Ten Management Tips to Put Your HR Attorney Out of Business!

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Not listening to employee complaints or failing to act decisively will lead to disgruntled employees over time. Disgruntled employees are the ones who sue.  Though most employment-related legal issues are avoidable many companies never work on prevention.  They stay in reaction mode.  Unfortunately, once you are sued by an employee, other employees are more likely to consider this option.

.No company can achieve all of these preventive strategies perfectly.  My advice is to decide where your worst weaknesses are, and work on those. Then establish long-term goals to address the others over time. If you are struggling to develop an HR strategic plan, some of these strategies might make sense for you.

These Ten Management Tips will help you minimize successful employee lawsuits

  1. Establish a code of ethics & define positive culture –  include examples of wanted (collaboration) and unwanted (disrespectful) work approaches.
  2. Ensure that all employees know, understand and follow sensible policies,
  3. Define each position/job as more than just the tasks – include end results and work approach.
  4. Treat each hire as an opportunity to build on your positive culture – screen for technical skills, desired work approach and fit with company values and philosophies.
  5. Evaluate performance for all aspects of the position – tasks, end results and work approach.
  6. Listen carefully to every employee complaint – everyone wants to be heard.
  7. Know what your supervisors are doing – they are by extension, you.
  8. When one employee mistreats you or his/her peers, respond firmly and professionally – don’t overreact but also don’t ignore it.
  9. Treat all employees professionally, respectfully and equitably.
  10. Staff HR with a professional, knowledgeable individual or contract with an attorney and carefully weigh his/her advice.

(c) 2012 BCSPublishing all rights reserved.

Today’s Strategic HR – Supporting the achievement of financial goals

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Sound Human Resource management is as essential as financial management in today’s business environment. If employees are distracting each other, unmotivated, ill-trained or worse, ignorant of how their efforts either facilitate or detract from company goals, what’s the point of reporting financials and talking about fiscal responsibility?

Every company job must contribute to the bottom line. For HR this means certain competencies are essential:

  1. Extensive knowledge of the company’s main lines of business;
  2. Knowledge of finance, sales and marketing, efficiency strategies and operations;
  3. Knowledge of organizational strategic planning and setting strategic goals;
  4. Keen understanding of how division/department action plans support strategic goal achievement;
  5. Understanding the variety of talent activities that could support the achievement of company goals; and
  6. Development of HR strategic plans

HR’s mission has evolved 

Over the last 50 years HR’s mission has changed.  Gone are the days of “recruiting qualified candidates” or “training and staff development.”

  • 1960s to 80s – Recruitment, training and record keeping
  • 1980s to 2000 – Uninterrupted supply of qualified, well-trained employees
  • Today – Align comprehensive talent management with the company’s strategic plan to facilitate the achievement of company goals

For more HR mission statements www.missionstatements.com. 

All company strategic goals including purely technical goals such as finance or IT have numerous and related human resource implications. If a strategic goal is to increase company profitability, consider these human resource-related questions:

  1. Do you have the right competencies in the Finance office?
  2. Does the CFO have performance problems?
  3. What drives revenue? Can people make a difference? Which jobs have key influence in financial success?
  4. Are senior leaders held accountable (perf. eval.) for their share of revenue activities?
  5. Does the senior leadership team work collaboratively together toward financial ends?
  6. Do financial reports provide data that accurately reflect progress toward goals so that management can make sound decisions?
  7. Does every employee understand the importance of key financial indicators?
  8. Do senior leaders, supervisors, and front line job descriptions include financial end results?
  9. Does the compensation program reward good performance in finance?
  10. What employee-oriented barriers might interfere with revenue increases?
    • Are the barriers attitude-based (uncooperative, disgruntled or toxic employees)?
    • Are they competency-based? Performance-based?
    • Employee relations-based? Poor engagement, poor management?
    • Employee poor health or stress-related? Absenteeism, presenteeism?
    • Tools and materials-based?

And finally,

11. Does the corporate culture and values reinforce financial stewardship?

Think strategically and good luck!!

(c) BCSPublishing 2012 all rights reserved

How to Make 360 Performance Feedback Less Snarky, More Helpful

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Performance Evaluation Input

For supervisory staff especially, it is helpful to get constructive feedback from other supervisors (peers), the person’s supervisees, and maybe even external contacts with which this supervisor has regular contact. Many companies try this only to abandon the activity when the feedback is less than helpful. I’ve tried various techniques to maximize the positives of peer and supervisee feedback and minimize the mean and unproductive things folks say when providing feedback. Here’s a brief discussion.

Why use feedback to inform performance evaluations?

Looking at a front line supervisor position, feedback might be helpful in the following scenarios:

  1. If a company has strong peer-to-peer relationship values, this feedback is essential to know how employees are using this value.
  2. Supervisors with an authoritative style may be stifling supervisee ideas – how else would you know?
  3. Some supervisors cater to supervisees and are isolated from or less kind to their peers.
  4. Perhaps most of the supervisor’s contacts are outside the company and external relations are highly valued.
  5. Feedback from more than one dimension can provide the best, well-rounded context for the supervisor’s performance development.

Pitfalls

You create these questionnaires, you explain why you’re gathering feedback and you let participants know that recurring themes will be discussed with the employee for their evaluation. Sounds straightforward. Two ways for this to go wrong – one is participants are afraid to provide feedback if they question or distrust your assurances.  This is a difficult problem to overcome.  It takes a trusting, professional atmosphere.  You can begin with a pilot program and expand as employees see that the original documents are not seen by the employee.  Creating a healthy workplace culture is the topic of several individual posts on this blog.

The other is that participants go overboard detailing everything the employee ever did wrong. Employees may not be experienced in providing feedback. Sometimes they mistake this as an invitation to vent. Understanding professional boundaries is something employees often need support to achieve. Starting with the assumption that most employees have some useful feedback, the key is to ask only questions for which answers are helpful.

Try this

The key is to tie the question to the employee’s effect on those around them and avoid open-ended questions. You want to focus on what the employee does and not workers’ personal opinions about them.

  • “Please note areas in which you feel this individual performs well or where his or her actions contribute to your success or the success of the organization.”
  • “Please note areas in which you think this individual could make some changes in order to better contribute to your success or the organization’s success:

(c) BCSPublishing 2012 all rights reserved

 

Why and When Employees Sue

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Pitfalls

The employer-employee relationship is complicated.  Technical competence; objective performance measures; work approach; relations with supervisors; and relations with coworkers enter into the employee relations atmosphere.  As if that weren’t enough there are generational dynamics and continuous workplace changes to manage .  So many opportunities for things to go wrong!

Despite all this and some increase in employment-related complaints, most employees just show up and do their best.  The majority of employees never even consider bringing legal action against an employer, even when they are cranky and unhappy.  So what is it that pushes employees from disgruntlement to adversary?

Employees don’t generally leap from contentment to complainant.  They gradually move into a disgruntled mindset when they disagree with a company decision or performance assessment.  Once disgruntled, employees are much more likely to consider taking action against their employer. When an employee feels wronged he/she is more likely to think they are owed money/damages or they want to punish the employer by bringing public scrutiny through a lawsuit. Employees will try for a while to get satisfaction through channels but at some turning point they decide no one is listening. Perhaps their boss minimizes their concerns or an informal complaint is dismissed without explanation. In my experience during these key periods in the employee’s thought process a considerate and respectful intervention can mitigate the move towards a lawsuit.  HR professionals and some perceptive supervisors are alert to an employee’s thinking and frame of mind. Unfortunately these opportunities are often missed or misunderstood.

Common sources of employee disgruntlement

  • When a long service employee is reprimanded, performance counseled or terminated;
  • Real or perceived general disrespect;
  • Real or perceived discrimination;
  • Real or perceived retaliation for doing what the employee thinks is morally right or fair.

Terminations and decisions employees won’t necessarily embrace can be delivered in a very respectful and compassionate manner.  You have to decide which of these postures to take:

  1. We are terminating you because you are a terrible employee and your performance is horrendous.  You did this, you did that . . .; or
  2. You are a good person and in the right position you will be successful.  This isn’t a great fit for you . . .  Let me make sure the transition is considerate and offer you help with the transition, benefits, etc. Would you like time during the day to work on your resume? How can we help?

Any company who has paid $40,000 to an undeserving employee to settle a lawsuit knows it is worth it to pay attention to this dynamic.

Best practice prevention

Lawsuits are prevented by good communication; managing employee expectations with clarity; supervisory training; and prompt, clear negative responses to supervisors and coworkers who relate to others with abuse and intimidation.  Respectful, thoughtful responses to employee complaints and addressing whatever they key issue is with concrete corrections will greatly reduce your chances of being sued.

Here are some additional materials of interest

Six Reasons Why Employees Sue Their Boss

Why Employees Sue

Dissatisfied Employees Sue at Record Pace

As always, good luck.

(c) BCSPublishing 2012 all rights reserved

Employee Engagement and Accountability

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What’s the ultimate goal of employee engagement?

To my way of thinking, the purpose of employee engagement is to enable company success while increasing employee satisfaction and retention.  Programs that increase employee engagement will support and enhance:

  • Employees’ understanding of and buy-in to company strategic goals;
  • Employees full understanding of their job duties which in turn promotes good performance;
  • Employees’ healthy relationship building with management and coworkers; and
  • Overlap between the employee’s values and the company’s desired employee relations values.

Comprehensive engagement

Comprehensive employee engagement binds the employee to the company – building a strong and healthy relationship.  When employees are engaged they understand the company’s strategic goals and weigh important decisions against them. Engaged employees have a healthy sense of where the company’s goals and their personal goals intersect. Engaged employees abide by a set of personal values that are in sync with the company’s values. Engaged employees not only know and understand the company’s strategic plan, they also understand how the activities of their own positions fit within that plan and help to achieve its goals. Engaged employees work collaborative with others because they understand how “silo” thinking distracts from productivity and prevents success. Finally, engaged employees understand and benefit from an evaluation of their work quality by the company. They are active participants in supervisory discussions. They offer ideas and suggestions and are open to feedback because they want to improve and do well. In addition, they can rely on a pledge that supervisors will provide constructive feedback building on their strengths to address and improve weak areas.

Accountability for end results

Full engagement can’t really be achieved without accountability. The company is obligated to create good working conditions and to make sure employees have the tools they need to do well.  The company must also be accountable for establishing a respectful environment in which the employee can achieve their highest level of performance free of abuse and intimidation. Employees must show up and be personally responsible for their conduct and results. Supervisors must act responsibly on behalf of the company, model healthy, productive habits and achieve their own end results as well.

(c) BCSPublishing 2012 all rights reserved

Don’t Let Employees Manipulate You – strategies for supervisors

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Who suffers when employees manipulate supervisors?

When I speak to supervisors about how to respond to toxic employee behavior I am often struck by the pain they feel when employees mount these manipulation attacks. There is usually a point where someone cries.  It’s actually not because they’re sad, but it is relief that someone finally understands and validates what they’ve been through. They feel tremendous comfort from sitting among others who have had similar experiences. It’s the power of the group. Of course the company also suffers as employees are distracted from job duties by social turmoil.

Vulnerable Supervisors

Manipulative employees are among the most challenging for any supervisor. However, inexperienced managers are especially vulnerable when supervising crafty long-service staff.  These super manipulators have antennae for finding your weak spots.  Maybe you care what others think of you.  Maybe you can’t stand to get the silent treatment from coworkers. Whatever it is, they’ll find it.  Building on what pushes your buttons, manipulators will create fear and through that fear, control you and the actions of those around you. These strategies are all meant to prevent you from holding them accountable and they typically work very well. Supervisors need the knowledge and strategies to see the manipulation in order to neutralize it.

Emotional manipulation in the workplace can involve:

1. Power – Arguments over who has authority and how policies are enforced;

2. Personal attacks – meanness directed at the supervisor; and

3. Emotional blackmail – threat to become overly/highly emotional.

_ _ _ _ _ _

1.  Power

Here are some of what I like to call “conversation stoppers” manipulative employees use to get their supervisor to stop the offense and get on the defensive:

“You didn’t tell me I couldn’t leave early”

It works: supervisors will second guess themselves that they haven’t been clear, try to clarify their instructions and then feel guilty about enforcing consequences.

Try this instead: “I hear you but no supervisor is expected to make an exhaustive list of everything an employee can or can’t do.  What we are looking for is good judgment from all our employees. People who think about the company’s needs. We have two choices.  We can remove all your decision-making authority or I can provide coaching to you about all the negative effects your leaving early has on coworkers and customers.”

“You didn’t warn me about this change”

It works: The supervisor feels badly that employees might have been caught off-guard. He/she will hesitate and again, may not feel comfortable holding the employee accountable.

Try this instead: “Yes. You’ve mentioned that before. I guess what we are looking for is for people who are flexible.  We also like it when employees think ahead and anticipate changes.  For the company to be successful in today’s business climate, we have to be prepared to change rapidly.  We have to move with the markets. Maybe this just isn’t a strength for you. Maybe you might feel comfortable in a different assignment.”

Here are some other “power and authority” proclamations you might encounter:

  • I was promised this schedule when I started
  • You told me I could use my discretion
  • You never told me my performance was a problem
  • My performance has always been evaluated as above average
  • My old supervisor was okay with it
  • You come in late, you leave early
  • Jane comes in late, she leaves early
  • We all discussed it and we changed the decision

2. Personal attacks

These can be especially painful for supervisors who want to be well-liked.  Here are some examples:

“We talked about it and we all feel that you are the worst/meanest supervisor.”

It works: No supervisor wants to hear this.  The trouble is that it probably isn’t true.  When a manipulator wants others to hate you they tell people only the parts of the story that make you look bad.  And if people do hate you as you are the only supervisor actually making employees accountable it isn’t necessarily a bad thing.

Try this instead: “It seems like you’ve been busy talking negatively about me and the company . You don’t seem to understand what supervisors are asked to do here by our bosses. I get paid to make sure employees all contribute to company sustainability.  I guess if making sure employees get their work done makes me the worst supervisor, then oh well.  I need to correct you on the “mean” comment, though. If you experience a supervisors questions or evaluations of your work as “mean” you might want to rethink working here because that “mean” thing is going to happen every day.  We’ve established that you think I’m mean. What’s next?”  Move on to the next topic.

Other person attacks meant to control you or distract you from holding employees accountable include:

  • No one likes you
  • No one wants to sit with you at lunch
  • I don’t think the boss respects your work
  • We don’t think this is the right job for you

3.  Emotional blackmail

The use or threat of use of strong emotions to control others is less common that the other two techniques but can be very effective. Using this strategy, supervisees become overly emotional (tears, upset, victim) at the slightest hint of negative feedback from their supervisor.

“I don’t feel safe here, why does my supervisor keep doing these things to me?”

It works: Everyone is on egg shells to keep the person from expressing their strong emotions all over the office. In the long term, this gives the individual tremendous power.  First it is emotional breakdowns. Then it’s just the threat or idea that it could happen.  Before you know it, decisions that could result in their upset are re-thought. This dynamic has a chilling effect on creativity and innovation as these emotional employees are generally averse to any change.

Try this instead: “I understand that you were upset when we turned down your request to leave early today.  There are coverage issues this afternoon. The problem is that the things that cause you to be emotionally overwhelmed are things that most people in the office take in stride. In addition, these are things that will continue to go on in the office. The way you handle this . . going around to everyone’s office and talking trash about me and the company are enormously disruptive to everyone’s work. I would like to work with you to come up with some strategies that will reduce the amount of emotional outbursts in the office.”

General strategies for supervisors

If you stay grounded and understand these remarks as manipulation attempts instead of true or possibly true statements, you can stay detached and keep your cool.  Another strategy is to bond together with other supervisors and help them to see how these tactics distract supervisors and wear them down.  Staying united and supporting one another can be a powerful way to respond to manipulative techniques.  Finally, find ways to de-stress and associate with supportive healthy friends outside of work. If needed, see a coach or therapist to maintain healthy self worth and prevent yourself from victimization by this kind of behavior.

(c) BCSPublishing 2012 all rights reserved

“Overshare” The Modern Version of TMI!!

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I heard this word for the first time from a student in one of my classes.  He was giving way too much information about his personal life – making other students uncomfortable.  I see it now in various settings.  For example, LinkedIn is for business and professional information.  Most social media folks feel personal stories and photos don’t belong there.

I use my Twitter account as a professional tool.  It has a professional handle and over the last year I’ve gotten better about following people who tweet about professional, related topics.  I wrote a blog about the weird, sexy head shots some professional women use there.  To me, cleavage is a little too personal if your content is of a professional nature.  The rule of thumb for me on that is – What do you want people thinking about when you’re talking to them? The words and points you are making or the shape of your body.  At work I’m looking for the words and points!

Facebook is a place where people definitely overshare. I like to read about basic news of family, graduations, etc. Not all that interested in drinking/drunk pictures. I’m also a little uncomfortable when people at either end of the spectrum go too far down the political path.  I have a wide mix with a smattering of far left and far right.  One far right person unfriended me because of stuff my other friends were posting.  Oh well.

Employees clearly overshare in the workplace about their illnesses, surgeries and personal troubles.  I have been called upon to help companies make a healthy shift in the milieu.  It is complicated and requires a multi-pronged approach but involves orienting employees to HIPAA guidelines and such.

Finally, the dreaded friend overshare.  The worst for me is graphic detail about an illness.  Seriously. Do not need to know what flu symptoms kept you up at night.

If you have employee overshare stories I would love to hear them. @HRSociology.

(c) BCSPublishing 2012 all rights reserved