You Are Who You Hire...And You Are Who You Don't Fire.

The Most Important Business Decision
As an HR Manager, one of the most important business decisions that I make in a company is the hiring decision.  If you think about it, an organization is completely reliant on the Hiring Manager to shape the organization.  The people you bring into the organization can spring-board the team to higher levels of performance, or could be a drain on the team because they were entirely wrong for the job or the company.  To boil it down, as a business owner, YOU ARE WHO YOU HIRE, AND YOU ARE WHO YOU DON'T FIRE.  

30-Minute Interviews
Hiring is one of the hardest things to really do well.  It takes you away from running your business.  It's time consuming.  It's energy-draining.  And, it's a little scary knowing that you're making a long-term business decision from a 30 minute interview with a person.  Whoa!  Let me give you a little advice, though, that generally has worked for me.       

Hire Based on Character
As an HR Manager, I interview a lot for CHARACTER.  It occurred to me some time ago that when all is said and done, it is a person's character that best defines their fit into the organization. 

As a result, I like to use questions that help examine how they behave when their character is tested.  I hold to the belief that character is best defined when things are rocky and not going so well.    No, I don't put them through a torturous interview...under a heat lamp and such (tempting as it might be).  Instead, I ask questions that reveal a person's natural character tendencies.  Their tolerance to being frustrated.  Their hot-buttons.  I examine their integrity (decisions they have made when no one was watching).  How they handle themselves when they are under pressure.  

These traits I cannot teach!  I have to hire for them.  You can generally teach technical skills, but it's very hard to teach integrity, honesty, commitment....You have to interview and screen for these qualities.

Examples: 

1. Rich, share with me about a time when someone on your project team dropped the ball and you had to explain what happened to you boss.
2. Larry, tell me about something that frustrated on your last job?  What did you do about it? 
3. Kim, tell me about a time when you disagreed with your manager's decision.  How did you handle it? What was the result?  
4. Chris, tell me about a time when you witness someone doing something on the job that they shouldn't have been doing.  What did you do about it?

Chemistry
As an HR Manager, I have to feel comfortable with the person I'm interviewing.  As a general rule of thumb:  I have to like him; I have to trust him.  I'll never hire a person that I didn't like or that I didn't trust.  It's never worked out.  It winds up ugly, and I've kicked myself for having disregarded my intuition.  Trust your gut.  If the person has all the qualifications (they are "all that and a bag of chips...."), but something seems to be...let's just say...."off"...then trust your gut.  Don't hire the person.  Continue looking.  It's ok...trust me.  There are plenty more where they came from.  And you'll not be regretting something down the road. 

Manage Out Bad Performers
I once had a conversation with a supervisor-candidate, whereby I asked him to tell me about a person on his team that tested him the most.  He told me about a guy, Mike, who was a lousy employee, with poor attendance, bad attitude, disruptive to the team.  I asked him what he did to manage Mike, and his response was fantastic.  He said, "Sometimes you have to shoot one to save the herd."  (Ok, just to clarify....this guy was from Kentucky where they do a lot of deer hunting, and he was using a metaphor -- he didn't really suggest that he shot him).  But he went on to explain that the team was like a herd of deer, all reliant on one another. So when Mike was behaving badly, doing things other than working, the rest of them were more consumed by what Mike was or was NOT doing.  As a result, the team was dysfunctional and not performing.  They were bickering, gossipping, and frankly, were plain angry that no one did anything about it.  This supervisor understood that one of the most important things you can do for your team is to manage them (UP or OUT).  By removing Mike from the workforce, the team actually could breathe again, and started to perform well.  Hint:  if the team actually increases productivity when Mike is absent, it's a sign that his "contribution" is more of a detriment. 

The One That Tests You The Most
Managing performance involves a very clear process to address "course corrections" of poor/bad performance.  We'll talk about performance management later.  But, let me just leave this final note, a quote from Stephen Covey, author of the 7 Habits of Highly Effective People:  The secret to the hearts of the MANY is how you handle the ONE that tests you the most.  

Kathleen Lapekas - PHR

Action HR Consulting

For Personal Attention to Personnel Matters....

www.actionhrconsultant.com

     

Unemployment - How It Works

A topic that hits a sore spot for most HR professionals is the topic of "Unemployment Benefits."  For many of us, it's also a mystery how unemployment benefits are actually awarded to the recipients.  So, I thought I'd take you through a crash-course on how the State of Indiana determines "unemployment benefits."

Let's start by taking a scenario:  

Jake is an employee with a small assembly plant.  He earns a base hourly rate of $10.00/hr x 40 hours a week ($400.00/week).  He's been employed for 2 years, but he's been a bit of a bad boy and has had some attendance issues.  Jake experiences a separation of employment for excessive absenteeism. 

Evaluating Criteria

The State of Indiana Department of Workforce Development considers the following when evaluating eligibility:

1.  How much has he earned in the base period (last 4 calendar quarters)?

• In Jake's case, the DWD (Department of Workforce Development) would first look at his average earnings across the base period to determine if he made enough money to first be eligible.  He  must also have base period wages totaling at least $2,750, with $1,650 of those wages earned in the last six (6) months of the base period.  In this case, he should have met the requirements.

2.  Is he unemployed "through no fault of his own?"

• In Jake's case, could the employer provide proof that he was discharged due to excessive absenteeism?  Could the employer show the handbook with the attendance policy?  Could the employer show all the documented attendance counselings that inevitably lead to his discharge?  Sadly, if the answers to the questions above is no, then he will likely receive eligibility for unemployment benefits.

3.  Is he "able, available and actively seeking" full-time work?

• In Jake's case, he will need to log and provide a list of companies where he had applied for and submitted resumes to in order to show actively seeking work.  However, if he refuses work, then he runs the risk of losing is eligibility for his unemployment benefits. 

How Can An Applicant Be Denied Unemployment Benefits?

Again, the burden of proof will fall upon the employer to show evidence of the following circumstances, however, an applicant would likely be declined unemployment benefits if he/she:

1. Quits/resigns employment without "just cause."
2. Gives false information on a job application,
3. Knowingly breaks an employer's rules,
4. Experiences excessive unexcused absences or tardiness,
5. Purposely damages the employer's property,
6. Refuses to obey employer instructions,
7. Reports to work under the influence of drugs and/or alcohol,
8. Consumes drugs and/or alcohol on the job,
9. Exhibits conduct that threatens the safety of others,
10. Is convicted and imprisoned for a serious crime, and
11. Exhibits a breach of a duty applicant owed his/her employer.

In addition, employers who fail to offer a timely response to inquiries verifying information provided to the Department of Workforce Development will experience losing a denial claim.  You have to quickly respond within the timeframe given or you will lose.

How It's Paid to Recipients

Employers pay a standard amount toward a "pool" each payroll period.  The amount "taxed" for unemployment is primarily driven initially based on their payroll amount.  If a separated employee were to receive unemployment, they will be paid out of the "pool" already provided. 

The following year, the unemployment deduction (rate) is re-assessed based on the number of claims from the previous year.  The deduction rate should (in theory) go down if the employer has very low turnover and few unemployment claims.  Likewise, the deduction will go up if the employer experiences a large number of unemployment claims.

Summary:  Unemployment is determined based on meeting certain criteria upon termination of employment.  Unfortunately, the burden falls primarily upon the former employer to provide evidence of the circumstances listed above.  Without written policies, documented counselings and consistent application to policies, the employer stands little chance of defending itself against claims of unemployment. 

Kathleen Lapekas - PHR

Action HR Consulting

For Personal Attention to Personnel Matters...

http://www.actionhrconsultant.com/

"Let's Talk About Sex..."

A topic that still sweeps the courts with high-profile cases is sexual harassment.  You'd think by now that we would have evolved into a society where employees have finally figured out:  Thou Shall Not Fondle, Tease, Whistle At or Proposition Thy Co-workers.  But, sadly, sexual harassment is still as prevalent as ever.  

A Little History Lesson...

In the 1940's, "Rosie the Riveter" had entered the workforce to help support the war efforts.  In entering the "man's world," Rosie had to endure being pinched, groped, whistled at, and propositioned --"Hey, baby, how about a date?"  

There were no laws in place to prevent this type of behavior.  Rosie, if you wanted to work, you had to put up with this ugly nonsense.  Those cases are considered egregious and unthinkable in today's standards. 

Today's Personal Liability...

With laws NOW to protect employees (both women and men) from sexual harassment, Supervisors and Managers can NOW be held personally liable for their actions (or inactions to stopping the harassment).  This means that a supervisor who sexually harasses, or who condones sexual harassment of his employees can lose his house, his car, his entire life savings, and, of course, his JOB.  Additionally, the company is held liable for this supervisor's poor judgement, and can be sued for thousands and thousands of dollars.  

Although people are more educated on this topic, it still amazes me that sexual harassment is still as pervasive as ever before. 

Statistically Speaking...

Statistically speaking, 9 out of 10 women will experience some form of sexual harassment on the job.  Drilling this down, it means if you have a daughter, or a wife, a mother, aunt or sister, that there's a very, very high probability that she will be (or has already been!) sexually harassed at work at some point.  If that doesn't make your blood run cold, I'm not sure what would.    

Women aren't the only victims here.  Statistically, 2 out of 10 men will also experience some form of sexual harassment on the job.  Most commonly, men experience male-to-male teasing and baiting; however women sexually harassing men is not unheard of either.  

"Hostile Work Environment"

What the courts see now is what is called, a "hostile work environment."  This essentially means that an employee experiences a working climate where putting up with sexual jokes, innuendos, suggestive and sexual comments / discussions, is so prevalent, that it's essentially a condition of employment.  In this type of an environment, in order to keep my job, I have to endure listening to sex talk, sexual jokes, inquiries about my sexual history or sexual preferences every day.     

Employers, you can't put your head in the sand on this one. 

You have to be proactive.  This is serious stuff.  Defense costs for defending your company against a claim of sexual harassment runs on the average about $150K (and that's just the beginning!) 

Here's some suggestions:

1.  Have a clearly communicated Harassment and Sexual Harassment policy (written, posted, and signed-off by all employees).

2.  Train all employees on zero-tolerance to any form of harassment.

3.  Train your managers and supervisors on this.  Teach them what to look for, and how to handle a situation if someone comes to them with a concern.  Train them each and every year!

4.  Have a defined investigation process.  Document all interviews.  Document resolutions.

5.  Don't take this lightly.  You letting the person off with a stern warning will not necessarily protect you.  Zero tolerance means ZERO tolerance (not degrees of tolerance).

6.  Consider looking into Employment Practices Liability Insurance (EPLI) to help insure your company against legal fees related to someone's bad behavior on the job. 

Summary:  Even though harassment in the workplace is less "egregious" and "outlandish" it doesn't mean that it's gone away.  In fact, sexual harassment has taken more of a subtle, suggestive and pervasive appearance, called "Hostile Work Environment." 

The courts use a "Reasonable Person" standard to decide the fate of a company who didn't take immediate action when sexual harassment occurred.  I don't know about you, but I'm not at all comfortable relying on a "Reasonable Person" to decide how much harassment will cost my business.  

Kathleen Lapekas - PHR

Action HR Consulting

For Personal Attention to Personnel Matters...

www.actionhrconsultant.com        

Workplace Social Norms: You Can Learn A Lot From A Monkey

An experiment was conducted in the 1960’s to understand the origination of “culture” (i.e., how accepted norms and practices come about).  Scientists were interested in understanding what drives the continuation of "culture" over the years.  Their findings were fascinating.

Five Little Monkeys

The experiment started with a cage containing five monkeys.  Inside the cage, hung a banana on a string and below the banana was a set of stairs.

Before long, one of the monkeys took the initiative to go for the banana.  As soon as he touched the stairs, the scientists used a firehose and sprayed all of the monkeys with cold water.  Reeling with displeasure, the monkeys hated the experience (apparently, monkeys dislike being splashed with ice cold water...go figure!) 

Then, the interesting part...they completely discontinued the cold water.   They removed one monkey from the cage and replaced it with a new one.  As soon as the new monkey saw the banana he went to climb the stairs.  To his surprise (and horror) all of the other monkeys attacked him.  After another attempt and attack, he apparently learned that if he tried to climb the stairs, he would be assaulted.

The New Guy

Next, the scientists removed another one of the original five monkeys and replaced it with a new one.  Soon afterward, the newcomer went to the stairs and was attacked.  What surprised them, however, is that the previous newcomer took part in the punishment with enthusiasm! 

After All Was Said And Done...

Continuing, they replaced a third original monkey with a new one, then a fourth, then the fifth.  Every time the newest monkey attempted to climb the stairs, he was attacked.  All of the monkeys that were beating him up, had no idea why they were not permitted to climb the stairs or why they were participating in the flogging of the newest monkey.   

Interestingly, after replacing all the original monkeys, none of the remaining monkeys had ever been sprayed with cold water.  They had only sprayed the original group once, and only once.  However, the lesson was quickly learned and passed along.    


No monkey ever again approached the stairs to try for the banana.  Why not?


Because, as far as they knew, "That's the way it's always been done around here." (Gee, does that sound somewhat familiar?)

Summary:  Culture is a composite of social norms that are passed on through observation and experience; and, in this case conformity to those norms is socially controlled through punishment.  Be conscious of the social norms you communicate to your team.  That which is reinforced, ignored, or punished establishes the norm of, "That's the way it's done around here."

Kathleen Lapekas - PHR

Action HR Consulting

For Personal Attention to Personnel Matters...

http://www.actionhrconsulting.com/

   

Lessons About Office Etiquette

Not too long ago, I had a discussion with a colleague about office manners/etiquette.  It seems that manners have quickly eroded from our common everyday practices.  Sometimes issues arise when employees are unaware that their behavior at work may be disruptive or annoying to others.  Do not take it for granted that people share the same expectations for what is considered polite and appropriate behavior in the office! 

Business owners -- do your team a huge favor and establish clear expectations for appropriate office etiquette. 

Here's some expectations I would suggest you consider talking with your team about:

Break room Etiquette:

• Clean the microwave and break room after each use.
• Wipe off the table (and chair you used) as you leave. 
• Take home any food and food containers home on a daily basis.
• Pour out liquid from cups/cans before disposing into the trash cans.

Bathroom Etiquette:

• Keep bathrooms in an orderly and tidy manner.
• Wipe off the counter after washing your hands.
• Ensure the paper towel is properly disposed of.
• Refrain from talking on your cell phone while using the restroom. 
• Replace the empty toilet paper roll with a fresh one.
• Wash your hands after using the restroom.

Copy Machine Etiquette:

• Return copy machine and printer settings to their default settings after changing them.
• Replace paper in the copy machines and printer paper trays when they are empty.
• Retrieve print jobs in a timely manner and be sure to collect all of your pages.
• Be prompt when using the manual feed on the printer.
• Keep the area around the copy machine and printers orderly and picked up.
• Be careful not to take or discard others' print jobs or faxes when collecting your own.

Conversations in the Office Etiquette:

• Try to minimize unscheduled interruptions of other employees while they are working.  If appropriate, communicate by email or phone whenever possible, instead of walking unexpectedly into someone's office or workspace.
• Be conscious of how your voice travels, and try to lower the volume of your voice when talking on the phone or to others in open areas.
• Keep socializing to a minimum, and try to conduct conversations in areas where the noise will not be distracting to others in their workspace.  Try not to block walkways while carrying on conversations.
• Minimize talking between work spaces or over cubicle walls.  Instead, conduct conversations with others in their workspace. 
• Refrain from using inappropriate language (swearing) that others may overhear.  Refrain from jokes or statements that may be offensive to others.
• Avoid discussions of your personal life/issues in public conversations that can easily be overheard.
• Monitor the volume when listening to music, voice mail, or a speaker phone that others can hear.

Office Image Etiquette:

• Put extra office supplies back in inventory, rather than leaving them scattered throughout the office. 
• Organize and clean up your desk / workspace before leaving for the day.  Avoid putting files or papers in stacks on the floor.
• Wipe off your desk to keep it looking professional.
• Avoid excessive clutter and personal items collecting in your workspace. 

Summary:  I believe that "everything communicates something."  As a small business owner, you can positively impact the team and diminish drama and annoyance by making a clear statement of what you DO expect of your team.  As with any team, good directions usually makes them all feel like their rowing their oars in the same direction. 

Kathleen Lapekas - PHR

Action HR Consulting

For Personal Attention to Personnel Matters...

http://www.actionhrconsultant.com/

Questions To Ask A Person With A Disability

Someone suggested to me earlier last week that I might want to touch on how managers handle interviews with candidates who are disabled.  Of course, wise and prudent Managers know they can’t discriminate against disabled candidates, but they also know they need to find people who can actually do the job.  How can they find the right balance?  What interview questions are off-limits?  This is where it gets tricky.

Here's A Scenario

Here's a scenario:  An applicant comes into your business with his right hand missing.  He's applying for the "Engine Repair Technician" position you've posted in the paper.  You aren't sure what to do, since you suspect he's not going to be able to do the work without both his hands.  "Uh, oh,"  you think.  "I know there's some law out there that requires me to give equal opportunities to people with disabilities.  What do I do?"  

Americans With Disability Act (ADA)

Well, the good news is that you knew that there is some law out there.  It's called ADA:  Americans With Disabilities Act.  It requires employers to provide reasonable accommodations for qualified applicants who are classified as having a disability.  First and foremost, you should consider all candidates qualified for the opening you have posted.

To flush this out, you need a well-written job description that outlines the essential job functions and requirements (including physical requirements) of the position.  Without a well-written job description, you have no viable criteria to qualify or disqualify candidates; therefore, no clear criteria identified for the physical requirements of the position.  Start by having a well-written job description.  

Questions You Can and Cannot Ask

But, when it comes to individuals with disabilities, Managers are concerned about what is ok to ask.  So, here you go....Questions commonly asked about this topic:

1.  Can we ask them about their disability?  No, you cannot ask about the nature or the extent of their disability.  But you can ask the applicant whether or not he/she can perform the job with or without accommodations.  If the applicant responds that that he can perform the job, then you're allowed to ask him how he would plan to be able to perform the physical requirements of the job.

2.   Can we use a test to see if an interviewee can handle a necessary physical function — for example, heavy lifting?  Yes, those tests are OK after an offer has been extended.  But only if you test every applicant, and not just those who appear disabled.

3.   After describing the job’s requirements, can we ask applicants if they know of anything that would prevent them from performing those duties?  Yes, but again: You need to ask every applicant that question.

4.   Can we ask if a disability is likely to get worse and interfere with performance in the future?  No — this type of question is akin to asking for a diagnosis or other medical information, which is prohibited under the Americans with Disabilities Act.

Summary:  It's important to have well-defined requirements -- including physical requirements -- of a position written down in the job description.  Stay focused on the issue at hand:  Can the applicant perform the job (with or without reasonable accommodations)?  Ensure that the job description identifies those duties that are truly vital to the position (essential job functions) versus a list of critical and non-critical tasks/job duties. 

Kathleen Lapekas - PHR
Action HR Consulting
For Personal Attention to Personnel Matters...
http://www.actionhrconsultant.com/