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If You Put Up With Bullies in Your Workplace, Stop (Before Someone Else Makes You)

I came across an article on TLNT last week entitled, The 7 Ways Organizations Justify Bullying in The Workplace. According to the article, these are the seven most popular excuses companies make for workplace bullies:

  • He just goes off from time to time; he means no harm.
  • OK, I will ask him to apologize again.
  • Ron’s skills are so valuable we can’t afford to lose him.
  • I just had “another” conversation with Ron. He will be OK.
  • It’s easier to keep him than to find a replacement.
  • That’s just how Ron is. He is just passionate.
  • He doesn’t mean any harm; he’s just under a lot of stress.

If you find yourself making these excuses for anyone in your organization, it’s time to reevaluate the type of workplace you want to be.

And, it’s not because bullying is illegal. In fact, in many cases, it’s not. Unless a bully is harassing someone because of a protected class (race, sex, age, disability, religion, national origin…) bullying is probably lawful. As the U.S. Supreme Court has famously said, our workplace discrimination laws are not meant to be a “general civility code” for the American workforce. In layman’s terms, our laws allow people to be jerks to each other at work.

The question, however, is not whether the law protects the bullied, but instead what you should be doing about it in your workplace. If you want state legislatures to pass workplace bullying legislation, then continue to ignore the issue in your business. If you want to be sued by every employee who is looked at funny or at whose direction a harsh word is uttered, then continue to tolerate abusive employees. If you want to lose well-performing, productive workers, then allow them to be pushed out the door by intolerable co-workers.

The reality is that if companies do not take this issue seriously, state legislators will. What can you do now to protect your workplace from a future of anti-bullying legislation?

  1. Review current policies. Most handbooks already have policies and procedures in place that deal with workplace bullying. Do you have an open-door policy? A complaint policy? A standards of conduct policy? If so, your employees already know that they can go to management with any concerns—bullying included—and seek intervention.
  2. Take complaints seriously. These policies are only as good as how they are enforced. Whether or not illegal, reports of bullying should be treated like any other harassment complaint. You should promptly conduct an investigation and implement appropriate corrective action to remedy the bullying.

In other words, take seriously bullying in your workplace. If you don’t state legislatures will, and you won’t like the results.

Written by Jon Hyman, a partner in the Labor & Employment group of Kohrman Jackson & Krantz. For more information, contact Jon at (216) 736-7226 or jth@kjk.com.

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Getting the Most out of Your New Hires

One of the biggest mistakes companies make is ending the hiring process with on-boarding. Ensuring top notch productivity and longevity requires answering three main questions successfully that address ensuring newly hired employees get up to full productivity, retaining employees after they are hired and measuring success and improvement over time.

Register to download this free white paper to learn about Getting the Most out of your New Hires. Sponsored by Successfactors.

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It Just Doesn’t Matter (Who the President of the United States Is)

By the time you’re reading this, we’ll either have the same president or a new president, or they’ll still be counting Ohio’s provisional and absentee ballots, and we’ll have no idea who the next president will be. (Update: Ohio was nowhere near as close as anyone thought it might be.)

The president has a large impact on labor and employment policy in this country. If one candidate wins we’ll have universal health care and activist federal agencies. If the other candidate wins we may not (or may) have universal health care, and we will have less activist federal agencies. Who wins also impacts who is appointed to the federal bench, including the Supreme Court, which may be any president’s most lasting legacy.

And yet, whether we have President Barack Obama or President Mitt Romney for the next four years shouldn’t make a lick of difference on how you manage your employees. You should still follow the golden rule. You should still treat employees with dignity and respect. You should still pay employees for all the hours they work. You should still avoid discrimination, and harassment, and retaliation.

Either president will offer his own agenda. The next four years under Obama will look very different to businesses than the next four years under Romney. Be good to your people, and the rest, more often than not, falls into place.

In other words, if you manage your employees reasonably, pragmatically and with decency, it just doesn’t matter, from a day-to-day perspective, who the president is.

Written by Jon Hyman, a partner in the Labor & Employment group of Kohrman Jackson & Krantz. For more information, contact Jon at (216) 736-7226 or jth@kjk.com.

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Workforce Presents the 2012 Optimas Award Winners

We are pleased to announce the winners of the 2012 Optimas Awards for exemplary achievements in workforce management. It has been a challenging time for many of our winners, which have found innovative ways to do more with less and meet the demands of a changing economy head on. For A to Z Machine Co., a manufacturer based in Wisconsin, the dearth of skilled workers led company leaders to partner with local high schools in promoting a youth apprenticeship program.

At Sodexo Inc., where diversity is a top priority, the fact that most minorities access the Internet through their phones sparked the development of a job-search mobile phone app. Another Optimas winner, Etisalat Misr, Egypt’s third-largest mobile network operator, managed to both cut costs and improve morale during a time of political and economic turmoil.

This year’s winner for General Excellence is ChildNet, a not-for-profit child-welfare agency in Florida that accomplished a dramatic turnaround in its culture and finances thanks to a series of initiatives to improve employee morale.

We congratulate all the winners for their efforts and their bottom-line results, and we encourage companies with innovative workplace management strategies to enter next year’s Optimas competition. (See competition details at workforce.com/optimas.)

Workforce Management, November 2012, p. 24 — Subscribe Now!

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How Do We Change Job Titles Fairly?

Dear Title Fight:

Job titling is usually fraught with risks. However, there are really two issues you need to address.

The first relates to the relative level of internal responsibility. The second issue is centered on compensation and external market competitiveness.

Internal levels of responsibility: It’s OK to have two different titles within the same salary grade. It doesn’t matter if the titles carry different levels of perceived authority or responsibility. What matters is that human resources and leadership have a defined and specific set of criteria for these positions.

Levels can be set, maintained and realigned as needed, using factors such as: the scope of a leader’s decision-making, the impact of those decisions on the organization, breadth of management, functional or subject-matter leadership. Factors such as years of experience and reporting relationships are marginal to the analysis. Numbers of direct or indirect reports and salaries should be irrelevant.

Make sure your criteria are specific enough so that one manager doesn’t report to another manager who occupies the identical grade level (such as a department head). These guidelines should determine the most appropriate titles for people, based on their level in your organization.

Compensation and market competitiveness add further complexity. The market value of a job typically determines where a job is placed, relative to grade. This helps you set the actual pay. Use appropriate and selective market data as you develop pay ranges.

However, pay ranges typically address only base compensation. Having two management positions in the same pay range is thus not only fine, but may be appropriate from the standpoint of the competitive labor market.

Keep in mind that a job grade affects its base pay only. It does not necessarily dictate how you handle other compensation elements, such as participation in bonus plans, eligibility for stock options or long-term incentive programs, and executive perks.

Instead, these elements can be defined based on grade, title, level in the organization, or any other relevant factor. Just as your firm will have a set of criteria for internal levels, it ought to have a set of criteria for participation in compensation programs. This avoids inequities or anomalies. Defined criteria will provide clarity around these decisions and enhance transparency.

SOURCE: Bob Fulton, The Pathfinder’s Group Inc., Chicago

LEARN MORE: Please read here for more information on this topic.

The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion. Also remember that state laws may differ from the federal law.

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How Do We Measure Innovation, Loyalty and Other Abstract Concepts?

Dear In Search of Answers:

Congratulations on having employees who work hard, care about the company and strive to do well. This is the definition of a fully engaged workforce. Whatever you are doing, keep doing it.

Though I do understand your desire, abstractions/feelings such as commitment and loyalty cannot be made concrete nor be accurately measured. Attempts to do so actually have a negative effect on performance. When you hold someone to a nebulous ideal, you inadvertently set him/her up to fail and you build distrust. This lowers commitment. Brainpower is also wasted.

You have concrete performance metrics such as projects completed on time, on or underbudget, safety records, profits, retention, etc. Those are clearly defined and objective. People respect those measures. Think for a moment about the statement: “We need to be more innovative.”

What is that ever going to mean?

Instead, asking “How do we come in underbudget next time?” is more likely to spur innovation and creativity and produce results.

Thusly, if you are measuring so as to increase commitment, innovation and so on, you risk the opposite will occur. The same is true for job competencies and descriptions since they are attempts to control performance rather than inspire it.

Abstracts are driven by a desire to do a better job and being able to exceed the expectations of the marketplace. Leadership fosters this by removing barriers and providing outstanding support—information, tools, training, goals/objectives, discipline, etc. The barrier could be a bad manager, lack of ability or bureaucracy. Finding these requires listening to the questions, suggestions and complaints of employees and responding to the satisfaction of employees. This is no small task and it is management’s most important role.

Now, since your management appears to know how to create engaged employees, I recommend you codify their methods. Then create a training program for new executives, managers and supervisors to replicate these actions. And finally, use a trained observer to detect deviations tending to reduce the level of engagement and take corrective action.

Let me end by saying that when management does its job to the absolute highest standard, everyone is going to rise up to meet it. And the difference in performance between disengaged and engaged employees is in the hundreds of percentage.

If you have any questions or need further assistance, don’t hesitate to contact me.

SOURCE: Bennet Simonton, Leadership Science, author of “Leading People to Be Highly Motivated and Committed.”

LEARN MORE: Please read “How Can We Be Certain Our Workers Perform at a High Level?” for tips on driving a high-performance workplace.

The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion. Also remember that state laws may differ from the federal law.

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Top Performers vs. Critical Performers: Semantics or Meaningful Distinction?

Dear Taking Stock:

Top performer status is conferred on employees whose quantity and quality results significantly exceed expectations. Critical performer status is a designation of a job, not the person in it, and is based upon the relative importance of a position to the organization’s success.

All organizations have critical performer positions that must function effectively if the company is to attain its desired results. Executive positions are critical to the overall performance of a business. Business organizations rarely outperform their leaders.

Any job that could powerfully impact a company qualifies for this designation, however. Example: I know of a small local factory that has only one shipper and receiver because its dock is tiny. This position is a pinch point in the factory’s operations. Anything less than acceptable performance by the shipper shuts the factory down or delays outbound shipments.

A job that is critical to performance today may not be in the future. The opposite is also true. The factory above is in the process of increasing the size of its dock and adding staff to reduce dependence on the single position.

Organizations should identify not only their top individual performers but also their critical performer positions. Both require special treatment.

Top performers should be recognized and rewarded for their excellence. Review critical performer positions to ensure that retention, performance development and related strategies properly align with the needs of the organization. Underpay them or neglect training and the employee may bolt, leaving you with a real mess on your hands.

SOURCE: Rick Galbreath, Performance Growth Partners Inc., Bloomington, Illinois

LEARN MORE: Although companies usually can name their star employees, many have trouble hanging onto them.

The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion. Also remember that state laws may differ from the federal law.

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Do You Know What to Do When Severe Weather Strikes Your Workplace? #Sandy

I don’t know if you’ve heard, but there this little storm named Sandy trekking toward the mid-Atlantic and New England.

The storm is so potentially dangerous that the National Weather Service is sending out passive-aggressive warnings, just in case people are thinking of riding it out: “If you are reluctant, think about your loved ones, think about the emergency responders who will be unable to reach you when you make the panicked phone call to be rescued, think about the rescue/recovery teams who will rescue you if you are injured or recover your remains if you do not survive.”

Do you know what to do with your workers when a weather event such as Sandy aims for your workplace?

Two winters ago, I offered five suggestions for your workplace extreme weather policy, including how to handle issues such as attendance, wage and hour, and telecommuting.

In light of this week’s storm of apparently historical proportions, I thought it best to revisit that post: Do you have a severe weather policy?

Written by Jon Hyman, a partner in the Labor & Employment group of Kohrman Jackson & Krantz. For more information, contact Jon at (216) 736-7226 or jth@kjk.com.

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What Are the Differences Between HR Practices in the U.S. and in the Caribbean?

Dear On the Move:

 

There are a number of things a potential employer will consider when deciding whether to hire someone who has not been a human resources practitioner in the U.S. The most important are:

  • Familiarity with workplace laws.
  • Knowledge of the general culture and the business culture.
  • Industry familiarity.
  • Ability to develop and execute HR strategies and practices.
  • Facility with organizational-design solutions.

Laws: I did a bit of research on Caribbean employment law in preparation to answer your question. I found that the laws do differ from U.S. law. That means that you will need to come up to speed pretty quickly on U.S. employment statutes. The areas for focus are: protected leaves, wage and hour, employee privacy, discrimination and termination requirements. I would suggest that you reach out to the Society for Human Resource Management for suggestions, reading material or classes to help you get up to speed.

Culture: As I am sure you are aware, the culture in every country is different. Understanding “what makes people tick” is very important in our field. For instance, if you are trying to help a manager motivate his employees or keep them engaged, you need to be able to offer suggestions that will resonate with the population. U.S. employees enjoy personal recognition and so public rewards are often used to motivate. In other countries, calling attention to individual performance has the opposite effect. Learn about the U.S. culture at work by searching the Web and you will find the names of many resources.

Industry familiarity: Just as country culture can differ, so can the culture from industry to industry. The high-tech field, for instance, is fast-paced and data-driven, values risk-taking, has a pretty flat hierarchy and empowers employees. Retail is much more rules-focused, hierarchical and moves much more slowly. Although an HR person can learn to operate in a new industry, looking for a job in a company where your expertise lies might give you a bit of an advantage. Years ago, I helped a bank client interview for new HR talent. The client hired a woman from London for her first HR job in the States because she had HR experience in banking. The client believed the business-culture fit was the most important skill and the rest could be learned.

HR strategies/organizational-design tools: Any employer in the U.S. is going to be interested in your basic HR skills. These are the same all over the world. You need to be able to understand the business objectives and the HR levers to help the business achieve its strategy in the most efficient way. These include leadership development, goal-setting and talent management.

Good luck with your transition—it sounds like an exciting move.

SOURCE: Ellen Raim, vice president of human resources, Cascade Microtech, Beaverton, Oregon

LEARN MORE: To learn how to break into different areas of HR, please check out this previously published Dear Workforce article.

The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion. Also remember that state laws may differ from the federal law.

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How Do I Coach for Engagement?

Dear Too Much Information:

Employee-engagement studies during the past decade reveal that, for the most part, employee engagement isn’t strong —and it may be getting worse. You are therefore wise to look for ways to improve it within your team.

With respect to making a positive impact on engagement: It is helpful to remember that people are motivated only by their own goals and aspirations, not those of others. This most definitely applies to work.

The secret is to connect your employees’ personal goals and aspirations to those on the job that you wish them to pursue with equal enthusiasm. First, you’ll need to know what those interests are and then help employees make this all-important connection. Remember: Not everyone is interested in or willing to discuss personal interests outside of work. If that’s the case, don’t push.

To find out what motivates your employees on and off the job, here’s a secret: Ask questions. If an employee would rather not share outside interests, fine: Keep the discussion focused on work goals. Your next step is to make clear how an individual’s work contributes to achieving the specified goals. When you do that, you will have tapped into the broader motivations of your employees.

Here’s an illustration:

During your regular coaching discussions with Bob, you learn that he wants to make a significant contribution to preservation efforts in his local community. But Bob laments the fact that he first needs to acquire some new skills, and he doesn’t have time for after-hours training. Bob will need to learn how to organize and manage projects, present ideas effectively to municipal leaders and the public, and analyze statistical data. If you can help Bob get these skills, you help him prepare for his role in the community—as well as advancement opportunities with your organization. It sounds cliché, but this would be a win-win situation that should help boost Bob’s engagement in his work.

Individual leaders and organizations would do well to understand this simple principle and use it to drive greater engagement.

SOURCE: Alan Preston, Just Enough HR, Phoenixville, Pennsylvania

LEARN MORE: Companies may measure it, but shared accountability for engagement is an exception, not the norm.

The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion. Also remember that state laws may differ from the federal law.