Posted on Wed, Sep 08, 2010 @ 07:15 AM
In the spirit of keeping our readers out of trouble (a common theme of our business), we'd like to talk a bit about policy development. One of the biggest things that gets employers in trouble from an employee relations standpoint is poor use (or no use) of formal internal policies. Many companies don't even have an employee handbook, which obviously completely negates any sort of "that's our policy" defense in case of legal issues.
The development of an effective leave of absence policy in a small employer company requires many considerations. Here are the five key components of an effective leave of absence policy:
- Legal Compliance
- Organizational Culture
- Cost
- Administrative Burden
- Workforce Demographics
Legal Compliance
Ensuring the company is in legal compliance is the highest priority for any employer. Some leaves are legally required, depending on the size of the organization. For instance, the Family Medical Leave Act (FMLA) is primarily concerned with companies of 50 or more employees.
The HR professional needs a thorough understanding of required state and federal leaves before developing a leave of absence policy. Consideration should also be given to the future. For example, a company with 45 employees with solid growth may want to go ahead and implement an FMLA policy.
Organizational Culture
The desired culture of the organization is also an important piece for the HR professional to understand. This involves understanding the company’s strategic and philosophical tendencies. The company should consider how it wants to be viewed internally and externally. A proper leave of absence policy may help a company that is concerned with attraction and retention issues.
Cost
With any organization, large or small, cost is going to be a crucial consideration. A leave of absence policy can have direct and indirect costs to a company. A direct cost would be the actual cost of having an employee gone (vacation pay, for instance). An indirect cost may be the morale cost of those still at work.
Administrative Burden
Don't forget about those who are left to keep track of everything. The administrative burden of this policy needs to be considered, as this can have a significant impact on smaller companies' administrative staffs who are probably already stretched paper thin. Complex leave policies require more administrative work to keep records accurate and policies current.
Workforce Demographics
Finally, an HR professional must understand the demographics of the workforce. This allows a better understanding of what types of leaves will have the most impact.
Resources in this Post:
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Posted on Thu, Aug 26, 2010 @ 07:08 AM
Are You Losing the Unemployment Claims Battle?
It’s probably comes as no surprise that unemployment claims have risen substantially in the past eighteen months, and while hiring rates seem to be increasing gradually, there’s not yet an end in sight as benefits continue to be extended.
Understandably, the number of companies disputing claims are also increasing, as is the number of employers who take the step to appeal and overturn a unemployment benefits award.
However, judging by the relatively low number of claims and appeals being won by the employers, not many are doing a very good job of fighting unemployment claims. Here’s why, and here's how your company can do a better job.
1.) Poor or No Documentation
Many employers fail to realize that the documentation they provide regarding an employee’s work history and termination will be translated as evidence by the unemployment office. Simply put - No documentation = No evidence.
The burden of proof that the employee was fired for cause is on the employer entirely, and they must prove the termination was cause to deny benefits. While it is legal in most states to terminate an employee at will, many employers do not know that termination under at will does not deny an employee their unemployment benefits.
Included in this documentation of employment and termination needs to be verification that the employee was aware of company policies, such as signature of receipt for the employee handbook and other types of internal company training.
Additionally, if an employee is terminated for a violation not outlined in the employee handbook (give that link a look if you're not sure if all of your "policies" are documented), employers are going to have a tough time proving that a violation even took place, especially if the employee was never warned of their behavior.
Around here we like to call these expensive little mishaps "unwritten policies." Here are two extremely helpful blog posts discussing these all too common omissions and why you should avoid them.
If you need help with your employee handbook, drop us a line immediately. This is one of the most important pieces of a properly functioning small business.
2.) The Wrong Representative
Who usually handles the appeals hearings in your company? Hopefully Human Resources or an HR representative is speaking on behalf of the employer during the hearings, as it should be.
These hearings are defined by protocol and it’s important that the employer side be led by a highly experienced professional, such as the Certified HR Professionals at Integrity HR (yes, we provide this service to our clients). However, that usually is not enough.
Unless the representative witnessed first-hand the behavior that led to termination, it can be perceived as hearsay. Sure, it’s professional hearsay if HR is speaking regarding what the supervisor told them or even documented, but the hearing officer will need to hear it straight from the supervisor’s mouth for it to hold much weight.
The same is true for anyone who witnessed the behavior that led to termination – or who can attest to the employer’s consistent application of the policy in question. Having these witnesses available to provide personal testimony is key and employers must often determine if they want to invest the time to pull them away from their duties in order to participate, or if they want to risk the validity of their appeal.
If a witness absolutely cannot be present, a signed and sworn statement from the witness may be substituted (considering, of course, it is provided to the hearing officer and the claimant as required in advance of the hearing)
3.) Inaccurate Reason for Termination
This all comes down to why the employee was terminated. If the employee is terminated for attendance, this is what they are told, and this is what is provided in the unemployment fact finding interview, then that is what will be considered. Employers cannot be at the appeals stage and then add that performance was an issue, or attitude, or productivity, or anything else that was never before mentioned.
If these reasons apply, they need to be valid reasons from the beginning. No matter how many written warnings an employee may have for attendance, if they are terminated for poor work quality, proof of the poor work quality is going to be what’s required.
Remember, having a lawful reason to terminate an employee does not necessarily mean that that employee will be denied unemployment benefits. While terminating an employee lawfully should be what is of utmost concern, employers who wish to fight and deny unemployment claims must also be able to validate their reasons, and provide evidence to support them.
The Bottom Line:
The cold fact of the matter is that in this current economy with unemployment rates being what they are, odds simply are not in favor of the employer. If employers wish to fight unemployment claims now and moving forward it is up to them to raise those odds with the proper documentation, communication, and representation outlined above.
Resources From This Article:
(image provided by freedigitalphotos.net)
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Posted on Tue, May 04, 2010 @ 10:37 AM
you got yourself a load of trouble now
you got yourself a bad deal
you say i've got a bad attitude
howd 'you think i feel
song lyrics from Bad Attitude, Deep Purple
Our last blog post discussed some of the difficult employee relations issues that you may face in the workplace when bad attitudes strike. Today's blog will discuss just how to deal with those sticky and often times very difficult situations.
When it's time to talk to the employee causing your employee relations issues, keep their feelings in mind. For the initial conversation, be very aware of any behavior on your part that could increase their defensiveness. Instead of telling them what they need to do, for instance, consider asking them what you would like to see them do. Make sure you let them know that this meeting is meant as a constructive environment.
Diffusing Defensive Reactions
Give them examples of their behavior, avoiding any character judgments (avoid direct words like you), and tell them how their behavior makes others feel and how it reflects on the company. The first conversation is to make the employee aware of their behaviors as well as the company's expectations - there should be no ultimatums or consequences at this point. Try to come to an agreement WITH the employee to improve the workplace experience. Do not just bark orders on what needs to happen. It is important that you allow them to be part of the decision. This will lower their defenses further and increase the likelihood of the changes taking hold.
Often, calling attention to the matter in a formal setting is enough for the employee to make the necessary changes on their own. Keep in mind that they may not have even been aware of how their behavior was affecting others.
What If They Don't Listen?
If the employee doesn't get on board and make the changes, have a follow up meeting a week or two later. Be prepared to cite how the behaviors have continued and don't be afraid to ask why. At this point they have demonstrated their inability to follow through.
At this stage in the conversation, the employee will probably engage more in dialogue in this conversation, whether with defensiveness or a cry for help. It is important that you listen to what they have to say. It could be the case that this person is really a great employee, but perhaps they are having difficulty with a life situation that is affecting their performance (more on this next time). Finish the meeting with a plan of action and the encouragement that you hope that this will resolve the situation once and for all.
Sometimes There is Nothing You Can Do
For an employee to improve, he or she first has to want to improve. Sometimes, no matter what you do, behavior will not change. If the behavior continues on without any signs of improvement, it's time for tough love. The next time you meet with the employee will be the time when you outline what is acceptable behavior, what is not acceptable behavior, and what the consequences will be if the unacceptable behavior continues.
It is perfectly okay to tell the employee that he or she must stop this behavior and meet company expectations of behavior (that should be outlined in your employee handbook), otherwise disciplinary action will follow, including termination. Tell them specifically what behavior is expected and required so that there can be no defense of uncertainty on their part. Give them a time period in which you expect to see significant changes in behavior, and schedule a follow up.
Finally, if the employee continues to exhibit the poor behavior that brought them to you in the first place, chances are there are no more conversations you can have with them that will change them. It may be time to cut them loose.
As businessman and author Harvey Mackay wrote, "It is isn't the people you fire that make your life miserable, it's the people you don't." Toxic employees will destroy an organization, and if they are unwilling to change you can't risk the morale of the rest of the organization being destroyed by both their bad behaviors and your lack of willingness to do anything about it.
Next time we'll discuss some things to be aware of when confronting your employees. Often times when talking to employees about performance issues you'll find out much more information than you are prepared to uncover.
Stay tuned and don't forget to tell your friends and co-workers about the IntegrityHR Human Resources blog!
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Posted on Fri, Apr 16, 2010 @ 08:41 AM
Remember when you were in school and got caught with gum? Didn't you always try to pass it off to the teacher that you just had a cough drop in your mouth? Well, social media is the new Juicy Fruit, and employees everywhere are making excuses left and right as to why they are updating their statuses on company time. "I was networking," being the most common, of course.
For most employers who have already taken steps towards social media policy development, the use of company equipment and time has been their main concern. They don't want employees wasting employer resources communicating with friends via the web when they should be working.
While most certainly understandable and very important, this really isn't the biggest concern anymore. Not only do employers have to be concerned about time spent on social media sites such as facebook, twitter, youtube and linkedin, but they have to be concerned about the content of that time, both on and off the clock.
Why, you ask? Aren't those private, you say? Well, they are sort of private, except for the fact that they are being posted online for a whole lot of people to see in a written format that can be copied and forwarded throughout cyberspace for... infinity. Many employees do not recognize the impact their workplace related comments can have when they return to the workplace. And this is exactly why social media policy development must go beyond simply preventing employees from wasting time.
It's Not Just About Reduced Productivity Anymore
In order to reduce potential liability and limit the disciplinary issues (and drama!) in the workplace, it's important that employers embark on a new exploration towards social media policy development. Managers and employees alike need to understand that, when it comes to the workplace, social networking rants, raves, and professions of love (among other things) can lead to:
• Damage to the reputation of the company or brand name image
• Distribution of confidential information or proprietary property
• Harassment or discrimination claims
Can you imagine how the following scenarios would play out?
• An employee who was passed up for a promotion makes disparaging remarks about the person who received it, who happens to be a minority; friends join in for support; derogatory comments, jokes, and epitaphs ensue
• A manager who knows of an impending layoff that has not been announced discusses his worries and concerns
• An angry employee complains about reduced benefits and complains that all the money is going to the executives for a well respected community not-for-profit organization
• An employee excitedly tells her friends about her great raise and bonus
• The marketing manager of a popular soft drink manufacturer is tagged in a photograph enjoying the competitor's product.
Also, employers need to remember that they can be found liable for failing to stop harassing behavior within social media among employees if they knew or "should have known" it was taking place.
Convinced that you need to further explore your social media policy development yet? In addition to setting forth the rules about not accessing the sites during company work time, the policy should set the expectation that all company rules apply and extend to online behavior, including the harassment policy. The policy should also make it explicitly clear that there should be no expectation of privacy when it comes to what is posted on a public social networking site.
Then once the policy is in prepared, employers should:
1. Integrate the social media policy with policies addressing all areas of technology, including internet activity, blogging, text messaging, etc.;
2. educate employees and managers on the policies and the potential consequences for violation; and
3. then actually enforce the policy.
Number 3 is definitely the hardest part, and no one is suggesting that you "friend" all of your employees to keep track of what they are doing. However, employers do need to act when they are made aware of activity that violates policy.
Speaking of "friending" employees: Do you or don't you? I have an opinion on that matter, too (look for that in the next post), but I'd love to hear what you have to say first. Do you think it's a good idea for colleagues, bosses, managers, and employees to "all be friends" in social media?
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Posted on Tue, Mar 30, 2010 @ 11:37 AM
On March 18, 2010 Indiana House Bill 1065 was signed into law by Governor Mitch Daniels. The new law permits anyone who is legally authorized to own and carry a firearm to take a firearm onto company property, public or private. Now, before you get too incensed about what this might mean for the safety of your employees, let's stop and review the stipulations of Indiana House Bill 1065.
1) This only applies to individuals who have legally obtained and registered firearms. It does not provide rights to anyone else.
2) The law does not permit individuals to bring the firearm inside your premises.
3) The firearm must be kept out of plain sight and inside the individual's locked vehicle. This applies at all times.
4) The law does not apply to the following institutions:
a. Private residences (homes)
b. Schools
c. Post-secondary educational institutions
d. Child care facilities
e. Emergency shelters
f. Group homes
g. Prisons
h. Federal buildings
i. Homeland security sites
j. Utility companies
So does Indiana House Bill 1065 Mean for Indiana Employers?
If you currently have a policy that prohibits firearms from your premises, the language in your Employee Handbook will need to be amended. You CAN still prohibit firearms from coming inside your premises, but effective July 1, 2010 you will be required to permit individuals to have firearms on your property, provided that they are legally owned and stored out of sight in a locked car.
Specifically, Indiana House Bill 1065 prohibits employers from firing employees who safely and lawfully store a firearm in their privately owned, locked vehicle while on an employer's publicly accessible parking lot.
Also notable, though not related to employee relations, is that this law also prevents state or local government authorities from confiscating lawfully owned firearms during declared states of emergency, such as occurred in New Orleans following Hurricane Katrina.
Is There a Way to Know Which of Your Employees Has a Registered Firearm?
Not anymore, as a result of Indiana House Bill 1068 that was also passed in Indiana this month. This law ensures that the names, addresses, and other personal information of Right to Carry holders won't be available to the media or anyone else who files a Freedom of Information Act request.
Indiana House Bill 1068 actually provides considerable protection to many employees. Many other states around the country have adopted similar measures after the personal information of gun owners appeared online. In Ohio, Florida, Virginia, South Dakota and elsewhere, the names and addresses of Right to Carry holders have been made public for all to see, which has allowed former parolees to show up announced at the homes of parole officers, and abusers to locate the new homes of victims of domestic violence seeking a new life.
Under this law, the media still has access to general information about Right to Carry, such as the number of licenses in any given community or county, but the privacy of individual gun owners will remain intact.
So What Should You Do Now?
For those employee handbooks that prohibit firearms on the premises of their organization your employee handbook will need revisions. Review your written policies regarding firearms on company premises, and revise to include language regarding what is and it not permitted in the context of this law. Bear in mind that if your policy is specific, an individual will be in violation of the policy and subject to discipline if the firearm is not registered, if it is in plain sight, and if it is not in a locked vehicle.
Also bear in mind that your policy on workplace violence should be explicit about threats of violence and their consequence; your Workplace Violence Response Plan should have a procedure in place regarding threats, implied and inferred, regarding firearms stored in vehicles on company property.
You Don't Have a Policy on Workplace Violence or Don't Feel Comfortable Making Revisions to Your Employee Handbook?
In that case, you should Contact Us immediately. We can assist with the development of plans, as well as with onsite education and training for managers to create their own plans.
We hope this article has been helpful to you. If you have questions please leave us a comment or send us an email.
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Use our blog as a resource - http://integrityhr.com/blog
Stay on top of of your organization by subscribing to our blog via email or RSS to the left. If you would like to Contact Us about any of the concepts in the above blog posting please call 502.753.0970.
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