Author: Site Staff

Issue: In light of the recent incidents of violence in the workplace, your CEO has made updating your company’s hiring and firing practices a priority for the new year. A committee was formed and your task is to work on the company’s policy for giving references. What should your reference policy include?

Answer: Your policy should be to provide references; failure to do so may make you liable should an ex-employee turn violent in a subsequent workplace if you had let that employee go because of violent tendencies or threatening behavior.

Be consistent.
The most important factor in a good policy is consistency. Have a firm, uniform policy for giving references and make sure everyone who has the authority to give references follows that policy to the letter. Restrict the number of people who are authorized to give references and document each reference provided, even those given over the telephone, if your policy allows oral references.

The following tips will guide you in setting up a reference practice that is uniform and fair:

• Develop a formal policy for handling employee reference requests that addresses:

1. The type of information that will be provided;


2. Who is authorized to provide references; and


3. The required form of the request.

• Communicate the reference policy to managers and employees.


• Make sure that terminated employees are given an accurate reason for their dismissals, based on documented evidence.


• Do not provide references for former employees unless you have a release and waiver.


• Do not provide blank “to whom it may concern” reference letters to separating employees.


• Return responses to written reference requests to the requester in an envelope marked “confidential.”


• Ask any party requesting a reference if it has the former employee’s permission to contact you.


• Verify the identity of the person making a telephone inquiry by calling the employer to verify the inquirer’s position.


• Communicate only with parties that have a need to know (HR, prospective supervisor, etc.)


• Before giving references over the telephone, ask if the other party is alone and if the conversation is being recorded.


• Provide only truthful, job-related information that is based on proper documentation.


• Do not volunteer information that is not requested.


• Do not provide misleading information.


• Provide the same type of information about former employees at all levels.


• Document the specifics of all references given in a log.

Cite: Frank B. Garrett III, a principal at the Decatur, Illinois, law firm of Robbins, Schwartz, Nicholas, Lifton & Taylor, at the Eleventh Annual EEO Conference in Chicago.

SOURCE: CCH Incorporated is a leading provider of information and software for human resources, legal, accounting, health-care and small-business professionals. CCH offers human resource management, payroll, employment, benefits, and worker-safety products and publications in print, CD, online and via the Internet. For more information and other updates on the latest HR news, check our Web site at http://hr.cch.com.

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.

Especially if you’re thinking of making a job change, or even out of work, it’s tempting to succumb to depression at this festive season of the year. But keep in mind that the highest percentage of job offers are generally made during the first quarter of the year. The following hints will help you overcome holiday depression and capitalize on the networking opportunities the season provides.

• Volunteer. While there are volunteer opportunities year-round, many charities need extra help during the holidays. Prepare or serve meals at a shelter or help organize a food, clothing or gift drive. It will be an energizing experience and will help job seekers put their own situation in perspective.

• If you’re invited to a party or professional function, go. By staying at home and isolating themselves, job seekers not only feed their depression, but lose out on valuable opportunities to connect with other people.

• Set goals for your job search. Even in December, job seekers should set a target number of networking contacts to make, letters to send, meetings to set up with hiring managers, etc. Job seekers should aim for these goals and reward themselves when they meet them.

• Be positive. Job seekers should try to feel comfortable with the fact that they are not working by thinking about interesting people they’ve met during their job search and the new perspective they’ve gained on career goals. Job seekers should emphasize the positive to themselves and others.

• Take advantage of the season by calling old friends and acquaintances. The holidays offer a no-risk excuse to call, catch up and offer good wishes for the new year. The door is open for a serious networking call in January.

• Watch your alcohol intake. At a party or even at home, drinking too much alcohol will impair a job seeker’s ability to network effectively and perform other job search tasks. For many people, alcohol consumption leads to a heightened sense of sadness.

SOURCE: Lee Hecht Harrison, Irvine, CA.

Issue:In response to an employee’ssexual harassment complaint, your company hired a consulting firm to investigatethe charges. You chose an outside consultant to ensure objectivity in theinvestigation, since a high-level manager was the target. The manager beingaccused of sexual harassment now insists that he is entitled to a copy of theinvestigative report prepared by the consulting firm. Is he right?

 

Answer: Yes, according to theFederal Trade Commission (FTC), since the investigation report falls within thescope of the Fair Credit Reporting Act (FCRA). The FTC has concluded that anemployer who hires an outside organization to investigate a sexual harassmentclaim must follow FCRA procedures because:

 

1. An outside firm performing a harassment investigation onbehalf of an employer is a “consumer reporting agency,”

 

2. The report would most likely be an “investigativeconsumer report,” and

 

3. Violations requiring corrective or disciplinary actioncould reasonably be defined as an adverse employment decision.

 

Whatdoes the FCRA require?
Under theFCRA, in order to obtain a copy of a third party’s investigative report, an
employer must certify to the consumer reporting agency that:

 

·   The employer has conspicuously disclosed to applicantsor employees, in writing, that a credit report may be sought. (Note that thisdisclosure has to be in a document separate from any other document.)

 

·   Information from the report will not be used inviolation of any federal or state equal opportunity law or regulation.

 

·   Written authorization has been obtained from employeesor applicants.

 

Moreover,before taking any adverse employment action based on the credit report, theemployer must provide to the applicant or employee a copy of the report plus awritten summary of consumer rights under the Consumer Credit Reform Act.Adverse action means a denial of employment or any other decision foremployment purposes that adversely affects any current or prospective employee.

 

Whatcan employers do?
Acknowledgingits approach could create some “practical problems,” the FTC has offered theserecommendations:

 

Routinelyobtain consent at start of employment.
An employee’s consent to obtaining a consumer report, required by law, can beroutinely obtained at the start of employment, relieving the employer of theawkward prospect of having to ask a suspected wrongdoer for permission to allowa third party to provide an investigative (or other) consumer report to theemployer.

 

Routinelymake disclosures at start of employment.
Employers seeking to obtain reports on employees can meet the disclosurerequirements in a similar fashion.

 

Askall current employees to sign a consent form and provide required notice, allat once.
Another way for an employer to comply with these FCRA requirementswithout alerting a suspected wrongdoer is to ask all current employees to signa consent form, and provide them any required notice, at the same time.

 

Conductinvestigations internally.
FCRA does not apply to investigations employers conduct themselves throughtheir own personnel. Similarly, the FCRA would not apply where the employeruses a third party that does not “regularly engage” in preparing such reportsand thus does not fall under the definition of “consumer reporting agency.”

 

If youmust provide a copy of a report prior to adverse action, don’t name parties whoprovided investigative information.
To assist an employer who will be to provide a copy of a report to an employeeprior to adverse action, an investigative agency may draft its report to theemployer to minimize risks attendant to such disclosure, most importantly bynot naming parties that provide negative information regarding the employee.

 

Takeadverse action contemporaneously with providing copy of report.
Note that the FCRA specifies no fixed “waiting period” that an employer mustobserve prior to terminating an employee for workplace misconduct based inwhole or in part on a consumer report.

 

Cites: FTC Informal Staff Opinion Letterof August 31, 1999, Division ofFinancial Practices, Bureau of Consumer Credit Protection, David Medine,Associate Director of Financial Practices; FTCInformalStaff Opinion Letter of April 5, 1999, Division of FinancialPractices, Bureau of Consumer Credit Protection, Christopher W. Keller,Attorney.

 

Source: CCH Incorporated is aleading provider of information and software for human resources, legal,accounting, health-care and small-business professionals. CCH offers humanresource management, payroll, employment, benefits, and worker-safety productsand publications in print, CD, online and via the Internet. For moreinformation and other updates on the latest HR news, check our Web site at http://hr.cch.com.

 

Theinformation contained in this article is intended to provide useful informationon the topic covered, but should not be construed as legal advice or a legalopinion.

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Responses from Workforce.com members as to the best item on an HR resume.

“An MBA is a huge drawing card, particularly for CEOs who want a strategic business partner in their HR officer. Transformational change experience is key due to the aggressive expectations of HR coming from CEOs and company leaders. Line or operational experience is attractive to CEOs particularly if the individual can demonstrate the ability to learn on the fly.”

Bonnie C. Hathcock
Senior Vice President, Human Resources
Humana Inc.
Louisville, Kentucky

 

“I suppose it depends on one’s goals. I will answer from the perspective of someone who aspires to a senior human resources position.

1. Executive exposure. Having daily, real interaction with senior leadership forces HR professionals to focus on the key business issues and “toughens” them up to learn how to push upwards when the time comes.
2. Corporatewide responsibilities. These provide one with a high-level perspective on what the business is doing, as well as giving one breadth on the variety of issues that can occur in different work groups.
3. A seat at the table. HR professionals should be, literally, sitting at the table (e.g., staff meetings and key conversations) and be viewed as an integral part of the business, working with both employees and management.”

Phillip A. Weiss
Director, Human Resources
Continental Airlines
Houston, Texas

 

“I think by far the most valuable thing an HR professional can have on his or her resume is demonstrated productivity improvements within the business not just in HR.

For example, if you improved or instituted some process that impacted overall company performance, then celebrate it on your r sum . Did you effectively decrease time-to-hire? What was the bottom-line impact of that? Did you introduce a child-care program, or a distributed education initiative? If so, did it result in better retention, better service, higher quality?

Businesses want to be able to do more and better with less, and they can appreciate that quality even in their HR hires. Let your current and prospective employers know you are on the same page on improving the overall business.”

Mark Koskiniemi
Vice President, Human Resources
Buckman Laboratories International Inc.
Memphis, Tennessee

 

“The most valuable experience any of us can have on our resumes will detail how we dealt with the tough issues that confront us as HR professionals. Neither the education nor the simple employer listing does enough to catch the eye of the recruiter in need of special skills. Each search has a need for a set of tools and an understanding how to best use them; the only way to effectively showcase them is with simple examples of how they were used to address the issues that face all employers equally.”

Arthur E. Nathan
Vice President, Human Resources
Bellagio Resort
Las Vegas, Nevada

 

If you could begin your career again, what’s the one thing you would do differently? Send your answer along with your name, title, company and location to Todd Raphael at raphaelt@workforceonline.com and your answer may appear on Workforce.com or in Workforce magazine.

In this age of tough sexual harassment and employment discrimination laws, Corpedia.com gives its annual tips to keep the lawsuit “Grinch” from stealing your company party’s holiday cheer.

1. Keep Santa in line.
   Don’t allow your employees to sit on his lap. The local Rent-a-Santa probably doesn’t conduct background checks.


2. Watch the holiday “Cheers.”
   Keep a close eye on alcohol consumption and inebriated employees. If necessary, arrange for transportation. The price for cab fares is far better than the cost of a negligence lawsuit due to a drunk-driving employee.


3. Assign designated “party watchers.”
   Make sure they’re sticklers (like those accounting types) who will be strict on excessive drinking or other inappropriate behavior.


4. Don’t ignore feisty holiday spirit.
   Overly romantic displays of affections can be a serious matter.


5. Watch the reindeer games.
   Discourage activities that invite touching or personal revelations. This includes the all-time party favorite “The Rumba Line.”


6. Encourage employees to bring their significant others.
   Their presence discourages intra-office flirting and almost always ensures your workers are good little boys and girls.


7. Monitor any gift giving.
   Discourage the exchange of offensive or inappropriate gifts that have sexual or romantic overtones.


8. Start and end the party early.
   This can keep “God rest ye merry gentlemen” from becoming “Bob, arrest these merry gentlemen!”


9. Lock up the copy machine.
   Blotchy copying problems may be the least of your worries if daring employees get their hands on it.

SOURCE: Corpedia, Mesa, AZ, December 16, 1999.

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Many organizations are helping IT workers gain the non-technical skills they need through training and development opportunities. But before scheduling another training session, organizations should make sure the program focuses on the following critical areas of development:

• Interpersonal relationship skills.
  Expertise alone is not enough to establish credibility with a client. To win a client’s trust, internal IT consultants must be able to listen, relate to the client’s specific needs and gain his or her confidence.

• A strong customer orientation.
  Before proposing a solution, the IT consultant must have a clear understanding of a client’s goals, role and expectations. Internal IT consultants need to have their fingers on the pulse of the organization and seek ongoing feedback to ensure the client’s expectations are being met.

• Diagnostic insight.
  Effective internal IT consultants are able to analyze problems from all angles. Their recommendations must support the strategic direction of their organization, while meeting a client’s individual needs.

• Versatility.
  Internal consultants must be able to communicate with people at all levels of the organization. In order to create solutions that stand the test of implementation, the need to translate a client’s objectives into workable strategies that are accepted throughout the organization.

• Persuasion skills.
  While IT consultants need to be responsive to their clients’ needs, they must also be able to help a client see the value of their recommendations, even when they differ from the client’s point of view. Knowing when to take a stand for what they believe is right makes internal IT consultants invaluable in setting organizational strategies.

Even the most well-thought-through training program won’t work if an individual isn’t motivated to invest the time and energy into it. Make sure IT professionals understand how their development efforts will impact their performance and advance their long-term career objectives.

SOURCE: Personnel Decisions International

Issue: You are the HR manager for a publishing company, and one of your duties is ensuring compliance with the injury and illness recordkeeping requirements of the Occupational Safety and Health Administration (OSHA). In the course of a week, one of your employees suffered a mild scissors cut that required a bandage, while a second employee suffered a more serious laceration from a paper cutter. The latter employee’s wound was closed using butterfly adhesive dressings. Are both incidents of medical treatment recordable for OSHA recordkeeping purposes?

Answer: No, only the paper cutter laceration. In 1971, OSHA issued a regulation, Recording and Reporting Occupational Injuries and Illnesses, which states that occupational injuries involving medical treatment must be recorded on the OSHA No. 200—Log and Summary of Occupational Injuries and Illnesses.

In 1986, OSHA published the Recordkeeping Guidelines for Occupational Injuries and Illnesses to provide employers with supplemental instructions to the recordkeeping forms. OSHA provides the following guidance for distinguishing between medical treatment and first aid:

Medical treatment.
The following are generally considered medical treatment. Work-related injuries for which this type of treatment was provided or should have been provided are almost always recordable …

• Application of SUTURES (stitches)

• Application of BUTTERFLY ADHESIVE DRESSING(S) or STERI STRIP(S) in lieu of sutures….

First aid.
The following are generally considered first aid treatment (e.g., one-time treatment and subsequent observation of minor injuries) and should not be recorded if the work-related injury does not involve loss of consciousness, restriction of work or motion, or transfer to another job:

• Application of BANDAGE(S) during any visit to medical personnel.

Wound closure vs. wound covering.
The underlying distinction in these types of treatment is between wound closures and wound coverings. Sutures (stitches), Steri Strips™, staples, butterfly adhesive dressings, etc., are all classified as wound closures, which are intended to align the edges of wounds and to promote healing. On the other hand, bandages (Band-Aids™, gauze pads, etc.) are wound coverings, which are intended to prevent the invasion of bacteria and infection to an open wound.

The application of a wound closure is considered medical treatment for OSHA recordkeeping purposes, while the use of a wound covering is deemed to be first aid treatment.

Therefore, in the scenario above, a mild scissors cut that is dressed with a bandage would be considered first aid treatment and not recorded for OSHA injury and illness recordkeeping purposes.

However, the use of topical skin adhesives to close a wound, such as a serious laceration from a paper cutter, would be considered medical treatment for OSHA purposes. A work-related laceration that receives this type of medical treatment would have to be recorded on the OSHA Log 200.

CITE: 29 CFR Part 1904—Recording and Reporting Occupational Injuries and Illnesses; Recordkeeping Guidelines for Occupational Injuries and Illnesses, pp 42-43.

Source: CCH Incorporated is a leading provider of information and software for human resources, legal, accounting, health-care and small-business professionals. CCH offers human resource management, payroll, employment, benefits, and worker-safety products and publications in print, CD, online and via the Internet. For more information and other updates on the latest HR news, check our Web site at http://hr.cch.com.

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.

With all the changes in today’s workplaces, most people are struggling to balance work and family. People are working longer hours, doing more with less, and finding themselves stretched to their very limits by the demands of their jobs. As a result, those who matter most to us may feel left out, or wonder what it is you do when you go away for so many hours each day. Here are ten ways to share your work with your family:

1. Videotape the place where you work. Do a “walking tour” showing the reception area if you have one, the cafeteria or breakout room, and most importantly, your office, cubicle, or work area. (Make sure you have a family picture or family momentos visible in your workspace. Include “hello’s” from some of your colleagues if you feel comfortable.


2. Invite your family members, perhaps one at a time, to join you for lunch. Some parents allow their children to each have a special “Dad or Mom” (or Grandma/Grandpa, Aunt/Uncle) day when they get to take a day off from school to visit their family member’s workplace.


3. Help organize a “Bring Your Family to Work” day or an Open House Expo in which families come to learn more about what their relatives do.


4. Give your family members logo gifts from your organization so that they feel like they are a part of your work life. By creating a feeling of partnership with your family, you are helping to stop feelings of jealousy that you care more about your job than you do about them.


5. Ask your family members to help you with a work project. It may be as simple as stuffing envelopes, or stapling papers, or filing and sorting; however, if it is done as a family, it brings closeness rather than separation.


6. Start contests at your workplace that involve families. The DMV at Virginia sponsored a wonderful contest in which they asked family members to draw pictures of what their Mom/Dad/Grandpa/Grandma/Aunt/Uncle did at work all day. The pictures were then framed and now hang in the hallways and reception areas. The customers enjoy them and the atmosphere they create, and the children love to come in and see their drawings hanging where their family member works.


7. Bring home articles about your work, pictures of your boss and co-workers, and samples of your marketing materials. If you help create a product, bring home examples to show your family. Children also love the fun little “gimmicky” things we often get at trade shows or from vendors.


8. When you receive a reward at work, make sure you share it with your family. Invite them to the ceremonies, if possible.


9. Invite colleagues to your home, particularly the person to whom you report, so the family members can get to know them.


10. When you’re involved in a long project, give your family a calendar so they know exactly the extent of your commitment. Each night at the dinner table they can check off a day, and you can report on your progress.

SOURCE: Barbara Glanz, Barbara Glanz Communications, Inc. Copyright © 1998. All rights reserved.

Issue: Your company began hiring its sales staff as independent contractors after you became aware that a number of other companies in your industry had been hiring salespersons as qualified independent contractors for several years. The IRS now challenges you on your sales staff’s employment classification. How can you show the IRS that your salespeople are, in fact, independent contractors?

Answer: An employee who might otherwise be classified as an employee can qualify as an independent contractor under a safe harbor rule contained in Section 530 of the Revenue Act of 1978.

Your business may qualify for an IRS Section 530 “safe harbor” exception to employee status if you can prove ALL THREE of the following:

1. Consistent treatment: Since December 31, 1977, your company and its predecessors consistently treated individuals doing similar work as independent contractors and have never treated a current “independent contractor” as an employee; and
2. 1099s filed: Since December 31, 1978, your company has filed all the required federal tax returns (Form 1099-Misc.) for independent contractors; and
3. Reasonable basis: There existed a reasonable basis for treating the workers as independent contractors. Reasonable basis may be proven in several ways. Following are some common examples of showing reasonable basis:

• Your company relied on similar judicial precedent, a published ruling, technical advice to the company, or a letter ruling to the company, or

• In a past IRS audit, your company was not charged taxes or penalties for treating workers doing similar work as independent contractors, or

• It is a recognized practice in your company’s industry to treat certain types of workers as independent contractors. There is no fixed percentage of an industry that must be shown.

Here, the employer should show the IRS that many other companies in the industry have been hiring salespersons as independent contractors for several years, and that he relied on that longstanding practice in his industry in doing the same.

Source: CCH Incorporated is a leading provider of information and software for human resources, legal, accounting, health-care and small-business professionals. CCH offers human resource management, payroll, employment, benefits, and worker-safety products and publications in print, CD, online and via the Internet. For more information and other updates on the latest HR news, check our Web site at http://hr.cch.com.

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.

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Faced with an ever-growing list of questions about how toleverage the Internet, many managers are increasingly reluctant, or at the veryleast perplexed, about how to sell over the Internet,” says Tom Knight,principal at Sibson & Company, global management consulting firm.

He adds, “This is particularly true in commercial businesseswhere many managers believe that selling over the Web is for consumer productsor commercial products that have become commodities.”

Knight says, “If you, or your company, hope to break throughby selling through e-channels (e-commerce), regularly reviewing the followingquestions will help ensure your success.”

1. What productsshould we sell and to which segments via e-channels?
Three critical inputs are required to make this determination: a) anunderstanding of the customer’s purchasing preferences, b) a product levelunderstanding of the cost to serve each segment via current channels, and c) aproduct level estimate of the cost to serve each segment via e-commerce.

2. How should were-define sales roles in light of the addition of e-commerce channels?
You must know: 1) Which activities would provide additional customer value? 2)Which activities would enable the firm to justify a higher price, and 3) Whatskills and capabilities do sellers require to take part in these activities?

3. How should weadjust our sales coverage models in light of our new channels?
Once decisions have been made about the new role of sales people, the firmmay begin to optimize its sales coverage model by considering: 1) What type ofseller is required for each account? 2) How many accounts can each seller covergiven his new role, and 3) Which accounts offer the most growth?

4. What incentivesshould we deliver to ensure the success of e-channels?
Ensuring the success of e-channels with incentives is a complex issue. Onone hand, organizations must decide how to reward sales people for salestransactions in which they play a part, as well as for marketing the use ofe-channels to customers.

On the other hand, managers must decide whether and how toencourage customers to conduct business over e-channels, and how to do so in acost-effective manner.

5. What type ofcustomer experience should we provide within e-channels?
As Web surfers know, all good Internet sites create a “reason to return.”Unfortunately, in the world of e-commerce, the equation is not so simple; notonly must the site be enjoyable, but it also must allow customers to dobusiness the way they want to do it.

6. What is requiredfor us to continue to deliver value with e-channels?
Many managers start e-channels because they allow companies to get intobusiness fast, but they fail to realize that faster order capture also meansgeometrically faster delivery.

Fast delivery requires superior integration of a company’sinformation systems, from order capture and entry to processing, fulfillment,shipping, and billing. Delivery is also complicated by the fact that orders anddeliveries now come in greater number and smaller increments, making it harderfor companies to achieve the same economies of scale of distribution as theyonce knew when they shipped by the freight car.

7. How should we thinkabout pricing our products?
The challenge of pricing for e-channels is complex and ongoing.Comparison-shopping is easier over the Web, particularly for non-commodityproducts. Managers must first decide whether discounts are warranted on certainproducts within certain segments. Then they must go to work creating a pricemonitoring and modeling system that frequently reviews the competitiveness oftheir prices and the profitability of products, as well as customers.

8. What decision support tools and information arerequired to manage selling over e-channels?
With the added complexities of regular customer re-segmentation, pricingmodifications, and leveraging free time created by new sales roles, a varietyof information and decision support tools are required.

Leading companies have learned to identify information anddecision support system requirements by thinking in terms of “exploitableexceptions” in their interactions with customers. The challenge is to equipsellers and managers with the information and decision support tools necessaryto take fast, full, and complete advantage of opportunities that yourcompetitors have not yet noticed.

9. What’s our returnon e-commerce?
As in most business cases, returns depend on where, when, and how much youinvest. E-commerce’s potential to affect all functions and units of a businessmakes calculating an ROI an illusory exercise. However, approximations arepossible, and most who have run the numbers agree that the returns are huge.

SOURCE: Sibson, Chicago, IL 1999.