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Author: Rick Bell

Posted on May 20, 2019June 29, 2023

Navigating the Toxic Triangle of People Management

Relationships are complex, particularly so at work since employees have limited control over who they interact with.

While there’s no shortage of advice on how to deal with matters of the heart, working relationships are rarely discussed until it becomes painfully obvious they’re not working. In the wake of the #MeToo movement there has been an increasing focus on fostering more respectful workplace environments.

Yet most managers receive little guidance when it comes to building, maintaining and repairing healthy relationships that often foster toxic workplaces. In many instances they evolve into one of three types of supervisor: the buddy, the boss or the bully.

In a study of what makes a manager effective, the quality of their relationships was found to make the biggest difference to their success. Understand how to do relationships well and everything else becomes easier. Feedback is better received, delegation of duties becomes more straightforward and employees find it easier to cope with change.

Individuals who report good relationships with their managers are healthier, happier and have more fulfilling careers. They perform better, put in more discretionary effort, are more innovative, more resilient and more likely to stay with the organization.

Relationships between team colleagues are also critical. For example, in a study of hospital wards in England, teams who worked well together saw a 3.3 percent drop in mortality rates, the equivalent to saving 40 lives per year.

Destructive relationships wreak havoc for individuals and for organizations. Studies show that for three-quarters of employees, the most stressful part of their job is their boss. A 2015 Gallup survey revealed that half of respondents claimed to have left their most recent job due to a poor relationship with their boss.

As well as the human costs, the financial repercussions of toxic workplace behavior can reach the millions. Considering that managers account for 70 percent of the variance in employee engagement, the disengagement caused by bad bosses costs businesses upward of a half-billion dollars annually.

While this is not a new trend (with research dating back to the 1990s showing “job stress” related to poor management being cited in 75 percent of workers’ compensation claims) the need to address it has become more pressing in the age of #MeToo.

The Buddy, the Boss and the Bully

Psychologists in 2007 identified a “toxic triangle” of factors that foster negative relationships between leaders and followers. The combination of dysfunctional leaders, silent subjects and a permissive environment create a situation where relationships are likely to break down in a detrimental way.

Dysfunctional leaders. Most people have a dark side that comes out, particularly during times of pressure. Without clear guidance on managing the more complex aspects of workers’ personalities, managers often revert to behavioral patterns developed in childhood.

In 1950, psychologist Karen Horney published important research that outlined three patterns of coping behavior that children rely upon in times of stress. Some naturally turn toward people, seeking out closeness in order to feel comforted. Others turn away, preferring to cope independently. The third group actively turn against other people, choosing to fight.

Adults draw on a combination of these coping mechanisms but usually have a preference for one over the other. When taken to its extreme, this preference becomes dysfunctional and can result in some bad behavior.

First, we have the manager who prefers to turn toward others. These leaders want to be everybody’s friend, seeking approval in order to validate themselves. The manager morphs into the Buddy.

On its face this might seem OK, but this type of relationship can go horribly wrong. Amy Gallo, author of the “HBR Guide to Dealing with Conflict,” warns that these managers can shy away from giving feedback, avoid going to bat for their teams and give in too easily to demands. Their need for approval can create an overly politicized, clique-y organization where personal boundaries are frequently abused.

Then there is the “turn away” manager who doesn’t care what other people think of them so long as the job gets done. They are the stereotypical detached Boss, interested in delivering to deadline at the expense of everything else. They have no interest in building healthy relationships, believe in reinforcing hierarchy and don’t care if they are overburdening people. This focus on results at the expense of relationships means teams are less loyal, less happy and ultimately less likely to give it their all.

The “turn against” manager arguably takes the crown as the worst supervisor. They care about relationships but only so they can twist and manipulate them for their own gain. They are the quintessential Bully. They love relationships for the opportunities they give them to take advantage and get what they want.

Bullying and harassment in the workplace are more common than you’d think; considering that three-quarters of employees report that they’ve experienced it at some point in their career. And the worrying reality is that we’re all at risk of straying into these toxic personas from time to time; it’s not just the extreme characters that cause havoc. As people gain more power in their careers, the skills they need to be successful, such as empathy and collaboration, tend to be less important, and so a vicious cycle ensues.

Silent Subjects. For dysfunctional leaders to flourish to the extent that relationships break down irreparably, they need followers who for a variety of reasons avoid speaking out. This can mean conformers — those who are typically obedient to authority, prone to group-think, don’t feel that it’s safe to speak up or are unwilling to challenge the status quo. Sometimes people don’t even know the behaviors to look out for or what to do when they see it.

It can also be in the form of colluders who see benefit in aligning themselves with a destructive leader. Colluders reinforce the leader’s bad behavior, repress any would-be whistleblowers and help the toxic cycle continue.

Permissive Environment. A permissive workplace environment is one that permits or may even encourage bad relationships to flourish. If the culture is overly politicized and consensus is valued above all else, the inner Buddy will come to the fore. If it’s a results-driven environment in which targets must be met at all costs, the Boss is likely to emerge. And in a dog-eat-dog culture where aggression and intimidation are par for the course the Bully will come to the fore. These are all extremes, of course, but every company’s policies and processes as well as the culture, values and norms will nudge its leaders to behave in a certain way.

There are methods to limit the buddy-boss-bully syndrome and create a workplace atmosphere more conducive to building strong manager-report relationships. Here are five focus areas for making a difference to building a culture of good working relationships.

Limit the abuse of power. As an executive, encourage self-awareness and introspection in leaders. The right balance is being respectful of boundaries while also providing descriptive feedback, precision coaching and stretching but not straining targets. Organizations should consider the strategies they use to select their leaders. Is enough being done to weed out the bad apples or are there entrenched, bias-laden approaches that toxic leaders can take advantage of? Organizations might be better off hiring decent leaders than hyper-talented individuals with an uncontrollable dark side.

Establish norms and boundaries. Working relationships work best when managers strike the right balance. Overly focusing on the relationship could allow for goals to slip out of reach. Ignore your team’s needs though, and commitment to work could falter. Managers need to set standards for their team by role-modeling respectful, inclusionary behavior and being clear on the behaviors that are appropriate and the boundaries that shouldn’t be crossed. This applies in every interaction, from giving feedback and dealing with poor performance to inquiring about a team member’s well-being and sharing personal details.

Contract from the start. In every manager-report relationship there exists a psychological contract about how each should behave, although these rules usually remain unspoken. Managers should be encouraged to have a frank conversation with their reports about what each side expects from the relationship, where you draw the line and any behavioral nonnegotiables. Making these assumptions explicit means there’ll be no room for misunderstanding, and avoids relationship breaking down.

Give permission and voice. The first challenge is helping people see the toxic behavior for what it is. The second is helping them to understand that there’s nothing wrong with calling out disrespectful behavior in a professional way. With many people, their self-identity can get in the way as there is a dissonance between how people see themselves (successful, confident) and not wanting to appear as the victim.

Repair ruptures. Despite our best efforts, relationships will go awry. When that happens, refer to a quick, effective repair kit. This comes in four stages:

• Pause. Step back from the heat of the moment and do whatever needs to be done in order to emotionally reset.

• Contain. Address the conflict in the moment and keep it isolated to that specific incident to prevent toxicity from seeping into the relationship as a whole.

• Play back. Share thoughts and feelings and be open to hearing what others are saying. Play back what’s been said so they feel listened to.

• Reassure. Remind yourself and the other person that conflict is inevitable, and if handled well can strengthen the relationship in the long run.

Nobody said it would be easy but given the impact of relationships on almost every measure of workplace success, it pays to understand how to make our working relationships work.

Posted on May 16, 2019June 29, 2023

Abortion Discrimination = Pregnancy Discrimination

Jon Hyman The Practical Employer

Thanks to, among other states, Alabama, Georgia, and Ohio, the debate over abortion is raging.

Suppose you are staunchly anti-abortion, and you learn that one of your employees is considering, or has had, an abortion. Can you fire her?

Thus far, three courts have looked at this issue, and all three courts have all reached the same conclusion.

No.

The latest, Ducharme v. Crescent City Déjà Vu, L.L.C. (E.D. La. 5/13/19), concerned an employee fired after requesting two days off to have an abortion. She claimed pregnancy discrimination, and the court held that Title VII’s prohibition against pregnancy discrimination also prohibits abortion discrimination.

The court finds that abortion is encompassed within the statutory text prohibiting adverse employment actions “because of or on the basis of pregnancy, childbirth, or related medical conditions.” While an abortion is not a medical condition related to pregnancy in the same way as gestational diabetes and lactation, it is a medical procedure that may be used to treat a pregnancy related medical condition. … [A]n abortion is only something that can be undergone during a pregnancy. Title VII requires that “women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes.” A woman terminated from employment because she had an abortion was terminated because she was affected by pregnancy.

This case aligns with the only two appellate courts to rule on the issue, the 3rd and 6th Circuits, as well as the EEOC’s interpretation of the definition of pregnancy.

Case closed. If you learn that one of your employees is having, or has had, an abortion, do yourself a favor and just let her be. Her choice, for which you cannot punish her. Moreover, unlawful discrimination notwithstanding, I promise you that the decision she is making is painful enough, without you exacerbating her pain by firing her.

For more on this case, head over to the Employer Handbook Blog, where Eric Meyer covered it yesterday.

Posted on May 12, 2019June 29, 2023

Southwest Airlines Flies to the Top of the 2019 Workforce 100

Southwest Airlines Workforce 100
Southwest Airlines Workforce 100
Julie Weber, vice president and chief people officer, watches Southwest Airlines soar to the top of the Workforce 100.

Per aspera ad astra is a Latin phrase that translates, “through hardships to the stars.”

The phrase serves as a reminder that progress is not always a straight-ahead path. Often there are forks in the road and winding turns that can hinder the journey. How one navigates those obstacles is the essence of one’s character. The same applies for companies as they strive for HR excellence. For many companies, the journey comes with a fair share of challenges, successes and lessons learned.

Workforce has recognized 100 companies for the past six years that have excelled in people management with the annual Workforce 100 list of best HR practices. Workforce editors and researchers initially partnered with employee review site Glassdoor in 2016 to get an internal perspective of employee satisfaction with their company. Before the partnership with Glassdoor the Workforce 100 list leaned in favor of large corporations and did not take into account the thoughts and responses of rank-and-file employees. Since the partnership began, the list has evolved to include smaller organizations and reveals the value of a strong employer-employee relationship. A company’s score is calculated using Human Capital Media’s Research and Advisory Group and Glassdoor rankings. The inclusion of Glassdoor to the methodology seemingly plays a role in the rise and fall of company rankings.

Over the past six years certain trends have become apparent. Some companies are consistently strong. Johnson & Johnson (No. 11), Salesforce.com (No. 18) and AT&T (No. 45) have appeared all six years. There have been one-hit wonder companies such as Netflix, appearing last year; and the Hershey Co., which only appeared in 2015. Other companies scored high in the first few years and have since fallen in the rankings. One example is McDonald’s, which scored third in 2014, then No. 17 in 2015 before dropping to No. 94 in 2016. Since then, the Golden Arches has not appeared on the Workforce 100.

While some, like McDonald’s, have tumbled down the ranks over the years, there have been companies that ascended to the top. One such company is Southwest Airlines. The Dallas-based airline first appeared on the Workforce 100 in 2015, ranking No. 48. The following year, the airline dropped two places to No. 50. Then from 2017 to 2018, Southwest rose from No. 17 to No. 11.

This year, Southwest ranks No. 1.

The Employee Experience

Julie Weber, vice president and chief people officer at Southwest Airlines, has approached human resources with an employee-first outlook. Weber serves more than 58,000 employees, ensuring that they have a fulfilling experience during their employment with Southwest.

“We’ve really put our employees first since the beginning with our founder, Herb Kelleher,” Weber said of the airline’s late iconic leader. “Our belief is that happy employees make for happy customers, which make for happy shareholders.”

One way that Southwest stands out lies within its centralized hiring practices. Companies in the retail or restaurant industries might look for seasonal employees but Southwest aims for the long haul with its hires. During the recruitment process, Southwest puts an emphasis on matching candidates to the company by attitude and culture fit.

“We look for entry-level employees who are highly motivated to work with us,” Weber said. Southwest’s continuous emphasis on employees, including their treatment before employment, has resulted in lower turnover rates.

Southwest also promotes a fun, engaging work environment for employees, including companywide Halloween parties. Employees are encouraged to wear their best costumes to work and to bring family members along for trick-or-treating around the office. Company leaders also host meals with employees going through leadership development programs.

“Though we have a highly engaged workforce now, it is ours to lose if we don’t maintain a focus on evolving the employee experience,” Weber said.

As companies grow, so do the needs of employees. Maintaining a positive employee experience can take extra effort. With a company as large as Southwest that spans across the country, evolving the employee experience means adapting to technologically advanced platforms. Under Weber’s guidance, Southwest has initiated an HR transformation in order to adapt its practices. One of the initial aspects of this transformation includes widening the scope of the talent-acquisition base to focus on the candidate of the future.

Southwest Airlines Workforce 100
Southwest’s HR team led the airline to the top of the 2019 Workforce 100 list. From left are Kim Hull, senior director; Gregg Thorsen, senior director; Julie Weber, vice president and chief people officer; Danny Collins, managing director.

“We started with investing in tools that help us with talent acquisition and now we are really looking at the entire employee experience,” Weber said. Her goal with this process is to enhance Southwest’s ability to attract and connect with newer generations of candidates.

This transformation will also involve updating the company’s HR operating model so that employees will be able to access a one-stop shop. Weber wants to ensure that employees can easily access the HR services available to them, even from their phones. 

“It’s a big undertaking. It will include investing in new technologies with a whole focus on improving the employee experience.”

While this transformation has been overall positive for the company, with change comes challenges. Part of Southwest’s journey toward transforming its HR operating model has been to keep their leaders and employee population enthused. Weber’s solution has been to maintain strong communication of the company’s vision and initiatives. Company alignment and visible leadership has ensured that these changes go beyond just the people department.

“We want to make sure that we are bringing people along with the journey and involving our HR professionals [and stakeholders] with these decisions. That way, we all own this transformation.”

Adapting to Change

T-Mobile is another company that has shown a consistent upward trajectory since debuting on the Workforce 100 in 2016 at No. 72. This year, T-Mobile climbed to 2nd. The telecommunications company is based in Bellevue, Washington, and counts more than 52,000 employees across the nation. Liz McAuliffe, executive vice president of human resources, believes that T-Mobile’s overall success starts with the employee.

“What really sets HR apart at T-Mobile is our core purpose. We are stewards of all T-Mobile employees in their personal growth and career success,” McAuliffe said. T-Mobile’s grass-roots approach to the company’s success relies on creating a culture that inspires its people to not only feel good about themselves but to reflect that goodness in others. 

“We approach everything with this mindset,” McAuliffe said. “It’s a game-changer.”

Over the past five years, T-Mobile has evolved its HR operating model in order to meet and exceed the needs of a diverse employee population. To start, they’ve launched an ongoing effort to create a diverse and inclusive environment that will celebrate their employees’ unique selves.

This investment began in 2014 when T-Mobile launched diversity and inclusion networks nationwide. Today, the membership of those networks across the nation’s 50 chapters makes up approximately 42 percent of the company’s employee base. To further develop a diverse and inclusive workplace, T-Mobile initiated a companywide learning project called Insight Out. The program involves a combination of in-person and digital interactions to bring awareness to bias in order to create a foundation for more inclusive language, actions and behaviors.

“This isn’t easy,” McAuliffe said. “It requires courage, awareness, open-mindedness and commitment, but acting on this complex challenge reflects who we are at T-Mobile.”

LiveMagenta is another initiative that aims to transform the traditional face of T-Mobile’s employee assistance program. LiveMagenta would ensure that employees can access resources and benefits through a mobile-friendly app. “LiveMagenta [is] providing everything from financial experts to counseling services and life coaches,” McAuliffe explained.

While McAuliffe reports an overwhelmingly positive response to these initiatives, the company has also experienced the growing pains that come with change. “One challenge is delivering meaningful services that scale for 52,000 employees while still meeting the needs of employees at all levels and in widely varying roles,” McAuliffe said. Another challenge comes with operating an HR team at the same fast pace as the business itself.

McAuliffe said the solution for T-Mobile was found through a strong collaborative relationship with their business partners coupled with an efficient HR team. Listening to employee feedback has revealed how just how much these initiatives have improved things for the better. “[It] never ceases to amaze me,” McAuliffe said. “It’s truly magical when people can come together and deliver such fantastic results every single day.”

Recognizing Diversity and Inclusion

Goldman Sachs has also risen through the Workforce 100 rankings the past six years. Their trajectory began when they first appeared on the list in 2015 at No. 27. This year the company clocked in at No. 3.

For the investment banking company, the advancement of women and a diverse workplace has not just been a nice to-do. It’s been a business priority. Goldman Sachs’ Vice President, Media Relations Leslie Shribman offered insight to the company’s key HR initiatives in recent years. As a commitment to this advancement, the company announced last year that they aspire to have women make up 50 percent of their diverse talent worldwide, and 50 percent of all analyst hires by 2021. “We have invested in new programming to attract more women applicants to positions at the firm and have instilled accountability measures within our hiring process to review progress against our goal,” Shribman said.

The company also has demonstrated an inclusive atmosphere by implementing programs that focus on working parents. One example is LifeCare’s Milkship program for employees who are breastfeeding. This program offers a free full-service program for employees in the United States to safely ship their breast milk home when they travel overnight for business. Other programs include providing parental leave following the birth or adoption of a child, access to best parenting practices, and medical guidance should a critical situation arise.

Goldman Sachs has also made advancements in their programs to reinforce an inclusive environment. Three of these programs include their Women’s Career Strategies Initiative, Black Analyst and Associate Initiative, and Hispanic and Latino Analyst Initiative. The programs work to ensure a supportive environment by focusing on the networking and development opportunities for women and minority employees. “We believe our people are our greatest asset. We invest in their development and provide them an opportunity to work alongside talented colleagues to drive progress across markets, communities and the world,” Shribman said.

These programs are not laurels that Goldman Sachs wishes to rest upon. They have recognized that progress is an ongoing process. As the workforce changes, so must the HR teams that serve it. “We regularly evaluate how we can improve our programs, offerings and policies to best support employees,” Shribman said. “We are committed to continuing to provide our employees with the environment, resources and experiences that meet their needs and help them realize their potential.”

Benchmarking Excellence

Except for 2016 when they dipped to No. 14, Deloitte has held a consistent position in the top 10 on the Workforce 100. Based in New York, the professional services company counts 286,000 employees worldwide. Over the past five years, the company has continuously reshaped its HR operating model to keep up with an evolving workplace and workforce. Their focus has been channeled into modernizing their performance experience, promoting a culture of flexibility and well-being, and attracting, advancing and retaining women.

Global Chief Talent Officer Michele Parmelee spoke to the challenges that have come along with maintaining consistent progress of these initiatives. “Achieving gender parity at each level of the organization is challenging for even the most progressive,” she said. “We are leaving no stone unturned.”

As a company that serves employees across many different geographies and cultures, Deloitte has embraced the uniqueness of its workforce. The connection the company has to its diverse employee population comes with an environment that encourages authenticity. Thus, Deloitte’s main focus for employee experience has been to support its people in creating their own unique talent experience. “We want to create meaningful opportunities for each person to make an impact, grow, learn and lead at every point in their career,” Parmelee said.

According to employee review site Glassdoor, Deloitte employees have noted that one of the most positive aspects of working with the company has been its work-life balance, which reflects Deloitte’s commitment to a culture of flexibility. “Deloitte places trust in people to decide when, where and how best to work,” Parmelee said. For instance, Deloitte’s unit in the United Kingdom offers a Work Agility program that combines formal and informal work arrangements to support a flexible schedule. Within the United States, Deloitte has expanded its fully paid family-leave policy to offer up to 16 weeks.

“Wellness is also a major focus as we find it helps to build a sense of community and a sense of belonging,” Parmelee added. Their programs in Canada reflect this focus, where wellness centers deliver well-being services onsite to Deloitte offices in major metropolitan areas. These services include therapeutic treatments, team-building activities, and onsite quite space.

“Effecting real change is not only a mindset but requires a daily commitment and deliberate action,” Parmelee said.

Posted on May 10, 2019March 3, 2021

Australian Tech Entrepreneur Becomes President of Workforce

A group led by Australian technology entrepreneur Tasmin Trezise acquired Chicago-based Human Capital Media, the parent company of business-to-business publications Workforce, Chief Learning Officer and Talent Economy.

Trezise, 26, is the co-owner of Brisbane, Australia-based Tanda, a 7-year-old technology firm that produces time and attendance, scheduling and labor-compliance software.

“I look forward to working with the team as we continue to uphold the dignity, research and empowerment of the working man and woman,” Trezise said.

The Human Capital Media entities will operate separately from Tanda with a shared ownership, said Trezise, who will be president of Workforce, a multimedia publication that covers the intersection of people management and business strategy. Kevin Simpson will remain president of all other Human Capital Media properties, Trezise said.

“This is about serving the Workforce mission of bringing together HR, learning, engineering, research and stakeholders in the success of working people and I put the call out for them to join us,” Trezise said. “The vision is to deliver on my promise to resurrect the Workforce history and continue its rightful position as the ultimate source for how the way we work is changing.”

He pointed to the long history of Workforce as inspiration for its planned future. The publication’s history dates back to 1922 with the founding principles laid out by James R. Angell, former president of Yale University, Carnegie Corp. and the National Research Council, to coordinate the efforts of over 250 scientific, engineering, labor, management and educational bodies. Trezise aims to shape Workforce into the clearinghouse for the most advanced thinking and solutions on the future of work;  and how to improve the happiness, welfare and efficiency of workers.

“I want to bring my background and experience to carry on the mission that was first formulated in 1922,” he said. “This means reuniting all engineering and technological bodies with critical research to help people leaders better connect and pursue the application of this knowledge for the benefit of their teams.”

Founded in 1999, Human Capital Media is an integrated information services and market intelligence company whose brands include Human Capital Media Research and Advisory Services, and Chief Learning Officer and Workforce magazines. Terms of the private deal, which closed April 30, were not disclosed.

The company will remain headquartered in Chicago.

Posted on May 8, 2019June 29, 2023

Workplace Civility Shouldn’t Be Something We Have to Legislate

Jon Hyman The Practical Employer

Workplace harassment isn’t illegal unless it is harassment because of some protected characteristic (sex, race, age, religion, national origin, disability, or any other class protected by law).

Generalized workplace bullying or other mistreatment is not illegal unless it falls into one of those categories. Indeed, as the Supreme Court has repeatedly reminded us, workplace discrimination laws are not “a general civility code.”

Just because the federal workplace discrimination laws are not “general civility codes” does not mean that individual states can’t do more with their own laws.

For example, consider Tennessee’s Healthy Workplace Act. It encourages anti-bullying and respectful workplace policies by granting immunity to an employer from lawsuits alleging negligent or intentional infliction of emotional distress if that employer adopts such a policy. Tennessee even provides a Model Abusive Conduct Prevention Policy [pdf].

As originally drafted, Tennessee’s law only applied to public employers. Last week, Tennessee amended it to apply to all employers in that state.

Bravo to Tennessee for taking a stand against abusive bosses and other bullies at work. But also, how sad that we need a law to tell employees to treat each other like, well, like people.

The [Insert Entity Name] is firmly committed to a workplace free from abusive conduct as defined herein. We strive to provide high quality products and services in an atmosphere of respect, collaboration, openness, safety and equality. All employees have the right to be treated with dignity and respect.

The policy prohibits employees from:

  • Repeated verbal abuse in the workplace, including derogatory remarks, insults, and epithets;
  • Verbal, nonverbal, or physical conduct of a threatening, intimidating, or humiliating nature in the workplace; or
  • The sabotage or undermining of an employee’s work performance in the workplace.

And it requires supervisors to:

  • Provide a working environment as safe as possible by having preventative measures in place and by dealing immediately with threatening or potentially violent situations;
  • Provide good examples by treating all with courtesy and respect;
  • Ensure that all employees have access to and are aware of the abusive conduct prevention policy and explain the procedures to be followed if a complaint of inappropriate behavior at work is made;
  • Be vigilant for signs of inappropriate behaviors at work through observation and information seeking, and take action to resolve the behavior before it escalates; and
  • Respond promptly, sensitively and confidentially to all situations where abusive behavior is observed or alleged to have occurred.

Such admirable goals. It’s just so sad that we need to legislate them into existence.

So here’s my version of the Healthy Workplace Act (and sorry for the language, but I figure we’re all adults here):

Don’t be an asshole!

The rest will take care of itself.
Posted on May 7, 2019June 29, 2023

Your Employees Do Not Understand Their (Lack of) Free-Speech Rights

Jon Hyman The Practical Employer

Congress shall make no law … abridging the freedom of speech….

So reads the 1st Amendment of the Constitution.

Take note that it does not say, “You have absolute freedom of speech in all things at all times.” It only prohibits government-imposed restrictions on speech.

Yet just last week, President Trump tweeted the following:

I am continuing to monitor the censorship of AMERICAN CITIZENS on social media platforms. This is the United States of America — and we have what’s known as FREEDOM OF SPEECH! We are monitoring and watching, closely!!

I promise you that if the president of the United States does not understand how the 1st Amendment works, your employees don’t understand it, either.

Indeed, according to one recent survey, only 28 percent of American workers understand that getting fired because of a social media post does not violate their 1st Amendment free speech rights. Clearly, employees do not have free speech rights at work.

There are four key exceptions to this rule.

    1. Public-sector employees. Government employees are the only employees the 1st Amendment actually protects. Still, their free speech rights are not absolute. The 1st Amendment only protects them as private citizens speaking on matters of public concern, and only then if the employee’s interest in speaking freely outweighs government employer’s interest in efficiently fulfilling its public services.
    2. Protected concerted activity under the National Labor Relations Act. Section 7 of the National Labor Relations Act protects the right of employees to, between and among themselves, discuss wages, hours, and other terms and conditions of employment. While the Board has attempted to narrow these protections over the past year, their scope is still fairly broad, even extending to obscene pro-union rants and racist picket-line threats.
    3. Protected activity under anti-discrimination laws. If an employee’s speech is in complaint about unlawful discrimination or harassment, various anti-retaliation provisions protect their speech from retaliation.
    4. Specific state laws that either protect employee speech or other lawful off-duty conduct. Several states have specific laws that protect an employee’s political speech, or, more broadly, speech in general. Even more states protect an employee’s right to engage in lawful off-duty conduct. Ohio has neither. Regardless check your state laws if you intend to regulate your employees’ speech, or otherwise take action against an employee for something that employee has said.

These exceptions not withstanding, your employees need to understand their lack of free speech rights as employees. I make this lesson a key point in my workplace social media training programs.

If so many of your employees operate under a misconceived and misunderstood notion of “free speech,” then I believe that it is your responsibility as their employer to educate them. After all, if you are going to hold them accountable for what they say, it’s only fair that they understand their responsibilities and the related consequences.

Posted on May 7, 2019June 29, 2023

Building Healthy Communications With a Remote Workforce

employee communication, hearing, talk, schedules

Over the past two decades, digital technologies have enabled more and more companies to utilize remote and mobile workers.employee communications

Virtual teams are commonplace, and they offer benefits for both the employer and the employee. But developing a healthy virtual culture is vital to ensure dispersed team members feel connected, engaged and valued.

According to a Global Analytics Workplace survey, 4.3 million people work from home at least half of the time, and the telecommuter population has grown 11.7 percent since 2008. Data show that working remotely is desired by employees, and the trend of working off-site isn’t going away.

Remote workers may consist of project teams working together at a remote site, individuals working independently and traveling frequently, such as salespersons, and people who work from home.

Communicating With Remote Teams

With project teams working in different locations, it is important for the leader to travel to the site regularly. Site visits allow the leader to pick up on subtle indicators of culture. Being there is often the only way the leader can assess the office environment: Do team members seem happy? Do they help each other? Do they engage in informal conversations or does everyone have their heads down? Do they feel supported by the company or cast away and forgotten?

By coming to the site, the leader can gauge what actions need to be taken to improve morale and connectedness. But more important, visiting the site lets the remote staff know that they are an important part of the team.

Research indicates the factor that most affects engagement at work is the employee’s relationship with the direct manager, so having a strong connection to the local site manager is more important than connecting with corporate leaders.

Visits from corporate may be rare when companies entrust local leaders with developing a strong culture, especially if the local culture mirrors headquarters. But other companies take an extra step by conducting strategy and vision meetings at remote work sites to help ensure buy-in and strengthen connections.

In his book “Drive,” Daniel Pink points out that people are most engaged when they have autonomy, purpose and mastery at work. Autonomy is being able to work according to your own schedule and the way you like to work, free of micromanagement provided deadlines and goals are met.

Purpose is feeling that the work you do matters and that you are aligned with the values of your organization. Mastery is being able to do high quality work and improve every day. Managers can keep remote workers engaged by providing clear goals so they know what success looks like, letting them know what quality is expected, and communicating with them frequently to learn what they care about and explain how their work aligns with the company’s goals.

Communicating With Individuals Working Remotely

Compared to on-site teams, more effort is required to make individuals working remotely feel connected. They are easily overlooked, whether intentionally or not.

An organization, for example, can address the “out of sight, out of mind” problem during video conference calls by placing large photos of remote team members in chairs around the table so everyone in the meeting room can remember their remote colleagues.

Another tip for including remote workers in virtual meetings is to remember to send the agenda and other information well in advance rather than handing out materials in the meeting and realizing remote workers don’t have them. This is also a good practice if you have introverts in the group who like to prepare and think about the topic ahead of time.

Another good practice is to have a meeting facilitator who can make sure remote workers get a chance to speak. It can be hard to know when to enter a conversation when you are on video or on the telephone; a facilitator can look for openings to bring in remote participants.

When it comes to people working from home, it’s vital to communicate standards and expectations. Do you expect them to be online and available during certain hours? Do you only care that the job gets done and not how long they are at their desks?

Setting clear expectations makes everyone know the boundaries and lessens the need to “check-up” on remote workers. When people feel trusted they tend to live up to expectations.

If you manage remote workers, treat them as you would local staff. Make time for conversations, both work related and personal. Keep them aware of changes going on at headquarters and involve them in local activities such as charity events.

Because remote workers may not want to “bother” you constantly with minor concerns and comments, they may save them up until a later time. By then, however, issues may have been forgotten or may have festered and dealing with them may take longer than if they had been handled in the moment.

You may need to call on remote workers frequently to give them the opportunity to ask any questions and offer comments. Some managers post office hours when staff can drop in or call in; others establish set times each day for remote team leaders to check-in.

Providing feedback, both appreciative and developmental, is especially important for remote workers to help them know they are not toiling away in a forgotten backwater. Being aware of their career goals is also important; often remote workers must rely on their managers to keep them apprised of advancement opportunities within the organization.

With a little forethought, remote workers can feel appreciated as valuable members of your team.

Posted on May 3, 2019June 29, 2023

Thanks for the Financial Advice, But …

Andie Burjek, Working Well blog

There was a lot of upheaval on Twitter earlier this week for JPMorgan, which tweeted something many people found frustrating.

The bank has since deleted the tweet, but here’s the text that went along with it:

You: why is my balance so low
Bank account: make coffee at home
Bank account: eat food that’s already in the fridge
Bank account: you don’t need a cab, it’s only three blocks
You: I guess we’ll never know
Bank account: seriously?
#MondayMotivation

“JPMorgan’s tweet demonstrated a stunning tone-deafness about the economic realities facing ordinary Americans — including the big bank’s own minimum wage employees,” according to the LA Times. The article went on to quote a personal finance expert who says the genre of personal finance has long been discredited.

I’m reminded of an op-ed I read on Vice last year. The frustrated author wrote: “Sometime last year, I started frequently googling ‘why am I poor’ and ‘how do I stop being poor.’ Every result insisted the problem is I go out too much (I don’t go out, I’m too tired), I don’t have a savings account (I don’t have enough kick around cash to open a savings account), or I’m not planning my money right (I plan to pay my rent and then cry in a corner until my next paycheck, does that count?) … Financial advice is geared toward the financially stable who make bad financial choices, like investing in bitcoin this year or getting bangs after a breakup.”

I believe there is a lesson here for companies that already have or are considering financial wellness programs. Mostly, if you’re not paying your employees enough (like many minimum-wage employees or some entry-level employees), financial advice could come across as pretty much nonsense. See the Vice article above.

I would agree with that. I’m reminded of a great Twitter thread I saw a few weeks ago.

employer: “you’re hired, salary is $36k”

me: ”I was hoping for $50k”

“we have coffee on tap and a casual dress code”

“that’s great bu-“

“FOOSBALL TABLES AND TREADMILL DESKS”

“please calm do-“

“DOGS AT WORK, HAPPY HOURS, FREE FUCKING SNACKS, MILLENNIALS LOVE THIS SHIT”

— blake (@NYCofficeworker) February 22, 2019

Responses included, “Ah that’s great because my landlord just started accepting snacks for rent payments.” Also, “What’s amazing is employers pitch these things as benefits, and not like, I dunno, good health coverage or a retirement plan.” Also, “my starting salary at entry level was $36k… 15 YEARS AGO.”

And, my favorite:

employer: “you’re hired, salary is 36k”

me: “I was hoping for 50k”

“14 Genius Money-Saving Tips that Will Help You Afford Your Bills…maybe”

— Kipp (@Kipptacular) February 24, 2019

It’s a good reminder that things organizations call “perks” won’t appeal to people who aren’t making enough money. Trying to push “financial advice” as a perk to someone who’s living paycheck-to-paycheck or someone who’s seeing everyday expenses continuously rise while their salary stays pretty much the same, for example, will realistically solicit a much more bitter reaction than you’d hope for.

I’m not saying financial wellness programs and free financial advice have zero value, but they’re a tiny piece in the puzzle. They address a symptom (money problems), not the cause. People have bills, debt, student loans and medical bills to pay, and salaries have not been rising at the same rate as everything else. People’s money problems exist in this broader environment where everything (including education) costs more, and fair compensation is more useful for employees than free advice.

As someone relatively early in her career (who hopefully will be making much more money as I grow older), I do want to acknowledge that money advice can be helpful. My parents and other family members have given me helpful, necessary guidance over the years, and I’m very thankful for that. However, even I understand that personal spending habits are just one aspect of how you’re doing financially.

There are also these macro factors that cannot be ignored.

Also in Working Well: Expanding Employee Access to Mental Health Care

Posted on May 3, 2019October 18, 2024

Poor Internal Communication Can Be a Costly Mistake for Businesses

employee communications

Poor internal communication can have some seriously negative impacts on a company — poor morale, high employee turnover and lower employee productivity, to name a few. Worse yet, these can lead to a lasting effect on a company’s bottom line.

employee communicationsStatistics show that plenty of businesses could stand to improve in this area. According to a 2018 Arthur J. Gallagher & Co. study, 60 percent of companies don’t have a long-term internal communication strategy, though about half said they wanted to make improving leadership communication a top priority.

Also read: How to use technology in your internal communications strategy

Additionally, replacing a worker can cost a company 33 percent of that worker’s annual salary. And lower morale leads to actively disengaged employees, which results in reduced productivity. Productivity loss costs the U.S. a whopping $550 billion each year, according to a Gallup report. Turnover and lower morale can also make it more difficult for a company to attract the talent it needs to move forward.

These problems should give businesses powerful incentive to improve communication with employees.

Three Internal Communication Problems to Avoid

Here are some of the most common communication problems companies face and how to avoid them:

  1. Using outdated communication methods. With many companies going paperless, email has become the primary form of communication because it’s quick and efficient. However, it can also be a source of decreased productivity, as employee inboxes can quickly get cluttered with frivolous emails that hide important messages. The constant influx of new messages can also be a distraction from completing important tasks.

Companies can try focusing on mobile-driven communication instead. Company apps such as G Suite, Asana and Slack offer a new way to communicate and engage employees via their smartphones or tablets. This is especially ideal as the workforce demographics are changing to include nontraditional employees like remote workers, contract-based workers and freelancers.

An employee app provides workers with easy access to corporate information and workplace tools while cutting out the clutter of irrelevant messages and keeping all employees on the same page. Many employees also prefer the use of apps over email. For example, our clients and even some vendors prefer communicating via Slack channels rather than email to touch base quickly and share relevant documents.

  1. Not having an internal communication strategy. Many times, companies place their focus on putting a solid strategy in place for external communications with their customers, but developing an internal communication strategy is just as important. In fact, poor internal communication, along with poor coaching of frontline workers, can result in poor communication with customers. This limits a company’s ability to build a sense of loyalty among customers. Here are some tips to help you start building an internal communication strategy that works:
  • Assess your current internal communication and where you want to be. What has worked successfully and what hasn’t?
  • Identify and track key metrics. What data points matter to you? Is it how many people access your intranet, social media shares and comments from your staff, or customer service issues? Identifying and setting goals that align with your business objectives will be important.
  • Identify and segment your internal audience. Not all communication needs to go to everyone.
  • Identify your communication tools. This can include email, face-to-face meetings, social media, an intranet, company apps and more. Pick the channel that works best for the audience and the type of message you are communicating.
  1. A lack of feedback. A lack of feedback can cause employees to feel like their voices aren’t being heard and can have a significant impact on employee turnover. HR professionals and managers often communicate with employees about policies and procedures without taking the time to listen to them. If you want to implement a comprehensive communication strategy, it should include two-way communication.

Not only does listening to employee issues and concerns improve productivity and build loyalty, but it’s also an opportunity to learn about issues or concerns before they escalate into a formal complaint.

Start a feedback loop process through authentic and consistent communication between managers and employees. Providing feedback benefits a company by increasing engagement and helping to move the company forward. Up to 80 percent of an organization’s opportunity for improvement comes from frontline employees.

Now that you understand what’s at stake when a company has poor internal communication, you can begin taking the necessary steps to avoid these pitfalls. If you don’t take the time to develop a solid strategy, you’re putting your company at risk of losing touch with employees in addition to losing money.

Posted on May 2, 2019June 29, 2023

A Cautionary Tale on Why We Background Check Employees

Jon Hyman The Practical Employer

Here is a cautionary tale on why employers should conduct thorough background checks on employers.

In late 2013, Kristl Thompson, Ashley Raby and Corbie Leslie filed a lawsuit against the Scott Fetzer Co. (doing business as “The Kirby Company”), Crantz Development, and John Fields. The women claimed Fields had sexually assaulted them (including verbal abuse and harassment, inappropriate touching, forced sexual acts, and rape) on numerous occasions between May 2012 and January 2013. A number of these allegations resulted in felony and misdemeanor convictions against Fields.

Fields had worked on and off since the 1970s for Crantz (a factory distributor of Fetzer-manufacured Kirby vacuums) as an independent dealer of Kirby vacuums. Over his decades of work, he had been charged with numerous criminal offenses, including embezzlement, unlawful imprisonment, domestic abuse, and rape.

In their civil lawsuit, the women claimed that Fetzer and Crantz were negligent in hiring Fields and allowing him to go on sales trips with them. The women also asserted claims against Fetzer alone for negligently failing to take appropriate precautions to prevent its independent contractors from hiring employees like Fields, and for negligent supervision of its independent distributor in its hiring practices.

The women alleged that after receiving Fields’s application to become a Distributor Trainee, Kirby conducted a limited background check on Fields, which showed that Fields had lied about his prior criminal record. They further alleged that had Kirby conducted a national search instead of a regional search, it would have discovered his criminal record was much more substantial than he disclosed (including rape). Nevertheless, with knowledge that “Fields had spent almost a year in jail for beating up his wife in 2000, and despite the fact that Kirby knew that Fields lied about his criminal record, Kirby approved Fields to be a Distributor Trainee.”

A year later, Fields applied to become a Factory Distributor. According to the women, Fields “again lied about his criminal record and Kirby again learned of his criminal record.” Despite again learning about Fields’s criminal past, “Kirby approved Fields’ application to become a Factory Distributor.” In the following years, Fields continued to commit crimes, including “forcible rape, first degree domestic violence, unlawful imprisonment, and assault.” While Fields was awaiting trial in the forcible rape case, Kirby learned that he had defrauded elderly customers. That crime appears to have been the tipping point for Kirby, and it terminated his factory distributorship.

Yet, after Fields’ release from prison in February 2012, Kirby rehired him, and he began selling their vacuums again. It was during this period of employment that he sexually assaulted Thompson, Raby, and Leslie.

I pulled these horrible facts from The Scott Fetzer Co. v. Great Am. Ins. Co. (6th Cir. 4/30/19) [pdf], an insurance coverage dispute relating to the long-since-resolved underlying claims brought by Thompson, Raby, and Leslie.

I hope, however, we can all spot the mistakes made here in screening and hiring Fields.

    1. It’s no longer acceptable to limited criminal background checks on employees locally or regionally. Our society is mobile, and the background checks we are conducting on potential hires should reflect this mobility by being national in scope. Almost all criminal records are available online, and there is really no excuse to do anything other than a national search.
    2. When you discover that an employee has lied about their criminal background, the only resolution is termination. The employment relationship is all about trust, and when that trust is broken the relationship is irreparably damaged.
    3. I’m all for second chances and redemption, but an individual with a history of rape and domestic abuse is un-hireable. Convince me otherwise.
    4. Why rehire someone after they are released from prison for rape, especially with all of this back story? This fact is the most head-scratching of them all.

There was little chance this story was going to have a happy ending. Let’s all learn from it by reviewing our own background screening and hiring processes.

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