Archive for March, 2010

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Workplace Bullying – A Cost to Your Organization

Sunday, March 28th, 2010

Remember the playground bully? The kid whose purpose was to torment, threat, and (at times) physically assault others? Well, that bully grew-up and became your co-worker. If not addressed, bullies can cost an organization over $750,000 annually, according to Allison West, Esq., SPHR.

While there are no laws against bullying, there are claims of unlawful conduct that protect employees from behaviors that may be the result of bullying such as: Discrimination, retaliation, invasion of privacy, emotional stress and defamation of character. In April 2008, the Indiana Supreme Court upheld a verdict of $325,000 against workplace bullying. The plaintiff claimed assault, intentional infliction of emotional distress, and tortious interference with employment. Researchers have found that workplace bullying is more harmful than sexual harassment. As published in the American Psychological Association, twenty five percent of targets (people being bullied) and twenty percent of witnesses leave their jobs, because of workplace bullies.

The Financial Impact of Workplace Bullying

The financial loss to an organization starts before an employee (who was bullied) resigns. Leading up to the resignation, the organization’s day-to-day operations will suffer and negatively impact the bottom-line due to an increase in absenteeism, low morale, decline in performance/productivity, time spent by management to investigate, organization’s PR, health care cost and legal fees.

One may wonder, if bullies are so costly, why are they in the workforce? According to West, the number one reason that bullies are in a workplace is because the employer lets them get away with bullying. By not directly addressing their behavior and ensuring that it changes, a bully will continue to create an uncomfortable environment for others. Characteristics of a bully may include:

  • Belittling opinions
  • Aggressive voicemails/phone calls
  • Ignoring /interrupting others
  • Rolling eyes/threatening posture
  • Humiliating/intimidating others

Here Are Ways to Create an Environment Free from Bullies:

  1. Institute Organizational Core Values – Ensure that every member of the organization follows them.
  2. Create a Policy against bullying that includes an anti-retaliation clause.
  3. Investigate all reports of bullying.
  4. Don’t Ignore Claims
  5. Train Your Staff- Make workplace bullying a part of your Sexual Harassment training and train on Respect in the Workplace and Conflict Resolution
  6. Reward deliberate acts of kindness
  7. Conduct Exit Interviews- Find out why employees are leaving
  8. Track Turnover Rate by department and manager

If you have been a target of bullying, or are aware of aggressive employee behavior, please contact a Human Resources Consulting firm for further guidance.

Source: “The Bully and the Bottom- Line” Workshop Allison West, Esq., SPHR at the HR Star Conference, 2010

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Employee Record Keeping & Documentation – An Overview

Thursday, March 25th, 2010

Employee Documentation and Record KeepingThere are many federal laws and state requirements, ranging from the Fair Labor Standards Act to Title VII of the Civil Rights Act, that require employers to retain employee records.  In addition to maintaining employment files, accurate documentation will assist in addressing employment claims.  In this introductory post, we will touch on some “high level” aspects of employee record keeping and documentation. In subsequent posts we will dig deeper into this important, but complex, topic.

Most employment documents are required to be maintained for up to two years, which include:
•         Applications/resumes
•         Pre-employment tests/reference checks
•         Evaluations of interviews
•         Ads for open positions
•         Applicant or Employee files

There are additional documents that must be maintained for a longer period of time. Examples include:
•         Payroll records, time cards, and union contracts – 4 years
•         Workers’ compensation records, injury reports, OSHA documents – 5 years
•         Employee benefits records, COBRA, ERISA documents – 6 years

Documentation
While recordkeeping prepares you for employment claims, accurate documentation is vital in demonstrating proof of actions.  In order for documentation to work effectively, it must be detailed, focused on the facts and signed whenever appropriate.   For example, performance appraisals, written warnings, or any type of formal job performance evaluation.  These documents should be signed by both the supervisor and employees.   Here are some specific items that must be included in your documentation:
•         Name(s) of employee(s) involved in the event that warranted documentation.
•         Date and time
•         Type of violation/event observed
•         Specific details
•         Photocopy of any evidence-  Evidence may include time cards documenting an individual’s attendance, failure to sign time card or the manipulation of a time card.  Additionally, documents like a doctor’s note and requests for leaves may be evidence that proves useful to photocopy and retain.

There are common documentation errors that can prove costly to addressing an employment claim.  These errors include:
•    Documents not signed
•    Illegible handwriting
•    Overdue/late
•    Inaccurate information
•    Biased/unsupported opinions

In summary, record keeping and documentation are important when managing employees.  Feel free to contact our Human Resources Outsourcing firm with any questions regarding your current record keeping or documentation policies.

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Common Employee Documentation Errors You Can Easily Avoid

Monday, March 22nd, 2010

employee documentationThe world-wide mantra of Human Resources is DOCUMENT!  While potentially time consuming, you should always remember:  if an event is worth remembering, it should be written down. If it is not written down, it will be regarded as a non-event; as if it never happened. You do not want to find yourself in court, avidly stating that you spoke with an employee on numerous occasions, only to find yourself with no evidence to support your claim.

In upcoming posts we will review some of the key elements of a solid documentation practice. But to begin, we thought we should review some of the big DON’Ts of Employee Documentation.

Firstly, realize that there are common errors that do occur, often due to our busy schedule and our need to rush. Most mistakes are avoidable – documentation should never be rushed!

Common documentation errors include:

  • Unsigned or undated documents
  • Illegible handwriting
  • Overdue or late
  • Inaccurate information
  • Biased or unsupported opinions
  • Vague information
  • Inconsistency
  • Lies

These are common errors that can easily be eliminated.

Sign and date all statements that you write and make sure the individual signs as well if it is appropriate.  If an employee refuses to sign, either have a witness come in and sign that they witnessed the refusal or ask the employee to sign a line that states “they refused to sign the document”.

If it can’t be read it will only frustrate the situation, so remember: penmanship counts.

Don’t delay writing up recent events, as soon after they occur as possible. Delaying will only cloud your memory and weaken the validity of the account. Along those same lines, documentation that was written up days or weeks later than the event carry much less credibility and don’t shed a favorable light on the company or you.

Avoid all opinions and attitudes.  Along those same lines, be specific and don’t be vague.  If an employee needs to improve performance, specifically state how and why; don’t just say “they need to get better.”

Finally, NEVER make personal notes on any documents.  This includes resumes, applications, warnings, performance appraisals, you name it.  Employee documents and files can be subpoenaed in court, and while you many think the employee will never see it, it is altogether possible that a judge will.  And once written, don’t erase your comments – altering documents is against the law, including side-notes and handwritten comments.

These are just a few of the most common and easily avoidable documentation errors. Our next posts will look at Documentation Best Practices.

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8 Things You Need to Know BEFORE Rebuilding Your Workforce – Part 2

Wednesday, March 17th, 2010

Human Resources ConsultingIn yesterday’s post, we discussed the challenges employers will be facing as they begin rehiring employees into the workforce. We touched on four areas of which employers should be aware as they begin the hiring process -  Job Descriptions, Advertising, Screening and Applications. In today’s post, we will look at another four key elements:

  1. Interviewing
  2. Record Keeping
  3. Temporary Workers
  4. Layoffs and Rehiring

Interviewing. It is important to ensure that managers conducting interviews be trained in what they can and can’t say legally during the interview.  We recommend that at least two managers, or a manager and HR person, be present at all interviews. If an applicant calls later with a complaint, you have a witness for what was said. A set of interview questions that are used consistently for all applicants will help ensure that all applicants were treated fairly, and will assist you in determining the most qualified applicant.

Record Keeping. All of your hiring records should be kept for at least two years according to Title VII and Americans with Disabilities Act. This would include all applications of those not hired, advertisements, and interview notes. The Lilly Ledbetter Fair Pay Act has injected uncertainty into the duration of an employer’s record keeping requirements with respect to pay decisions. This guidance is based upon the noted statutory law. In this period of uncertainty, before destroying any documents related to decisions about an employee’s pay, we recommend you conduct an audit of your pay practices, and seek legal council.

Temporary Workers. Many companies, when they are unsure of their long term hiring needs, hire temporary workers. As the business needs are clearer, employers can shift to full-time hiring, or hire the temporary worker. Temporary or part-time workers can be a good option because the company is able to observe the employee’s job skills. However, hiring temporary workers can be costly because many temporary placement firms charge a substantial fee if the employer permanently hires the temporary worker.

Lay-offs and Rehiring. If you have been through a reduction in force, and are considering rehiring, there are a few considerations. In some layoffs, employees are terminated with an expected return date. For instance, many businesses layoff for the winter, and employees are rehired in the spring. This is usually the case when an employer operates under a collective bargaining agreement, or employs trade related employees. However, in our current economy, when the reduction in force is due to business slowdown, layoffs are generally considered final terminations. Unless you made a promise to recall an employee, you are not obligated to do so. You are free to go through the selection process, and choose the most qualified applicant. Be cautious to ensure there are no discriminatory reasons for not returning a former employee, or promises to the contrary, in which case, you would need to restore the prior employees.

Don’t go at it alone.

While the laws governing employment regulations, hiring and terminations are complex, you should realize there are valuable resources available to assist you along your employment travels. Consider engaging the support of a Human Resources Consulting firm, or a Professional Employer Organization. These firms are experts in employment law and can significantly help reduce your risk of making a bad employment decision.

(Source: EPLI Pro, March, 2010 Newsletter)

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8 Things You Need to Know BEFORE Rebuilding Your Workforce – Part 1

Wednesday, March 17th, 2010

We read in the news that the economy is improving, and unemployment is dropping slowly. The recent labor market outlook surveys show that a majority of employers are somewhat optimistic about job growth. This article discusses a few of the issues you should consider before rehiring or hiring in this post recession job market.

Employers will likely encounter large applicant pools due to the number of currently unemployed individuals. This will pose challenges for screening applicants to ensure you find the right employee. Also with many applicants competing for few jobs, there is the increased possibility of claims of discrimination, as many of those who were laid off during the recession may be in protected classes. Applicants that have been in the job market for awhile can be more challenging. For instance, we are seeing an increase in applicants calling back after being turned down for a job saying, “I felt like the interview was going well, until the interviewer asked about —. I think that is why I wasn’t selected.” This makes it all the more important for employers to develop a recruitment plan for finding the right employee. The plan should be consistently followed in order to document the reasons for selecting an individual applicant, and the reasons why others were not.

In this and following posts, we will review the following areas:

  1. Job Descriptions
  2. Advertising
  3. Screening
  4. Applications
  5. Interviewing
  6. Record Keeping
  7. Temporary Workers
  8. Layoffs and Rehiring

Job Descriptions. The job description is the first step in the recruitment process. A good job description accurately reflects the essential functions of the job. It should include the skills, knowledge, qualifications, and experience required. It is important to include the physical requirements of the job to evaluate applicants with disabilities. An applicant with a disability, like all other applicants, must be able to meet the employer’s requirements for the job. A good job description can assist you in this process of evaluation.

Advertising. Describe the position in the advertisement consistent with the job description. Consider placing key criteria for selection in the advertisement to assist in the screening process. Avoid terms that would have a discriminatory affect, for instance “energetic, young, professional”. You may want to consider local workforce development organizations that work with displaced workers. They may have programs that will assist you in the screening process. Maintain a copy of all advertisements as part of your hiring records.

Screening. The screening process for a large applicant pool can be overwhelming. Consider phone interviews to help sort through resumes or applications. Many employers also use pre-employment testing. While testing tools can assist you in determining the most qualified applicant, they can violate antidiscrimination laws. Therefore, employers should consult a professional before using personality tests or other standard tests, as they might not be in compliance with the law for certain positions. Tests that are generally accepted if applied to all candidates for a position are typing, computer skills test, or job task demonstrations. For instance, if lifting is required, you can ask applicants to show they are able to lift the necessary weight.

Applications. Ensure that your employment application is legal and accurate. You should have a question about criminal convictions with appropriate legal limitations, whether the employee can perform the essential functions of this job – with or without reasonable accommodation -, and can they meet the attendance requirements of this job. An application that complies with federal and state laws is available on our website.

In our next post, we will review Interviewing, Record Keeping, Temporary Workers and Layoffs & Hiring.

(Source: EPLI Pro, March, 2010 Newsletter)

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