
• Genuinely likes herself or himself
• Lives in the present moment and is at peace with current surroundings
• Finds me interesting and likeable
• Welcomes me to join him or her in that same state of mind
In “The Definitive Book of Body Language “ authors Alan and Barbara Pease explain that people have a hard-wired “mirroring” instinct. We mirror the expressions that we see on other people’s faces when we meet them. Because of the effects that smiles have on us this can have a very powerful effect on your everyday interactions. Studies have shown that when you smile during an encounter with someone else, your encounter will run more smoothly and be likely to have a more positive outcome.
So, the next time you find yourself feeling blue, draw upon these lyrics from an old Nat King Cole song and find that power from within. Smile! You will feel better for doing it and others around you, including customers, will be smiling too!
Smile
Smile though your heart is aching
Smile even though it’s breaking
When there are clouds in the sky, you’ll get by
If you smile through your fear and sorrow
Smile and maybe tomorrow
You’ll see the sun come shining through for you
Light up your face with gladness
Hide every trace of sadness
Although a tear may be ever so near
That’s the time you must keep on trying
Smile, what’s the use of crying?
You’ll find that life is still worthwhile
If you just smile
That’s the time you must keep on trying
Smile, what’s the use of crying?
You’ll find that life is still worthwhile
If you just smile
( “Smile” is a song, originally used as an instrumental theme in the soundtrack for the 1936 Charlie Chaplin movie Modern Times. Chaplin composed the music. While some believe the words were written by John Turner and Geoffrey Parsons. Recorded in 1954 by Nat King Cole. [Wikipedia] )
____________________________________________________________________________________
Jim Guttmann, SPHR
As a Landrum Professional Human Resources Manager, Jim is certified as a Senior Professional in Human Resources (SPHR) and has over 20 years of HR generalist experience for a large government contractor and Fortune 500 Company. He holds a Masters in Business Administration from Florida State University and is an active member of the Greater Pensacola Chapter of the Society for Human Resources Management (GPCSHRM), previously serving as their Vice President of Information Services and Chairman of the Workplace Diversity Committee. Jim is also certified as a County Mediator and in the administration of the Myers Briggs Type Indicator (MBTI).
Filed under: Human Resources | Tags: Florida minimum wage increase, Human Resources, minimum wage
May 9, 2011
State of Florida Minimum Wage Increase Effective June 1
On May 3, 2011, a Florida judge determined that the state’s employment agency has been miscalculating the rate for minimum wage increases; therefore, effective June 1, 2011, the Florida minimum wage will increase by six cents per hour to:
- $7.31 per hour
- $4.29 per hour for tipped workers
All Florida employers who have minimum wage workers on staff, should be prepared to pay employees at the new minimum wage rate starting June 1st.
Employees who are not paid the required minimum wage, or who are retaliated against for asserting their rights under this law, may file a complaint with the Wage and Hour division of the U.S. Department of Labor. More Information about the Fair Labor Standards Act and compliance assistance can be found here.
The ruling to increase the Florida minimum wage is a result of a law suit, Cadet et al. v Fla. Agency for Workforce Innovation, filed in January by the National Employment Law Project (NELP), Florida Legal Services, and Tallahassee lawyer William H. Davis, on behalf of individual minimum wage earners and organizations made up of minimum wage workers.
For more details visit the NELP website.
Do you have a question or comment for a Landrum Human Resource Manager? Feel free to post in the comment section on this blog or submit here and an HR Manager will reply in a timely manner.
Filed under: Human Resources, Notes from Tom | Tags: "human resources consulting", Communication, employees, Human Resources, PEO, Suicide in the Workplace
May 4, 2011
Workplace Suicide (aka, The Worst Phone Call Ever)
By Tom Knox, PHR, IPMA-CP
Late one afternoon I received this call: “Tom, I think I have an employee who is about to take his own life. What am I supposed to do?” The manager making the call was at her wits end because her company did not have a plan to deal with threats of suicide. An impromptu course of action was developed to help the employee in crisis and to give some direction to the manager, and law enforcement and mental health professionals were contacted immediately. Law enforcement responded to assist the manager in speaking with the employee and mental health professionals were contacted for much needed advice.
Was it possible for this crisis to have been averted? Perhaps, but a threat of suicide may be spontaneous. Additionally, having the knowledge, skill and ability to handle comments about suicide is not likely to be in a manager’s job description. Thankfully, suicide is also not likely to be an issue a manager will have to respond to on a regular basis.
Suicides claim the lives of 34,000 people each year. It could happen in your company. Since there is no way to predict when someone might decide on suicide, it may be a good idea to develop a plan and equip supervisors at all levels of management with the tools to prevent a potential tragedy.
Research indicates that some of the typical warning signs exhibited by someone who is in danger of suicide include:
- Threatening to hurt or kill oneself and/or looking for ways to commit the act
- Talking or writing about death and/or making statements like “I wish I were dead” or “I am going to end it all.”
- Making plans or preparations for an attempt at suicide
- Isolating themselves from others in the workplace
- Expressing hopelessness
- Giving cherished possessions away
- Sudden mood improvement after being depressed
- Neglecting appearance and personal hygiene
- Sudden unexplained deterioration of work performance
- Expressions of intense feelings or indications of depression, rage and/or anger.
Some additional clues that a person may be contemplating suicide are:
- Alcohol and drug abuse
- A history of physical or sexual abuse
- Death of a friend or family member
- End of a relationship
- A previous suicide attempt
These lists are not exhaustive. The manager in this case intuitively and wisely reacted by doing what suicide prevention organizations suggest:
1. Take the employee’s declaration seriously
2. Remain as calm as possible
3. Express concern
4. Offer to get professional help for the employee
5. Keep the employee talking
Since this situation had become acute, 911 was called and law enforcement responded. The employee allowed himself to be escorted to a facility where he could receive the treatment he needed.
Once an individual displays some of the suicide warning signs, an attempt should be made to encourage the employee to voluntarily pursue help through the employer’s Employee Assistance Program (EAP) or other avenue of help. In this particular situation, the employee refused early intervention through counseling. As a result the manager had to react swiftly to an imminent crisis.
When 911 was called the appropriate authorities were immediately involved and were able to use their knowledge and skill to obtain much needed help for the employee; a tragedy was more than likely avoided.
Once an employee reveals their intention or determination for suicide, the employee, a co-worker, family member, friend or the manager can call the National Suicide Prevention Lifeline at 1-800-273-Talk (8255). Additionally, if you are in the Pensacola area we have a local hot line that provides similar services and may be reached by calling (850) 438-1617. Both lines are open 24/7 and can provide timely advice.
A manager’s best tool in suicide prevention is in knowing the warning signs, taking the threat seriously, being willing to listen, offering professional assistance through EAP, and in an acute crisis, calling 911. Finally, once a suicide has been averted, it is important to follow-up with the employee and offer continued support. Because of swift action by the manager in this situation, a crisis was avoided. After treatment and continual follow-up, the employee successfully returned to work and is still working today.
Tom Knox, PHR,IPMA – CP
Tom is certified as a Professional in Human Resources (PHR) by the Society for Human Resource Management and is a Certified Professional through the International Personnel Management Association (IPMA – CP). Tom is certified to administer the Myers Briggs Type Indicator and uses the information to facilitate team building retreats.
Filed under: Human Resources, Landrum, Training | Tags: "human resources consulting", Communication, Human Resources, PEO, Sexual Harassment
May 3, 2011
EEOC Victorious in Court: Sexual Harassment Lawsuits
by: Yvonne C. Nellums, PHR
On March 28, 2011, the Equal Employment Opportunity Commission (EEOC) won its third trial victory in 2011 by representing employees who complained of sexual harassment in the workplace. In the most recent case, EEOC vs. Boh Bros. Construction, a federal jury in New Orleans awarded a former employee $451,000. Earlier this year, a Memphis jury return a verdict of $1.5 million, and in Syracuse, N.Y., a jury awarded $1.25 million to 10 female employees.
One of the defining aspects of the Boh Bros. Construction case is that the employer had no policy regarding sexual harassment. The supervisor admitted he had received no training on the subject. The claimant charged that he was verbally abused and taunted by his supervisor. When he reported this to the company, it retaliated by moving him to another job which paid less and was then “laid off.”
Sexual harassment and retaliation violate Title VII of the Civil Rights Act of 1964.
“The jury’s verdict signals to employers the importance of having robust sexual harassment policies and training in place, including in predominantly male workplaces,” stated EEOC General Counsel David Lopez.
For all of our Landrum Professional clients, we ensure that each new employee receives these policies. Inside each new hire packet, employees receive an Open Door and Discrimination and Harassment Policy to review and sign. Also, this information is contained in the Employee Handbook. These policies explain of what constitutes harassment and the steps to report a complaint if the employee believes they have been subjected to harassment.
It is important to ensure that all of your supervisors and management staff understand the importance of the open-door policy and reporting complaints of discrimination immediately. Our HR managers assist clients with these matters to help resolve any conflicts in the workplace.
Does your organization have a Sexual Harassment Policy in place?
Landrum offers Sexual Harassment Training for Managers as one of the professional seminars presented at our corporate office. The next one is scheduled for November 15, 2011. For more information about our seminars or to register, click here.
Yvonne C. Nellums is Director of Human Resources for Landrum Professional Employer Services. She is a certified professional in human resources (PHR) and has more than 30 years of human resources experience in the corporate world, manufacturing environments, and the offshore industry.
