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Posted on January 1, 1997July 10, 2018

Exporting Corporate Ethics

An old Vietnamese proverb — the law of the Emperor stops at the village gate — illustrates the principle that rules tend to lose their power the farther away they are from their source. And the distance needs to be measured in both miles and cultural norms.


As a country manager for 17 years in Latin America, I was responsible for upholding my organization’s ethical standards in a challenging environment. I managed to avoid paying a single bribe in all that time. It wasn’t easy. I had to use relationships, influence, leverage, exchange of favors and legitimate third-party facilitators to get things done. Also, I gave many thank-you gifts to people who made a special effort to be helpful. Sometimes I simply had to accept delays and a few setbacks as costs of maintaining my imported ethics.


Develop International ethics standards. U.S. corporations encounter countless obstacles as they walk the fine line between the requirements of the Foreign Corrupt Practices Act — passed by Congress in the 70s to restrict unethical business practices of U.S. companies internationally — and the realities of local business culture. Many companies have written ethical guidelines to help their international business travelers, overseas managers and expatriate employees navigate the maze of local business ethics. Sunnyvale, California-based Advanced Micro Devices established its “Worldwide Standard of Business Conduct” and San Francisco-based Levi Strauss & Co. uses its “Business Partner Terms of Engagement and Guidelines for Country Selection.”


Such efforts to make corporate ethics explicit and compelling in diverse cultural settings are plagued by many hurdles and pitfalls. Worldly-wise companies take into consideration the cultural values of the countries in which their ethics standards are to be applied. They don’t assume the standards automatically will sell themselves or that they’ll be understood the same way in all locations.


Corporate ethics statements typically deal with gift giving and receiving, proprietary information, bribes, nepotism in hiring practices, conflict of interest, sexual harassment, treatment of racial and ethnic minority employees, and use of convict or child labor by suppliers. All of these areas are viewed differently depending on the cultural perspective. Therefore, it’s useful to determine what unique resistance and/or acceptance factors exist in a particular location.


Maximizing the buy-in of overseas employees, suppliers, clients and host government representatives requires dealing with the following issues:


Rule definitions: Are rules supposed to be obeyed without question or exception as generally they are in Switzerland and Germany? Or are they merely ideals meant to be honored in the abstract but not feasible in many situations, as I was told by my law professor in Bogotá, Colombia?


Exempt status people: In countries with rigid social hierarchies and great differences in economic status, members of the elite class assume they have privileges and prerogatives that others don’t. Therefore, they feel exempt from the rules and standards that apply to other people — and accepting this behavior is common in the Philippines, India and Latin America.


Public service norms: The main purpose of the bloated government bureaucracies in some countries is to provide jobs — mostly very low-paid ones. The bureaucrats, in turn, aren’t required to be very productive. Therefore, receiving gratuities for doing a task with extra speed or efficiency is considered appropriate. Such payoffs are so common in India that a local newspaper recently published a “bribe index” cataloging the cost of various government services.


Gifts and bribes: In Asia, gift giving has been used for thousands of years as a means of gaining access to, and favorable consideration from, important business associates and government officials. These gifts aren’t viewed as bribes unless they’re paid in cash — a lot of it — to the recipient for doing something blatantly illegal or immoral. Transparency International, a German consulting group, publishes an annual “Corruption Index” of 45 countries based on surveys of business travelers. Nigeria, Pakistan, Kenya, Bangladesh and China were rated the five most corrupt business environments in 1996.


Confidentiality and group identity: In Japan and other countries where group bonds exist, people function as parts of an entity rather than as autonomous individuals. Confidentiality and shared information are essential within the group. The outsider’s right to confidentiality is valued less than group loyalty.


Office gender-roles: Touching between male and female employees isn’t seen as sexual harassment in Latin America. Slightly flirtatious behavior and somewhat provocative dress for women aren’t considered out of place in many business environments. Rules to the contrary would seem unnecessarily prudish and stifling.


The preceding are only a few of the cultural factors that complicate a corporation’s attempt to create a global ethics standard. Nevertheless, the global HR executive must be ready to meet the challenge.


Global Workforce, January 1997, Vol. 2, No. 1, pp. 29-30.

Posted on January 1, 1997July 10, 2018

Optimas® Winners Toast HR’s Triumphs

Ever think about what you enjoy most about your job? Maybe it’s something you don’t give much thought to — until someone outside of work asks you what you do. Then you share a project or two you’ve been working on lately — and just the way Thanksgiving reminds us to count our blessings, you’re reminded why you chose human resources.


If it’s been awhile since you indulged in a little career-focused validation, you’ve come to the right place. Who better to serve up testimonials to the joy of being an HR professional than the senior-level practitioners at Optimas Award-winning companies? So, as we pause this month to celebrate the progress of our profession, take a few minutes to consider what your experience in HR has meant to you. And read what it means to the HR folks responsible for some of the most exemplary practices of our time.


 


Evelyne Steward
Senior Vice President of HR
Calvert Group
Bethesda, Md.
Quality of Life 1995
“I’m honored to be a member of the human resources profession, and I’m so proud to be committed to and responsible for making a significant difference in the quality of life of our employees and our community. I believe it’s through the leadership of human resources that companies are beginning to change the way they do business. Employees are an organization’s most important and unique asset. It’s our responsibility — as leaders in our field — to meet the needs of our employees at all levels. Spearheading efforts that provide opportunities to address the survival, emotional, psychological and spiritual needs of one’s life is challenging, exciting and helps me to live my life with purpose.”


 


Barbara Beck
Vice President of HR
Cisco Systems
San Jose, Calif.
Innovation 1996
“I’m most proud of the increasing recognition of the human resources component as a key element in developing and sustaining competitive advantage.


“And at the end of the day, after all of the HR programs and policies have been implemented, the greatest satisfaction for me comes from having made a significant difference to the personal satisfaction, goals and lives of our employees at an individual level and to the community we serve.”


 


Tharon Green
Director of Human Resources
City of Hampton
Hampton, Va.
General Excellence 1995
“I’m proud of being able to demonstrate that public sector HR can be at the forefront of organization transformation and workplace innovation in ways that rival even the private sector. The image of the public sector HR professional as bean-counter and bureaucrat is changing, and we must take every opportunity to push the envelope. Public sector HR professionals who are finding ways to help their organizations build capacity for fast, flexible, economical services to citizens will ultimately create a much more positive perception of the value of government. [It will also] help us attract employees who are talented and view public service as a higher calling.”


 


Michael Plunkett
Senior VP, Engineering, Technology and HR
Deere & Company
Moline, Ill.
Financial Impact 1992
“Over the past few years, I’ve enjoyed working in a position that allows me to support the vision and operating strategies of Deere & Company. Through implementation of learning and development, benefits and compensation programs, changing employee needs and interests have been balanced with practical business objectives. Today, HR is at a stage in which there’s an opportunity and a requirement to continue our role as a full-business ally with operating organizations — as opposed to the more traditional role of being tactical and administrative. I’ve been proud to participate in the HR capacity during this period of significant change within our organization.”


 


James H. Wall
National Director of HR
Deloitte & Touche LLP
Wilton, Conn.
Competitive Advantage 1996
“I maintain a deep sense of pride in our profession’s fundamental shift from one of administration and compliance to that of a true strategic business partner. Such a transformation has required each of us to literally reinvent ourselves. Although the challenges of such a transformation are significant and the path before us is unclear, we’re demonstrating our critical role in creating real and sustained competitive advantage for our organizations. My greatest personal pride is serving a firm that understands and embraces this challenge and will, as a result, realize its mission of becoming the best professional services firm in the world.”


 


Pedro Granadillo
Director of Human Resources
Eli Lilly & Company
Indianapolis
Global Outlook 1996
“To meet the expectations of our health-care customers during this time of change, we’re stretching for innovation throughout our operations. We’re keenly aware that our employees-their talent, energy and creativity — remain our only source of genuine competitive advantage. Indeed, our success depends first and foremost on our ability to achieve individual and collective excellence throughout our global organization. We must help line management ensure that we have the right people with the right skills in the right jobs, that employees’ efforts are fully aligned with our strategy, and that our processes and structures enable them to constantly improve. Consequently, the roles of human resources professionals have never been more exciting — or more critical.”


 


James A. Perkins
Senior VP of Personnel
Federal Express
Memphis, Tenn.
Competitive Advantage 1992
“Much of the emphasis in business today is placed on strategies, products, assets and numbers. But, in the final analysis, the key ingredient in any recipe for success is the same as it was 50 years ago-the performance of people. The thing that makes me most proud about working in human resources is knowing that I play a part in developing programs that allow FedEx to reach its full potential as a company while helping our employees reach their full potential as individuals. If a company is not playing win-win with its employees, employees end up playing lose-lose with their customers.


“Keeping employees satisfied is tougher than it was 10 years ago. Consumers have become much more demanding and the competitive landscape has changed as a result. But that added challenge just makes today’s HR job that much more satisfying. It’s also extremely gratifying to work on programs that support people who render a vital service to society. Whether they’re delivering medical supplies or disaster-relief items or payroll checks, people count on our employees — and they deliver. We’re all proud of that.”


 


Stephen G. Patscot
Manager of Global Organization Staffing and Leadership Development
GE Medical Systems
Milwaukee
Global Outlook 1992

“Being part of the world’s most competitive, dynamic and profitable company is a tremendous source of pride for everyone within GE. As human resources professionals, we’re proud of the fact that we’re living the vision of being the strategic business partner that everyone talks about becoming. Our visible partnership exists clearly today, beginning with the relationship between Chairman Jack Welch and Senior VP of HR Bill Conaty. Their partnership provides the enabling framework for the rest of us to contribute fully to the business equation.


“Personally, the biggest source of pride comes from knowing that the company is counting on my leadership, energy and ideas as an HR professional. I’m proud to be in a role in which I have great systemic impact on our organizational capability and competitiveness. I can create an organizational legacy as a direct result of my contributions, which is measured by how much more competitive we are as a business.”


 


Pete Peterson
Senior Vice President
of Personnel
Hewlett-Packard Co.
Palo Alto, Calif.
General Excellence 1993
“Historically, human resources has been viewed primarily as an administrative function. But over the past several years, a dramatic transformation has moved our profession into new and much more strategic roles. This major transition is described exceedingly well by University of Michigan Professor Dave Ulrich in his new book, ‘Human Resource Champions.’ Dave defines four areas of focus in his well-known model for HR management: strategic human resources, transformation and change, infrastructure and employee contribution. By achieving excellence in all four, human resources can truly provide a competitive advantage to an organization. Being a human resources professional during this dramatic time of change is both challenging and rewarding. Human resources can make a difference.”


 


Jerry Ramsdale
Senior VP and Director
of Human Resources
Hotel del Coronado
Coronado, Calif.
Innovation 1995
“I’m most proud of having an influential role in deciding how a company should be managed and then following through to make it happen. Of course, this is something that human resources can’t do directly — it must be facilitated through a visionary CEO. The president of my company has led a century-old organization, steeped in traditional systems of management, into state-of-the-art processes. The role of human resources has been key in this transformation.”


 


Sharon Richards
Intercultural Training
Program Manager
Intel Corp., Business
Practices Network
Santa Clara, Calif.
Partnership 1995

“Working in human resources provides the opportunity to contribute to achieving corporate results-not through products but through people. The effect of world competition and globalization is impacting employees, customers and suppliers on a daily basis as they strive to work together across borders, boundaries, time and space.


“As an interculturist, I take pride in working in human resources at this particular time because there are unique opportunities to link intercultural communication skills (involving people) with high-technology tools (products) to create new ways of doing business in today’s burgeoning global economy.


“Being able to bring worldwide work teams together to succeed in their global business endeavors is professionally challenging. And to have the privilege of working with people from countries and cultures throughout the world is personally rewarding.”


 


Bob Peixotto
VP, Total Quality & Human Resources
L.L. Bean Inc.
Freeport, Maine
Managing Change 1994

“Ultimately, our businesses need to be increasingly productive — and great places to work. In our profession we stand for respect for all people and fairness. We champion social responsibility and enable learning. We collaborate across our businesses to create and maintain motivating and healthy work environments. And we are catalysts for human and organizational development.


“We do all these things in an effort to drive peak performance both individually and collectively. This work is challenging. It’s consistent with my personal values, and it’s good for our people, our business and society. I’m proud of that!”


 


Donna Klein
Director of Work & Family Life
Marriott Corp.
Washington, D.C.
Quality of Life 1991
“My initial response to the question, ‘Why am I proud to be in human resources?’ was a Dave Letterman Top-ten list beginning with: ‘You meet the nicest people in airports!’ But in fact, my Top Ten comes from the heart, and I hope it expresses my sincere pride in my chosen field:


“10. Just as all politics are local, all resources are ultimately ‘human.’


“9. Just as all resources are ‘human,’ all work is honorable, because it supports families-the corporate family, the family of communities in which we do business and the individual family unit.


“8. Since the family is the seedbed of society, the future will depend on how work obligations intersect with family obligations-and that’s what my job is all about.


“7. At Marriott, we measure success in human terms, one family at a time.


“6. When it comes to human resources challenges and rewards, I feel we’re on the cutting edge.


“5. Marriott’s workforce, incorporating some 20 cultures and more than 100 languages, is a microcosm of the global village in which diversity and work/ life issues overlap and complement each other.


“4. Marriott recognizes that our employees’ personal lives often affect productivity, so we view work/life concerns as a bottom-line issue.


“3. Marriott is breaking new ground as a family-friendly place for all employees and meeting the challenging needs of our hourly workforce, which constitutes more that 75 percent of our entire employee population.


“2. From modest beginnings, our work/life efforts are experiencing success in serving the workforce of today and are positioned for the workforce of the future.


“1. I’m proud that Marriott is pioneering Corporate America’s efforts to reframe the context in which the work and the greater community coexist.”


 


Dick Lidstad
Vice President of HR
3M
St. Paul, Minn.
Vision 1995
“Ten years ago, I moved from a line position into human resources. I based the decision in part on wanting to be in a position to influence the kind of a company we are. The most satisfying part of my job is the almost daily opportunity to reinforce our 3M values and HR Principles. I’m totally convinced that the most precious asset we have is the commitment of our people and that asset needs to be nurtured and protected. I feel very fortunate to be positioned to play a major role in that process.”


 


R. Timothy Epps
Vice President
of People Systems
Saturn Corp.
Spring Hill, Tenn.
Managing Change 1991
“I can’t help but feel high enthusiasm for our profession as the century turns. Since organizations increasingly have access to the same financial capitalization options and inroads to the global market, how these organizations enhance their human assets — their intellectual capital — will be the most telling determinant of greatest success. The best strategy for optimization of a highly diverse workforce and the best implemented, wins!


“Of course, this success strategy is vulnerable to human failure and not without complexity. I believe this puts the human resources professional at the ‘big table’ — representing one of the key components of organizational mission achievement. The challenges will be as different as the successive issues of Workforce will be into the next century. Congratulations on 75 years of proud service to our profession.”


 


Bonnie C. Hathcock
VP of Human Resources
Siemens Business Communication Systems Inc.
Santa Clara, Calif.
Managing Change 1996
“Having entered the profession of human resources six years ago after a career in sales and marketing, I am proud to say human resources is the place to be in the 21st century corporation. Our role is bold leadership in the optimization of human capital through competency renewal and cultural management. We do this from the front lines, not the sidelines — as a leader, not a tourist.


“Companies need organizational capability that’s competitively unique to surpass the competition. Organizational capability comes through tuned-in, turned-on people who have the skills to handle increasingly complex roles and who function in cultures that are appealing, rewarding and inspiring. This, in essence, is the 21st century human resources agenda and human resources is the driver.”


 


Chuck Nielson
Vice President, Human Resources
Texas Instruments Inc.
Dallas
Service 1992

“Those of us in HR have the opportunity to leverage organizations greater than any other discipline. The only nonduplicatable resource an organization has is its people. For those of us in the private sector in which our ability to compete equals our ability to survive, the key to sustained competitive advantage correlates with the performance of each person. You and I as HR folks can lead in this endeavor.”


 


Lynne Hellmer
Director of the Office of Human Resources Development
University of Illinois at
Urbana-Champaign
Champaign, Ill.
Service 1996
“Being able to make a real difference for people and for the organization I work in is important to me. As a professional in human resources development, I can do both. My mission is to make available learning opportunities designed to improve individual employee performance and foster leadership skills. By giving my associates the tools for personal and professional growth, I feel I’m providing them with the opportunity to realize their full potential, not just as employees but as human beings. And when they take advantage of these opportunities on an individual basis, the trickle-down effects of improved productivity and greater overall job satisfaction benefit the organization as a whole. We all know that satisfied employees are the heart of every successful organization. I’m proud to be working in a role that affords me the opportunity to help keep that heart healthy and strong.”


 


E.R. (Ed) Dunn
Corporate Vice President of HR
Whirlpool Corp.
Benton Harbor, Mich.
Global Outlook 1991
“From a purely functional perspective, these are arguably the most interesting and stimulating times to be in the profession. Each element of the traditional HR portfolio is being utilized as a critical driver of performance and value creation. The skills, capabilities and sophistication of HR professionals continues to improve, and the rush of globalization is bringing a certain freshness to the field. Also, I’m pleased to observe the old ‘HR psychosis’ (e.g., ‘We’re not involved,’ etc.) finally being replaced with a new mindset of aggressive, provocative ideas about how HR practices contribute to competitive advantage — vs. contributing to employee satisfaction. I’m proud to see our general managers leveraging HR systems to contribute to our global growth and integration.”

Workforce, January 1997, Vol. 76, No. 1, pp. 129-135.

Posted on January 1, 1997July 10, 2018

The Personal Side of Global HR

There’s no magic formula. No tried-and-true methods. No body of knowledge on which to build a successful international human resources career. Global HR is a field that’s still in its infancy. However, there are a few HR professionals who not only have taken those first few precarious baby steps into global HR toddlerhood, but also have carefully maneuvered their way into international HR adulthood — and are running with it.


These global HR mentors serve as models of the solid job competencies that HR professionals must possess to get ahead. They also serve as nearly the only source of information on how to blend career aspirations for a successful international HR career with the even less-often talked about facet of global HR: How a global HR career impacts your personal life and what characteristics you need to get to the top. Here are some tips from those who’ve been there — and done that.


An enhanced service mentality.
An international HR career is similar in some ways to domestic HR. But there are many ways in which it differs. Topping the list is how a global HR job can affect one’s personal life. “There certainly is a different personal impact since you’re working with 15-hour time differences sometimes,” says Elaine Patterson, manager of international HR for Unocal Corp.’s subsidiary in Brea, California. Patterson manages eight full-time people in the firm’s international HR department.


Patterson says that although most overseas personnel whom her department serves (more than 100) simply can send an e-mail to ask the HR staff questions, sometimes Unocal employees abroad may need global HR professionals even when they’re technically off duty. And that can mean having to wear a beeper or even allowing expats to call HR staff at home. Because of time differences, an international HR professional’s personal privacy and time sometimes may have to play second fiddle to his or her job of tending to the needs of workers in other time zones.


Patterson says this demands an enhanced service mentality of global HR professionals at her firm. If a company’s U.S.-based HR representatives are serving expatriates who are several time zones and thousands of miles away, they may have to be more patient and respond with more immediacy than the average U.S. HR person does. As Patterson points out, when you’re servicing expats who are 10,000 miles away, they aren’t always sure you’re getting their letters and responding to their concerns. And they can’t pop into your office with questions.


Different levels of commitment.
There are many types of global HR jobs — both domestic and international assignments — and each requires different levels of professional and personal commitment. For example, if you’re a global HR manager based in the United States, you may spend as much as 10 percent to 50 percent of your time traveling abroad. And those trips may last a few days to several weeks, depending on how many sites you’re managing and how critical the needs are at the sites you’re visiting.


John de Leon, regional director of international HR for Los Angeles-based Deloitte & Touche LLP’s international assignment services group, says that because many global professionals may spend so much of their time traveling, issues of personal security and lengthy absences from one’s family can heighten the job’s responsibilities. Deloitte & Touche is a Big Six accounting firm that also specializes in international HR consulting services. “And just the simple wear and tear on one’s body given the number of time zones that one crosses makes it tough,” de Leon adds. “You get there. You get off the plane. You get six hours of sleep and you have to go to work the next morning and be sharp.”


Although the domestic U.S. HR manager who manages global HR issues for workers in other countries is challenged, the job is perhaps not quite as challenging personally as the overseas HR assignment is. “I think one of the more challenging and interesting jobs in the international world of HR is your regional HR director’s,” says de Leon. Why does he think so? Because it’s a job in which you actually get to live and work in an international setting.


And it’s just as challenging as, if not more than, the domestic HR job because the time spent traveling may not diminish if you’re a regional HR manager abroad with responsibility for managing several sites in neighboring countries. De Leon says regional HR managers abroad still travel as much as 50 percent of the time. It’s definitely not a job for the person with the nine-to-five mentality.


An HR expat tour of duty.
Although international HR has its downsides, an international HR career may provide professionals with a unique chance to serve on their own expat tour of duty. In fact, it’s preferable that you have an international assignment abroad if you want to reach the top of the international HR career ladder, say many experienced global HR professionals.


For example, before John A. Misa joined MasterCard International Inc. in January 1995, he had spent more than 20 years at IBM Corp. — of which four were spent in HR in Hong Kong. “As I look back over my international HR career, it was extremely important for me to have sought out and to have had that opportunity,” says Misa, who’s now vice president of international HR for MasterCard based in Purchase, New York. He says his experience abroad has given him an understanding of the complexities of the global HR job that he otherwise wouldn’t have had if he had just stayed in the States.


“And, as it turned out, it was the fastest growing part of the IBM business, so I stayed on because there were many challenges, and we were growing so rapidly,” adds Misa. This points to another area of global HR that makes it uniquely interesting. The global growth of business may be exciting, but it requires extreme flexibility in one’s personal commitment, because you may be required to move from one assignment to another quickly and to manage multiple tasks and roles. Yet for Misa, it was his chance to learn a tremendous amount — both about HR and about business — in a relatively short time.


Global HR can be both professionally and personally challenging. And it also can be quite rewarding. As with any other profession, you generally get out of it what you put into it. And while an international HR career can take its toll, it also can be a specialty that gives you a window to the world like no other.

Global Workforce, January 1997, Vol. 2, No. 1, p. 14.

Posted on January 1, 1997July 10, 2018

Getting Started in Mexico

The folks in marketing worked all weekend to finish the new presentation pieces for the trip. Tom, your sales rep, spent last week in an intensive-study Spanish course to learn some useful phrases. And just before he left for the airport you handed him some currency, a map, a restaurant guide and a book on Mexican culture to study on the plane.


Hours later, you’re feeling a little smug about how well-prepared Tom is going to be for his sales calls in Mexico City. Then you receive a frantic call from him: “I don’t think this is going to work!” he says. “This book you gave me says I need to have a local contact down here in Mexico who helps me arrange who I meet with ahead of time — not to mention the fact that it’s customary to bring a senior-level exec when doing business down here. I don’t think the Mexicans are going to take me seriously.”


The average international business trip is going to run several thousand dollars, and you certainly don’t want cross-cultural misunderstandings to threaten its success. And no matter where you’re sending employees, gaining a general awareness of the culture — well ahead of time — is a key element of a profitable trip.

A proper introduction.
The best way to get off on the right foot in Mexico is to establish a relationship with a local representative. This is going to take a little time and research, but it’ll be well worth the effort.


What your company needs is a persona bien colocada, or someone in Mexico who’s well-connected with many people in the industry. “This person is going to figure out who are the right people for you to meet before you ever get there. So when you step off that plane, you’ve already got appointments set up,” says Terri Morrison, president of Getting Through Customs based in Newtown Square, Pennsylvania and co-author of the newly released book “Kiss, Bow or Shake Hands.”


You shouldn’t be sending anyone to do cold-calling in Mexico. “You don’t go waltzing around like you do in the United States saying, ‘Here’s the greatest technology. Here’s the best price,’” Morrison continues. “People in Mexico do business with somebody they know, they like or they’re related to.”


So if Mexico is uncharted territory for your company, how do you find a representative? Start off by talking to some of your business partners. If you work with a Big Six accounting firm, it’s sure to have a few names to pass along. Then try your banker and your attorney. Next, call the Department of Commerce and ask for a U.S. foreign commercial service person in the International Trade Administration. Ask this person for more names of people to contact in Mexico.


“Before you go there, you’ve already figured out maybe 15 people you can interview to be your representative,” Morrison explains. And your company could narrow it down to just one or two candidates through phone calls. Once you’ve established who your foreign representative is going to be, your salespeople should work with this person to set up the initial meetings.Mexican communication styles.
So now that you have your foot in the door, make sure you know a few key characteristics of Mexican communication, so you won’t distract your Mexican colleagues with unintentional infractions against the unofficial code of conduct.


One simple rule to keep in mind is that it’s considered impolite to make extended eye contact. “You yield eye contact to the person talking. The listener mainly looks away,” Morrison says. “You avoid intense constant eye contact because it could be interpreted as aggression — or, if it’s a woman and a man, as an invitation.”


Another tricky habit to watch: You shouldn’t say “America” or call the people of our country “Americans” when talking with Mexicans. As Morrison explains, they’re Americans too. As part of NAFTA (the North American Free Trade Agreement), Mexico is considered a North American country. “As a matter of fact,” Morrison says, “when you go to Mexico don’t say, ‘Well, in the United States we. . .,’ because they’re in the United States, too. Their [country’s] name is the United States of Mexico.” We should refer to our country as the United States of America, or the U.S.A.


As a general rule, be careful of comparing Latin American countries to each other. Historically, there have been many wars between nations, and if you’re not careful, you could end up praising a country that was responsible for the death of your colleague’s grandparents, for example. A couple of other communication pointers: Mexicans stand closer together when speaking, and they expect to spend a good deal of time getting to know each other personally before getting down to business. Mexicans are keenly aware of their upbringing and ancestry, so good topics of conversation include your observations from a visit to an Aztec museum or a description of the place you’re from, establishing your roots.


Nepotism is a good thing.
A Mexican’s first priority is likely to be his or her family. And since employers view it as an obligation that they take care of the people who work for them, it’s not surprising that nepotism is a natural part of the working world in Mexico. It’s common to find companies with several family members on the payroll.


Remembering this, if your sales rep is asked to meet with someone seemingly irrelevant, or an unidentified person joins him or her in a meeting, your coworker should treat this individual as though he or she may be the decision-maker. It could be the person is the patriarch of the family. This also is true in many Asian nations.


“Actually, the United States is rather unusual in its strict practices against hiring relatives,” Morrison explains. Instead of viewing the arrangement as a conflict of interest, Mexicans view the employment of family members as a factor in motivation. Mexicans place a high value on being part of a group, and when you couple that with their value of family it makes sense that they’re going to work hard to make their family look good.


In general, establishing business relationships in Mexico is something your company will need to do gradually — probably not in one trip. And understanding this makes all the difference between feeling frustrated and enjoying the Mexican way of doing business.

Global Workforce, January 1997, Vol. 2, No. 1, pp. 16-17

Posted on January 1, 1997July 10, 2018

NASA HR is Everywhere

In 1915, when aviation was still in its infancy, Congress created an organization that would supervise the scientific study of flight. That organization evolved into NASA four decades later when Congress formed a civilian agency to continue the work. Today, virtually every aircraft in use utilizes technology pioneered by NASA. And new industries have been built on the technology that made space exploration possible, including personal computers, advanced medical equipment and communications satellites.

How did you end up with this particular job in this industry?
I’ve worked in some aspect of HR at NASA since I came here in 1979. I got into government work initially on a tip from an employment counselor who told me the government hires college graduates who take a civil service exam.

What is your background?
I graduated from the University of Michigan in 1970 with a bachelor’s degree in zoology. Then I got out of the army in 1971 and began working for what’s now called the office of personnel management. It’s the federal government’s central personnel office.

What are the biggest challenges of your industry?
Working in a government agency is perhaps different than the business world because we have a set of customers that’s pretty varied. We have the higher level management, plus Congress. Congress asks questions about the agency’s workforce, about the budget and so forth. And then we’ve got the administration which has two outside entities-the office of management and budget, and the office of personnel management — both of which we have to answer to in one way or another.

What challenges do you feel are universal for HR?
Finding automated systems to both help us with our jobs and help the managers with their jobs.

How is HR viewed at your organization?
The NASA HR function is playing a key role in managing our workforce restructuring. The top HR official at NASA (the associate administrator for HR and education) is at the table when strategic decisions are made. This includes serving as a member of the NASA Senior Management Council that develops the strategic plan and advises the administrator and as a member of the new Capital Investment Council which addresses, long-term investments in agency capabilities and infrastructure.

What about your job and/or your organization makes you most proud?
I’m proud of the agency I work for and the work it does. We have a mission that’s unique and everybody who works for NASA feels proud of that and part of the team. So when there’s a shuttle up in orbit, somehow you know that you did something — even if it’s two times or three times removed — that allowed that to happen. I’m also pleased about the quality of people here. And I guess to some extent, the HR function has to take some credit for that.

What is “special” about HR at NASA?
We get thousands of job applications and what we have are hundreds of openings. We’re blessed with choices because there’s a lot of interest in working for NASA.

Workforce, January 1997, Vol. 76, No. 1, p. 93.

Posted on January 1, 1997July 10, 2018

FBI HR is Everywhere

It is the mission of the FBI to uphold the law through the investigation of violations of federal criminal law; to protect the United States from foreign intelligence and terrorist activities; to provide leadership and law enforcement assistance to federal, state, local and international agencies; and to perform these responsibilities in a manner that is responsive to the needs of the public and is faithful to the Constitution of the United States.

How did you end up with this particular job in this industry?
I’ve been with the FBI since 1972. This is my ninth assignment. The agency needed someone with operational experience who had directed investigations to oversee the personnel functions. Everything we do in the FBI is designed to support investigations. I bring that perspective to the personnel process.

What is your background?
I have a bachelor’s degree in history and a juris doctorate degree. I served in the U.S. Air Force from 1958 to 1963. I worked for both IBM and Honeywell Information Systems before joining the FBI. Since being with the FBI, I’ve been a special agent in charge of an organized crime drug squad, an inspector and legal counsel, among other things. I’ve been in HR just over 2 1/2 years.

What are the biggest challenges of your industry?
Our jurisdiction is expanding based on the crime problems of our society. Ten years ago, for example, we weren’t dealing with World Trade Center bombings or bombings of federal buildings. We have to be responsive to that kind of crime problem, and we structure our whole system to be able to address that in a very responsible way. We’re under constrained resources so we have to be innovative and we have to be aggressive.

What challenges do you feel are universal for HR?
Getting more done with less. We’re downsizing and reengineering just like the private sector is. So like Corporate America, we’re always trying to find the most effective way to do business, to hire the right people, to assign them to the right places, to train them the best we can to make them more effective in discharging their responsibilities.

How is HR viewed at your organization?
Functionally, we’re viewed as an integral part of achieving the overall mission. If we’re solving a major case or developing a major project, we put our problem-solving hats on and are viewed as a vital part of the process of finding a solution.

What about your job and/or your organization makes you most proud?
Addressing a difficult problem and being able to resolve it in a successful way — whether it’s hiring a certain number of people in a certain amount of time or changing a performance system to more accurately measure and reflect and compensate our employees for the jobs they do. Those kinds of challenges keep me going.

What is “special” about HR at the FBI?
Federal personnel law is regulated by statute. If we’re going to hire someone with this job skill they have to be paid X amount of dollars. If we’re going to rate somebody on a performance system, these are the principles we must employ, and so on. So we have less flexibility than the private sector.

Workforce, January 1997, Vol. 76, No. 1, p. 90.

Posted on January 1, 1997July 10, 2018

Universal Studios HR is Everywhere

For more than 30 years, Universal Studios Hollywood has been giving guided tours on its 415-acre back lot. As many as 35,000 people tour a day. Besides the back-lot tour, attractions include shows, amusement park-style rides, and numerous shops and restaurants.

How did you end up with this particular job in this industry?
I came into this industry by chance, due to fortuitous networking. I was happily pursuing my career with PepsiCo when an associate informed me of an opportunity at Universal Studios Hollywood. Intrigued, I followed up and was overtaken by the opportunity before me to create a world-class human resources function within an industry that crossed amusement, entertainment and tourism boundaries.

What is your background?
I worked for five years for PepsiCo’s Pizza Hut restaurants. Before this, I was almost completely a labor-relations professional and joined the “HR” side of the business when I became the employment manager at a large retail chain.

What are the biggest challenges of your industry?
Meeting the demands of an increasingly sophisticated and diverse consumer, as well as distinguishing the attraction from others.

What challenges do you feel are universal for HR?
To build the team, management and line so as to have the talent and capability to meet and surpass marketplace challenges. To select, develop and retain the talent who can woo the customer in a profitable fashion.

How is HR viewed at your organization?
Just a couple of years ago, the HR department here was called “Personnel and Labor Relations.” As the title indicates, the function was viewed as reactive and slow to meet the organization’s changing needs. Today, HR is seen as a guiding light in the company’s forward movement. It sits at the table and is involved in all essential business strategic thinking; it has become, within a couple of years, the absolute strategic business partner.

What about your job and/or your organization makes you most proud?
I am proud of the management team we have built at Universal Studios Hollywood; its members are passionate about the business and its guests. This is a team that will have the capacity to drive our industry into the millennium. I am equally proud of the commitment and guest service ethic of our front-line employees; they love their guests and it shows.

What is “special” about HR at Universal?
To operate the park’s busiest summer ever (1996), 3,500 line employees were hired within 60 days at an 8:1 interview/hire ratio. Considering the complexities of hiring top employees in a competitive urban area, I challenge any organization to top this! Finally, with strong employee-incentive programs working for us, the employees not only stayed through hot days with more than 45,000 guests in the park but asked to stay on in the fall.

Workforce, January 1997, Vol. 76, No. 1, p. 86.

Posted on December 1, 1996July 10, 2018

When the Recruiters Come Calling

Wall Street’s top performers are being lured away by global companies, both one at a time and in groups.


“These raids are no longer isolated instances. They amount to a legitimate trend,” says Joan Zimmerman, a partner in the executive search firm G.Z. Stephens Inc. based in New York City. She explains that before firms employ defense tactics, they need to evaluate whether the individual or the team is critical to the business. If the employees are key players, the next question is how far should the company go in trying to retain them?


G.Z. Stephens states three common strategies have emerged as those most effective in combating the recruitment frenzy. These strategies apply outside the confines of Wall Street.


  1. Counteroffer.
    Offer equal or more money. Of course, management needs to watch how these inflated compensation levels impact the bottom line. This tactic also may throw compensation scales out of balance. And counteroffers can become a dangerous precedent, creating the expectation that they’re standard practice.
  2. Environment.
    Management can make environmental changes, ranging from reshuffling departments and responsibilities, to bigger offices and new and better resources.
  3. Praise.
    U.S. firms should be laying it on thick, generously doling out the praise and encouraging team spirit and corporate loyalty. U.S. investment banks are giving their most sought-after stars promotions, greater responsibilities and more credit for company wins.

Over time employees become invested in a company. They establish a comfort level, build some interpersonal relationships and even acquire an unrecognized reliance on office infrastructure and industry or product/service knowledge. Between this and a well-planned reaction to the efforts of recruiters, there’s a better chance of holding on to your employees. “Chances are,” says Zimmerman, “if the stars weren’t looking for employment elsewhere to begin with, then they may not want to leave and can be urged to stay.”


Personnel Journal, December 1996, Vol. 75, No. 12, p. 23-26.


Posted on December 1, 1996July 10, 2018

Loafing Employees. Can You Tell Should You Care

Suppose you received the preceding memo or one that’s similar. You’d have every right to tear out your hair. Your ideas were well-researched. They’d ensure your company’s competitive edge. But some of your colleagues and executives just don’t get it. Is the situation hopeless? Not really. They’re rightfully concerned about worker productivity at a time when everyone’s trying to do more with less. Admit it, even you have noticed more time-wasting activities. And it is getting harder to know what’s acceptable behavior and what’s not. Clearly, snoozing on the job is way out of line. But today, who’s to say why a meter maid takes longer to get from one stop to another? Or whether the sales rep has to chat about football for 30 minutes to get that stubborn client’s signature on the dotted line. Say one of your finance analysts checks stock quotes on the Playboy Web site. Would you trust he’d sign off before clicking onto the next site?


If you think the line between loafing and working is getting fuzzier, it is. Many HR executives are expressing similar frustration, apprehension and ambivalence in managing all forms of loafing in today’s changing workplace. (And, God forbid, we’re not even inferring HR is among these schlepping culprits.) On the one hand, management says employees need to take more responsibility for their jobs and their careers. On the other hand, employees expect employers to allow more flexibility in return for blind faith. Since the ink on the new social contract is still wet, it’s no wonder some workers are running amok. Or at least that’s what you and others perceive.


By facing an age-old phenomenon in a new set of circumstances, HR can readjust its managerial mindset, establish fair guidelines and untether itself from the fear of employees wasting more company time, resources and profit. In other words, you can squeeze more productivity out of your workers—but you also have to find new ways of measuring the work processes. Some activities are clearly an abuse of company policy. But some may appear to be loafing when, in fact, they’re not. HR managers need to learn how to tell the difference and unearth the causes of real loafing. Otherwise, your distrust and imagination may undermine the new work ethic you fought so hard to instill.


Is time-wasting an increasing phenomenon?
One cause can be situational. HR managers today are reexamining the ways they measure productivity. Loafing or time-wasting is beginning to take new forms. “It’s an interesting word. Loafing implies the deliberate time theft from the company,” says Nancy Probst, director of human resources at North Broward Medical Center in Pompano Beach, Florida. “I think loafing is happening, but I don’t know how deliberate it is or how much of it is a byproduct of poorly managed change. For most people, it’s not deliberate. The activities are symptoms of fear, depression and malaise.” Indeed, whether loafing activities are a result of downsizing, stress, boredom, flex-work options or extra time required to learn new technology and skills, HR managers are taking notice.


According to a recent Personnel Journal survey, 63 percent of HR executives who responded say they see or hear reports that employees are spending more time surfing the Net or engaging in some other diversionary activity. The same percentage also has spoken to employees about loafing on the job. And yet, 71 percent admit they haven’t taken any measures to further identify and curb the problem. The cost of ignoring this phenomenon can be enormous. For example, if 1,000 employees in a large company wasted 1 1/2 hours per day, it would cost an employer 1,500 hours per day or $30,000 at $20 an hour.


Given those projections, HR has a few choices: Unleash a witch hunt and threaten an immediate crackdown or step back and benchmark those who are grappling with these issues—from all sides of the broad spectrum. For example, the city of Denver and Oklahoma City survived the embarrassment of local TV exposés of their loafers and followed through by warning and disciplining their public employees—including a few supervisors in the Denver case. Irvine, California-based Western Digital Corp. and Houston-based Compaq Computer Corp. allow Internet access to thousands of their employees and, therefore, established effective use-and-abuse policies. And the most liberal of them all—Chicago-based Playboy Enterprises Inc.—hasn’t established restrictive Internet policies at all because management doesn’t believe it’s necessary. In fact, Hef’s employees—including HR—are encouraged to cuddle up to the company’s bunny-eared Web sites in order to know their products. So, how would you draw the line—on earth and in cyberspace?


It’s not an easy question to answer. A big part of the solution depends on the reasons underlying the loafing. Very often, the reason is situational. Take North Broward Medical Center—a four-hospital, integrated health system. Its 1,000 employees are still reeling from the shock of a radical restructuring over the last two years. The changes included four RIFs (reductions in force) totaling approximately 240 employees, the departure of a dynamic CEO and the farewell of an interim leader whose initiative toward decentralization was reversed by the successor. “Morale went down,” says Probst. HR personnel, she adds, were actively involved in managing the first RIF. They briefed managers. They sent employee bulletins around the clock. By the second set of layoffs, however, some of those same HR professionals were let go themselves. Now, HR participates minimally, except in preparing severance packages and notifying those who are reduced from the force. Is Probst bitter? Somewhat. But her candor only underscores her concern. “The impact on both our managers and employees has been tremendous,” she says. “We’ve done a very poor job of managing change.”


You can squeeze more productivity out of your workers — but you also have to find new ways of measuring work processes.


Hospital employees are fearful of their jobs, yet they’re trying to give the impression they’re working as hard as usual. But Probst knows they’re not. In some cases, they can’t even bluff. “The old perception says ‘If I work off my rear end, they’re certainly not going to target me during the next RIF.’ But today, that’s not true [and they know it].” She recalls one manager who was known as one of the company’s biggest go-getters. She was innovative, active in the local community and marketed her program extensively among her outside clients. Her colleagues never would’ve expected she’d be fazed by the changes. After the series of RIFs, the manager confessed to Probst: “I don’t know what’s wrong with me. I spent the last three weeks sitting in my office, looking at the walls. I can’t work. I can’t think. I feel numb, like I’m paralyzed.”


In cases such as these, HR must be aware that some forms of time-wasting are related to the in-security employees feel about their future. Probst often thinks about what she learned at a seminar led by author and management consultant Michael Hammer. “Change creates bad feelings. Bad feelings end up creating bad behavior.” HR professionals need to be more empathetic leaders, rather than cold-hearted managers, she says. EAPs are certainly there to help.


Phillip Morgan, CEO of Houston-based EPC International, is equally concerned: “The problem we have in our corporation is that stress isn’t recognized as the driver of so many behaviors. One of our biggest concerns is that [managers] don’t know what identifying stress would look like. And the amount of change that people are going through is creating conditions that could lead to loafing.”


False entitlements can lead to loafing.
Some employees, however, don’t deserve a tear of sympathy. Unlike the manager at North Broward Medical Center, some loafers believe they have a right to steal time. HR managers would be foolish not to pay them equal attention. The more human resources professionals can understand the causes of various behaviors, the easier it will be to motivate and retrain wayward employees, and correct the work situation.


Jon Weinstein, CEO and president of APEX Plastic Industries Inc. in Hauppauge, New York, describes the false-entitlement attitude as one in which the employee has no sense of accountability: “There’s a mindset that simply believes that work is how the worker defines the labor, its importance, its time and value—and that these judgments aren’t to be made by management.” Strutting their false sense of confidence—or is it denial?—people with this mindset believe:


  • “They won’t fire me —it costs them hundreds of dollars to advertise for replacements.
  • “They can’t lose me —it’ll cost them thousands to train someone else, and they’ll lose productivity.
  • “They can’t remove me—I know too much.
  • “They won’t mess with me—I’ll sue ’em for sexual harassment, age discrimination or some other civil-rights violations and breach of contract.”

In this scenario, these cocky time-wasters could be the ones taking longer lunches, spreading negativity among co-workers or slowing down the workflow—just out of spite.


But wait a second before you scream, “Terminate!” There’s a difference between those who deserve to be disciplined or fired and those who feel entitlements for other reasons, such as lack of respect. “I started loafing when I knew I was going to quit my job,” admits one marketing representative. “My company’s [managers] didn’t really care about us as individuals. So I thought, ‘If they don’t care about me, I don’t care about them.’ But before, I never loafed —not a second.”


So chances are, there are more than one of these entitlement-types lurking around in your corporate den. Besides the obvious appreciation that managers should bestow on their employees, Weinstein advises looking at the company’s culture first. “I think the answer in dealing with these shirkers is to develop team activist leaders in your organization,” he says. “Supervise the employees consistently with interest, so that your interest in their work is not merely to get involved when they louse up.”


Out-of-sight employees force the issue of trust.
Perhaps you’ve recently granted telecommuting privileges to some employees. Certainly as managers demand more productivity—and measure performance by results—employees are in turn demanding more flexible work options. By the year 2000, the number of at-home workers is expected to reach at least 11 million, according to IDC/LINK, a New York City-based market research firm in the electronics services industry. Out of sight, but not out of mind, these employees still manage to tickle the imagination of their superiors: “I wonder if he’s really working? Why isn’t she answering the phone? I bet he’s taking a nap.” One employee was shocked when his supervisor appeared on the doorstep, and he greeted the supervisor in his pajamas. The supervisor said he just wanted to “check in,” but he sat on the couch until the employee completed his assignment. You don’t have to be that uptight, but the example certainly illustrates the unsettling nature of managing those whom you can’t see hour by hour. Indeed, in the same Personnel Journal survey, we asked: “Do you think telecommuters loaf more than those who work onsite?” Fifty-four percent said no; 46 percent said yes.


Most telecommuters and home-office workers, however, will tell you that working offsite has its perks (you can read on the patio; you can take breaks whenever you want). But your days are longer and your output is greater—simply because telecommuters usually are self-starters and independent to begin with. Just the thought of their managers and peers suspecting them of loafing is enough to trigger their unnecessary guilt. Remember, if an employee didn’t already have a keener work ethic and higher level of accountability to begin with, chances are you, as managers, wouldn’t have granted him or her the privilege of working offsite. Some companies, therefore, allow periodic telecommuting, but still require their employees to be in the office at least three days a week. Other recommended practices include establishing home-office requirements (such as designating a specific space for work); holding regular meetings, communicating by phone, e-mail and fax; and providing your telecommuters with the necessary support and tools to do their jobs.


A related HR concern, however, is the telecommuter’s office-bound co-workers —those who are jealous and feel a sense of inequality. When one employee returned to work to check the mail and attend a staff meeting, his co-workers made snide remarks such as, “Oh, I see you decided to come to work today.” Or when Brian C. Kennedy, regional sales manager for Schlumberger Smart Cards & Systems leaves the office where he leases space in Irvine, California, others tease him. “There’s a perception we have the [good] life because we get on airplanes and go out to lunch a lot. They don’t realize I miss my kids and don’t see my wife for a few days at a time.” So if managers are sensing flex-envy and are beginning to allow more employees to institute varied work options, it’s important that all employees understand why. Certainly, all jobs aren’t equal, and different jobs are more conducive to flexible arrangements. But all employees —whether in or out of the office—should ultimately be measured by their output. The key is to promote one corporate vision. By empowering each employee in his or her own function to see himself or herself as part of one vision, one team—it shouldn’t matter where each member works day to day.


Be reasonable. New technology takes time to learn.
More than any other recent phenomenon, the Internet probably has piqued your concerns about loafing. At no time does the issue of time-wasting become so blurry as when you see your employees—and HR colleagues—exploring the Internet. “It’s the watercooler of the ’90s,” says Michael Welles, president of Chicago-based EdWel & Co., a performance and training consulting firm. From a loafer’s point of view, the Internet is even better because one can actually appear busy—and really be futzing around. Whether it’s sending an e-mail to your golf buddy, searching for Bali on the World Wide Web, or subscribing to a professional newsgroup, your wired employees are just that—wired. “[The Web] is exciting. It leads you down this path—link to link. The seductiveness of it is fascinating. And before you know it, time has gone by,” says Pam Burdi, director of human resources for Western Digital Corp. (noting she surfs after hours). HR, she says, shouldn’t panic that its employees are going to lift off into cyberspace and never return to earth. Try to imagine the initial excitement that followed the invention of the telephone. If the early naysayers had it their way, we would’ve never gotten online or been able to check our savings account from our cellular phones. So expect the momentum to continue.


According to New York City-based Find/SVP Inc., approximately 9.5 million Americans signed on as Internet users in 1995. And for the current year, Internet users are expected to grow to 13.5 million by year-end. Corporations account for 46 percent of the total user population. Among all users, 85 percent use e-mail and 76 percent access the Web, Find/SVP analysts report. “Anytime there’s something new, you need to try it out to see what the boundaries are, says Burdi.” Because the Internet is relatively new, HR managers need to allow the additional time to experiment and develop their skills in this new medium. But reservations are understandable.


When Western Digital Corp. decided to provide Internet access to employees, HR weighed the pros and cons. As a global company with 10,000 employees worldwide, Western Digital knew its internal communication and customer service would benefit from the Internet. “We worked with IS [information services] to develop guidelines on access and use,” says Burdi. After benchmarking other companies, Western Digital’s HR was able to establish the company’s own needs and goals. To ensure that employees adopt the Internet as a business tool, HR rolled out a set of policies and procedures that outlined terms and definitions; applicable documents; employee responsibility; IS responsibility; and terms regarding access, security and record maintenance. Employees also received an employee-management agreement that must be signed by both parties. “Once there’s agreement about what the Internet is for, then we trust people to use it appropriately. But there are ways to monitor employees, and we’ve advised them of that through e-mail.” For example, in addition to employers establishing fair use-and-abuse policies, several software companies have created filtering devices to either block inappropriate sites or monitor where employees are surfing —and for how long.


Search for the yin and yang in policies.
Balancing trust with the need for clear guidelines requires finesse and faith. And yes, it’s hard when you know your employees are bombarded by temptation. One of the more benign Web sites is called Sara’s Network Time Wasters. By entering “time wasters” in the search fields of Yahoo or Alta Vista (two popular Web search engines), users can land on the site and select several diversionary activities, such as Cool Site of the Day; and The Keirsey Temperament Sorter.


As HR managers grapple with these gray matters, one could establish guidelines all over the map. Western Digital’s realistic approach is probably the most acceptable prototype. Another positive example is Compaq Computer Corp. “We came at it from communicating expectations,” says Ron Eller, vice president of corporate compensation and benefits. Approximately two years ago, the global company began providing Internet access to its 17,000 employees in 100 countries. HR’s view of the privilege is just that. “Sometimes employees forget that computers and the software are the company’s [property]. They feel, ‘It’s my computer.’ They forget it isn’t,” adds Nora Hahn, a Compaq spokeswoman. When some of its employees were discovered downloading sexually explicit images on their computers, Compaq had no qualms about terminating these employees. “Once that became public, that sort of usage became virtually zero in the company,” Eller says, noting that the company has the ability to know who’s doing what and where they’re doing it through special software.


To appreciate Western Digital’s and Compaq’s faith and finesse, consider two other extremes. One is the executive who worries that access to the Internet will fling the company into a sexual harassment lawsuit—thereby not even considering the tool as a benefit. The other extreme (and one might argue it’s not) is Playboy Enterprises Inc., which hasn’t instituted any Internet policy thus far. “We’re one of the biggest sites on the Information Highway,” says Denise Bindleglass, vice president of HR. “We want our employees to be aware of what we’re doing on the Net and be excited about what things we’re putting up. So we want them exposed to it.” Playboy’s Web site garners more than four million hits per day on the homepage, according to Anne Steinfeldt, a member of Playboy’s New Media department. Even with such a liberal policy, Playboy’s MIS department still retains the capability to track its employees’ overall use of the Internet. “We still have our share of guidelines and policies. We’re not so informal that it’s seat-of-the-pants management. But since [the Internet] is still new enough, we’re going to take a little longer to see how things play out,” says Bindleglass.


Discipline the abusers, but ride the frontier with confidence.
Being flexible doesn’t mean HR managers should go easy on the abusers. In the case of several public-sector employees, the pressure to discipline was even greater. It’s one thing to discover and discipline abusers out of the limelight. When it hits the TV and newspapers, the exposure is shocking enough to rattle the nuts out of a Baby Ruth®. A few such revelations are:


  • A Cincinnati Recreation Commission employee claimed other city employees were playing golf and fishing on city time (The Cincinnati Post, March 15, 1996).

  • Minneapolis transit police were found playing strip poker with a computer-generated female player who shed or restored clothes depending on who won the hand (USA Today, December 12, 1995).

  • Ten workers and six supervisors—in the wastewater management division of Denver Public Works—were notified they would be disciplined for loafing on the job and being caught on videotape by KUSA Channel 9 (Rocky Mountain News, May 1994).

  • Nineteen Oklahoma City employees were to be disciplined after an internal investigation also backed up a TV videotape of work crews loafing on the job (The Daily Oklahoman, December 7, 1994).

In spite of the public embarrassment, Rama Mallett largely is unshaken. As director of HR for Denver Public Works, she is quick to differentiate between truth and fact. “One of the big problems is perception. The percentage who loaf on the job is minimal. We have many more employees who go out of their way to do extra work,” she says. In the city’s Public Works Department, there are 1,000 employees—many of whom are assigned street maintenance, solid waste management, fleet maintenance, traffic engineering and parking management. Very often, their work is exposed to public view. Even then, some loaf. “Some of our field supervisors said their employees could loaf by taking too long to drive from one place to another, taking breaks along the routes or stopping to talk to a friend,” she explains, noting that none of these behaviors is acceptable.


When the local TV station videotaped the field crews, it aired the story to pump up its ratings, says Kendall Hogue, director of administration and human resources in the wastewater management division. “There was an ongoing perception, and our [employees] were easy prey. You can follow any given employee and catch him or her doing something that could look questionable on TV,” he says. In some cases, the employees were loafing. In other cases, what appeared to be loafing was not. After the broadcast, HR met with the TV station’s upper management and viewed the tape, but the TV station refused to give them an unedited version. That being the case, HR got it’s own edited copy and subsequently disciplined six employees and four supervisors—from letters of reprimand to one-week suspensions without pay. “Since then, we’ve made some changes to better monitor our employees in the field,” says Hogue.


So regardless of where your employees might be wasting time—on land or in cyberspace—HR managers everywhere share the same concern. How do you justify increases in productivity in a changing workplace—especially when your employees are being told that job security is a thing of the past? Discipline is appropriate for extreme abusers. But for the majority who may periodically overreact to a company downsizing, a change in work style, stress or the temptation of new technology, they need your understanding, fair judgment and strong leadership.


At Denver Public Works, HR created a schedule that established where its drivers should be at different times. It also set up teams—with two sweeping crews starting at opposite ends of the city and eventually meeting somewhere in the middle. After the City of Oklahoma failed to prove and discipline some earlier charges of loafing, HR has become more cautious in its investigations of unauthorized breaks and other time-wasting activities. The City was challenged by the local union, AFSCME (American Federation of State, County & Municipal Employees) Local 2406, which won an appeal over one set of charges and currently is in arbitration for another. “Now HR [staff members] help the departments investigate a situation so it’s done accurately, and we provide guidelines of what we do,” says Enrique Alva, personnel director for the city of Oklahoma City. “We’re more involved.”


As these examples and others illustrate, by winning over your workers to a shared company vision and by offering them skills training, incentives and rewards, you can minimize time-wasting. But don’t forget to establish guidelines. Once you provide your employees with fair HR rules, you won’t have further misgivings about Driving M. Harder.


Personnel Journal, December 1996, Vol. 75, No. 12, pp. 54-62.


Posted on December 1, 1996July 10, 2018

Angry Employees Bite Back in Court

Donna M. Dell is a woman on a mission. Armed with a juris doctorate and extensive experience in employment law, that mission is to prevent employees—or rather, former employees—from suing ABM Industries Inc., the San Francisco-based facilities services contractor where she serves as vice president and director of human resources.


Her tactics don’t include sweet-talking former employees or promising them hush money and Caribbean vacations if they agree not to sue. Instead, she works diligently to make sure her company’s management practices are downright lawyer-proof.


Far from paranoid, Dell has good reason to be concerned. Over the last several years, record numbers of workers have lost their jobs due to economic restructuring. According to the latest American Management Association (AMA) survey, approximately 7.7 percent of the workforce was affected in 1995 by layoffs conducted by 51 percent of American corporations. Out of work, scared and uncertain about the prospects of future employment, some terminated employees are lashing out at their former employers by slapping expensive lawsuits on them. Even after finding a new job, some former employees may still go after their former employers. While some of the cases have merit, many are thinly veiled attempts by vengeful employees to get even with the companies that hurt them. Moreover, with laws allowing for large damage awards, there now are plenty of plaintiffs’ attorneys willing to take these cases to court.


“Ninety percent of the 600 claims, charges and cases we have open were filed following a termination,” Dell says. “These days, the word termination is synonymous with the word lawsuit.”


What all this means is that any company involved in a downsizing, layoff, restructuring—or any other move in which employees might be terminated or mistreated—better be mindful of the way they treat those employees. Even lawsuits that employers win can cost a lot of money and damage the corporate reputation.


A survey of 450 top HR executives and in-house lawyers conducted by Jackson, Lewis, Schnitzler & Krupman, one of the nation’s leading employment law firms, confirms the increase in lawsuits. Three out of five human resources people responding to the firm’s 1995 survey said their companies are being sued by an employee, an increase of 10 percent over the last two years. “Our practice has grown by 35 percent in the past year because of the increase in litigation,” says management lawyer Martin Payson of the firm’s White Plains, New York office.


“It’s highly unusual to have a reduction in force that involves more than 50 employees that doesn’t involve at least one lawsuit,” adds Elizabeth du Fresne, a management lawyer with Steel, Hector & Davis located in Miami. All together, one out of every five lawsuits nationwide is filed by a current or former employee, making employment law one of the fastest growing areas of litigation.


Employees bent on suing their employers strike out—often successfully—at companies of all shapes and sizes. Consider these examples: A former manager of a securities brokerage firm, who alleged he was demoted because of his age and fired when he complained, was awarded $765,000 in damages by arbitrators. A female executive was awarded more than $105,000 for breach of contract after she was terminated by the drug manufacturer for which she had worked for only nine months. And a former employee who was fired from a worldwide health and beauty aid manufacturer is using four paragraphs in the company handbook as grounds for a $3.2 million wrongful termination suit. The only characteristics shared by defendants in these cases is that they fired someone.


Are all post-termination lawsuits bogus? Of course not. “Out of every 10 claims brought, I believe four are legitimate and two are in the gray area,” says du Fresne. “Four of them, however, are filed by outright opportunists—those people who are looking to make a buck.”


Robert Fitzpatrick, a Washington D.C.-based lawyer with Fitzpatrick & Verstegen who has practiced employment law on both sides of the fence for more than 28 years, agrees. “There’s always a small percentage of cases in which the person was blatantly and egregiously wronged; discriminated against on the basis of race, age, sex, disability; whatever. Those are the cases a judge and jury ought to hear. But that’s not how the system works now. It’s just everybody trying to rip off some money whenever he or she gets offended. The situation is significantly worse now than it was even two years ago.”


Mistreating employees can make your company vulnerable.
With increasing litigiousness in the country in general, it’s not surprising the biggest increase in litigation comes in the area of employment law, according to du Fresne. After all, the workplace is where people spend the majority of their time. But the increase in litigation also can be directly tied to increased layoffs.


Furthermore, many of these people lose their prime earning years, including specialized skills that don’t transfer easily to new jobs. In a climate in which the guarantee of finding other work no longer exists, the willingness to explore whether or not something unfair happened is greater because of economic necessity.


The breakdown in loyalty between employers and employees only adds fuel to the fire. “Employees are more willing to [take action] because they think they have nothing to lose,” says Joseph Ortego, senior partner with Rivkin, Radler & Kremer in Uniondale, New York. “In a sense, suing after discharge is an attempt to increase the severance package.”


Another factor contributing to the increase in lawsuits is the fact that employees have become much more educated about their rights, ironically through management training courses provided by their employers. Many companies, for example, see an increase in sexual harassment cases after conducting sexual harassment awareness courses.


Workers bent on revenge now know more than ever about the laws available to assist them. These include: Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, religion, sex and national origin; the Age Discrimination in Employment Act (ADEA) of 1967, which protects workers who are at least 40 years old; the Americans with Disabilities Act of 1990, which outlaws discrimination against people who are disabled; and the Civil Rights Act of 1991 which provides for financial damages in employment-discrimination cases. “These days, almost everybody falls under some protected class,” says Ortego. The only people without a statute are white men under the age of 40, and even they can sue on basis of discrimination due to national origin.


Clearly, employees have plenty of legislative protection behind them. But in reviewing the arsenal of federal laws, legal experts agree nothing has fueled the onslaught of workplace litigation more than the Civil Rights Act of 1991 (CRA ’91). Before 1991, a plaintiff in an employment-discrimination case appeared before a judge, not a jury. If the plaintiff won, he or she was entitled to reinstatement with back pay and perhaps front pay, plus attorney’s fees and costs. It was basically a make-whole remedy. With no provision for damages, there was little potential to recover serious money. Because of this, the odds of a plaintiff bringing a lawsuit were diminished by the unavailability of lawyers willing to take the cases.


Thanks to CRA ’91, plaintiffs in employment-discrimination cases now are given the right to a jury trial, and juries are notoriously sympathetic to people who’ve lost their jobs. “Jurors look at the plaintiff and think, ‘That could be me,'” Ortego says. Because juries feel sorry for the person, plaintiffs typically prevail more often than the companies they sue.


But even more importantly, the act entitles plaintiffs to compensatory and punitive damages, as well as back pay and legal fees. Although the awards are capped at $300,000 for companies with more than 500 employees, by adding tort claims such as slander and negligence, plaintiffs’ lawyers can override the caps. Suddenly, there’s a financial incentive not only for former employees to sue, but also for plaintiffs’ attorneys to take on these cases.


“That economic incentive goes to the plaintiff, but much more so to the bar,” says du Fresne, who practiced as a plaintiff’s lawyer until she switched to the management side 10 years ago. “It has changed the whole field of labor law. When I graduated from law school in 1966, labor lawyers who worked for plaintiffs were do-gooders who did this work because they felt it was right, just and the American way. They made very little money from it. But today, every personal injury lawyer has a couple of labor cases because it’s one more way that, on a contingency basis, they can take a bite out of good-sized award. This is now much less a field that lawyers go into to do good and much more of a field that people get into to make money.”


To thrive, lawyers representing discrimination claimants need not hit a punitive damages jackpot, however. The mere threat of a lawsuit, even just a letter on legal stationery, can be enough to persuade companies to settle. “I get a lot of demand letters from attorneys,” says Dell of ABM Industries Inc. “I respond by laying out the facts of the case. If it’s not a good case, they’ll go away because they can’t afford to lose. But if they file suit, it will end up costing us something.”


As easy as lawyer-bashing may be, however, plaintiffs share at least part of the blame for slapping employers with cases that have no merit. You see, instituting an action is so easy, a matter of filling out a form, that vengeful employees can get the courts to put muscle in their grudges by acting as their own attorneys.


“Almost 50 percent of all civil cases filed in federal court here in Washington, D.C. are filed by pro se plaintiffs—in other words, people filing without an attorney’s representation,” says Fitzpatrick, who serves on the federal court’s pro se committee. “A significant number of these are employment cases and almost 100 percent of those have absolutely no merit whatsoever. Not only are judges extremely angry at being overloaded with so much junk, but the junk cases hurt the meritorious ones.”


Older employees are the most threatening.
So what plan of attack do most plaintiffs take? In what areas are companies that are laying off employees vulnerable? Under what statute are claims most likely to be filed? According to the EEOC, over half of all cases filed with the agency are based on claims of wrongful termination. Although this doesn’t violate a statute in and of itself, it’s an issue for which employees can receive damages. According to George Rutherglen, a law professor at the University of Virginia School of Law, based in Charlottesville, Virginia, “The increase in claims of discriminatory discharge to about 86 percent of all charges filed with the EEOC has made all of employment-discrimination law look more like the law of wrongful discharge.”


Because juries feel sorry for the person, plaintiffs typically prevail more often than the companies they sue.


While the EEOC doesn’t track the type and number of lawsuits that are eventually filed, attorneys believe the biggest increase is coming in the area of age discrimination. Why? Because companies are laying off a disproportionate number of workers who are over age 40. According to the AMA downsizing survey, over half of all layoffs are among supervisory, middle management and professional/technical workers. The survey states, “Although middle managers make up between five and eight percent of the American workforce, they typically constitute between 15 and 20 percent of those who lose their jobs.”


A major multinational company in Florida, for example, recently experienced a significant business setback. Losses in one division were expected to exceed $4 million. The executives decided they could either: a) spin off the division and lay off half of the employees; or b) rightsize the company and hopefully save more jobs in the process. Upon deciding to rightsize, they laid off 1,800 employees out of a 4,500-person workforce. Today, the company is facing a class-action suit on the basis of age discrimination because 1,000 of the terminated employees were over the age of 40. The cost of defense to date has been $680,000, and the company still is a long way from trial.


This example isn’t an isolated incident. Age discrimination has proven to be a successful and profitable plan of attack. According to the Journal of Legal Studies, claims under the ADEA primarily are brought by white males who hold relatively high-status and high-paying jobs. By alleging discriminatory discharge, these plaintiffs recover money judgments 2 1/2 times higher than plaintiffs in Title VII cases, and over four times higher than plaintiffs suing under the Equal Pay Act.


Furthermore, plaintiffs who bring claims only under the ADEA and whose recovery is reported in court records receive more than seven times as much as plaintiffs who do not bring ADEA claims—$83,600 vs. $11,500. This is because salaries of the typical plaintiffs are almost twice as high as the salaries of plaintiffs in other cases. Because back pay is the principal component of monetary awards in employment-discrimination cases, salaries are correlated with recoveries.


“In the case of one active, physically fit 58-year old, I requested and was awarded future damages through age 70,” writes the plaintiff’s attorney Ellen Simon Sacks in Trial Magazine.


Get out your checkbooks.
As you’ve probably gathered by now, lawsuits are a very expensive HR issue—so expensive, in fact, that they’ve given rise to a whole new form of business insurance called employment practices liability coverage. (Please see “Employment Practices Liability” on this page.) What makes these cases so expensive?


First, there’s the cost of defense. According to Nick Conca, vice president and claims counsel for Reliance National, an insurance company based in New York City, the cost of defending an employee lawsuit through trial, including attorneys’ fees and expenses, typically ranges from $100,000 to $250,000. These costs, along with the fact that plaintiffs tend to prevail in jury trials, make many companies eager to settle lawsuits as soon as possible. But even settlement can be an expensive road to hoe.


Respondents to the Jackson, Lewis, Schnitzler & Krupman survey claimed that in one out of every five resolved cases, the fired employees each collected more than $100,000 from his or her former employer. Data from Reliance National supports this figure. “It isn’t unusual for the average cost of settlement in a wrongful-termination/age-discrimination case to be in the mid-six-figure range,” Conca says.


Still, the cost of defense and any potential judgments, as well as all the potential for negative publicity, makes settlement an attractive option. “I hate to say this because I don’t want to encourage the plaintiff’s bar,” says Dell of ABM Industries Inc., “but we’re often compelled to settle because the cost of litigation is so high. For us, the average cost to take a case to the eve of trial is $70,000. Once in trial, that amount reaches six figures.”


Is your company vulnerable?
These days, the only companies that aren’t vulnerable to lawsuits filed by terminated employees are companies that haven’t terminated anybody. In today’s climate, anybody who has handed out a pink slip for any reason may in turn be handed a summons.


Are you breathing a sigh of relief because you conducted a downsizing 10 months ago and haven’t heard from the lawyers? Don’t be too hasty. Employees who file discrimination charges must exhaust their administrative remedies at the state and federal levels and this takes time. Employees have up to within 300 days of termination to file charges with the EEOC, for example. Then, after waiting for the EEOC to issue a charge, the employee has 90 days to file suit. This means companies can fire someone and be hit with a lawsuit well over a year later.


Although companies of all sizes from all industries are vulnerable to suits, there are patterns among companies that are sued from which HR people can learn. Despite what you might think, smaller companies are sued more frequently than larger companies. This is because smaller companies don’t have the same financial or legal resources to prevent or fight a suit as bigger companies. Moreover, larger companies typically are better at risk management, troubleshooting and thorough reduction-in-force (RIF) planning.


Many companies also are sued simply because they fail to treat departing employees with respect. “Employees are more likely to sue if they’re treated poorly on the way out,” says Stuart Bompey, a partner with Orrick, Herrington and Sutcliffe in New York City. “If they’re humiliated in front of co-workers, for example, or treated like they aren’t trustworthy, [they may go to court].”


Companies that make layoff decisions solely for economic reasons also find themselves in hot water, especially if they fail to look at the demographics of the workers who’ve been laid off. “This gets a lot of companies into trouble,” explains Adrienne Fechter, a plaintiff’s lawyer with Fechter & Dickson P.A., in Tampa, Florida. “RIFs are usually done for economic reasons, and the costliest parts of overhead are salaries and benefits. The most expensive workers, therefore, tend to be older workers who’ve been with the company a long time, and women and men with children. When companies allow these costs to determine who goes, they leave themselves open for discrimination suits.”


Not only that, but by using these criteria, companies usually end up getting rid of the most experienced and valuable employees. “My advice to employers is this: Don’t believe the short-term economic solution is in your long-term best interest,” says Fechter.


What should HR managers do to minimize the possibility of lawsuits? Get advice from management lawyers—and plaintiff’s attorneys, if they’ll talk to you—on how to protect the company. Make sure the people who are being laid off, for example, aren’t disproportionately part of a protected class. Provide training to managers on how to handle terminations and other sensitive situations appropriately. Document your actions and the reasons for them. “It’s difficult to get past what looks like a well-designed RIF,” Fechter says. “If only one person out of 500 workers comes forward and the company has documented the downsizing, it’s unlikely the jury will return a plaintiff’s verdict.”


Last, but certainly not least, remember your employees are human beings. No matter what the circumstances—terminations or otherwise—everyone wants to be treated with dignity and respect. “My daddy killed himself at age 56 after losing a job,” says du Fresne. “Although I represent management, I don’t take any of these cases casually. Companies can’t treat their workers as numbers. They must have empathy for the human condition.”


Personnel Journal, December 1996, Vol. 75, No. 12, pp. 32-37.


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