Within two weeks we had three issues around body odor in the work place - so I thought this would be a great time to discuss a very uncomfortable topic. To many people BO seems like a funny topic unless you are the fellow team member having to deal with it daily or the manager having to address it. Here are the situations we dealt with these past two weeks.
1. Too much perfume.
We has a client who had an employee who was wearing enough perfume to "knock someone over". The issue of whether the perfume smelled good or not was not the issue, but rather the reaction it created. When we did our investigation it was a split between employees as to whether it bothered them or not and the fact that it varied on some days. In the end, you have to ask if it is distracting others from doing their job and disturbing your clients/customers/patients? Are people spending nonconstructive time discussing it? Are people making faces, snide remarks, complaints? If you answered yes to any of these, then you have to address it with the employee.
Recommendation: In this case it was decided that it was easier to request that the employee not wear perfume at all since it seemed they were not aware of the proper portion to put on. The management team preferred eliminating the use of perfume altogether rather than going through several days or weeks allowing the employee to try and test out different doses of perfume, the employer opted to just stop all perfume wearing.
2. Body Odor Smell
Another client had an issue with a client who seemed to have a sour spell. For majority of the time this person worked independent but they did work in an area with other team members There were some days where the smell was worse than others. The employee came to work looking neat, hair washed and clothes clean, but they had a certain smell.
Recommendation: Meet with the employee to address the issue and the fact that it has become distracting to other team members. You can suggest that the manager tell the person on the days the smell is there, if there are days that the smell is stronger. We suggested that the employee come up with ideas and solutions to solve this issue. As it turned out, it was an issue that this employee had struggled with in prior positions and had been fired for. solutions were to move the person to a more isolated space (in this case an office), allow them to use plug ins and other deodorizers that he liked along with fellow co-workers liked. The smell increases when the employee is under stress, which there was not anything directly the company could do other than provide some suggestions on stress relief tools through the company EAP (employee assistance program).
3. Unkempt Clothing and Appearance
This client had a warehouse employee who looked as if they were sleeping in their clothes and not showering very frequently In this case, the employee did not meet clients or the public, but his odor and appearance did disturb his fellow team members and upper management when they did come through the warehouse.
Recommendation: We addressed the issue with the employee asking him on a day when he appeared not to have showered, brushed his heir and had wrinkled clothes on. He shared with us that he had been living out of his car for a period of time. We researched ymca's and other shelters in the area where he could have access to a shower so that he could at least clean up prior to coming to work We had to share with him that a requirement to his job was his appearance. Giving him resources to help achieve that was critical to his success in turning this around. You cant fix someone's housing issues, but you can guide them to resources that may help them stay employed and meet the requirements you have an an employer.
In the end, each of these instances were extremely uncomfortable for all involved - but had to be addressed for the success of the individuals and for the workforce to stay productive. Often times the person with the issue doesn't even know it and certainly do not mean for it to be impacting their career in a negative way. It is best to address an issues head on and be sure to ask those curious questions!
Friday, May 3, 2013
Monday, April 19, 2010
EEOC Claims Rising Drastically - EEOC Mediation
The EEOC claims have risen drastically over the past year. This could be contributed to the fact that terminated employees are finding it harder to find another position after leaving a corporation so are looking for ways to bridge their lost income.
The rise in the claims does not mean there is more discriminating going on, but rather more people seeking ways to offset their loss of income. If you are an employer and have terminated employees over the past year, for any reason, your odds of being contacted by the EEOC have just increased.
EEOC Mediation - the basics from an employer’s side
I recently had the pleasure of attending an EEOC mediation on behalf of a client. This client, like many employers, was impacted by the economy and had to eliminate a department of approximately 7 employees. All employees were laid off. The employer was generous and the employees impacted received 3 months notice and a week for every year of service if they signed a release.
EEOC Charge Notice. We received an EEOC notice of discrimination in the mail first. With this, you should respond with all documented facts in the case. This would include copies of employee handbook about discrimination policies, employees acknowledgement of the handbook, the lay off package, summary of the others involved in the lay off also if applicable.
After the EECO reviews the information they will do one of three things:
1. request more documentation from you
2. request mediation
3. schedule an onsite interview session
Mediation. If mediation is requested, it is best that you cooperate and attend the session. If you are in metro Atlanta, you will have to go to the EECO office down town. Beware - parking is a bear so go early.
You will be asked to go through security and sign in. You will go to the floor directed and sign in. You will then meet with your mediator (this information will have been given to you previously through the mail). Be sure to bring your mediators name as this is critical to sign in.
You will be brought back to a mediation room with the person who has brought the EEOC charge. You will both be given the agenda for the day and the role of a mediator. The mediator will verbally go through the document with you. You will then be asked to sign acknowledging your agreement to mediate and your understanding of the mediator’s role.
Remember with mediation, the mediator is not a judge who is going to determine right or wrong. They are simply there to try and get the two parties to come to an agreement. The agreement could be unfair, but they are after an agreement. They cannot make you agree to anything you do not want to. So go into the meeting with what your "final" solution is.
The mediator will then allow the person bringing the EEOC charge to explain their case first. Take notes, but do not comment out loud. Be attentive and listen. Refrain from gasps and other body language - no matter how out landish the comments are. You will be given your opportunity to speak. You want to be known as the person who is rational and calm.
When it is your turn, be prepared with concise facts and timelines. Bring documentation and reference it, but this is not the time to go into great detail in showing it. Show compassion for their plight, but reiterate your stance of non-discrimination. Be prepared and plan ahead!
The mediator will then break you both out into separate rooms. This is where they will meet with each party separately to see what each is wanting and willing to give. This will be some times your first insight into what the past employee is requesting.
When the mediator comes back in, if they do not offer what the person wants, then ask them. This is the time to point to your facts and documentation. Be clear and organized. The more organized and calm you are, the better.
The mediator will take your offer back to the past employee and the negotiating has begun! Remember, you can start with simply offering to change the status of their termination in your system, or offering a letter of reference that states their employment dates, position held, etc. You do not have to start or end with money.
In the end, it is your decision as to whether you can accept what is being presented. Remember though, if you do not settle at the mediation - then you will be undergoing the next steps of an EEOC investigation. This could mean interviews of other employees onsite, interviews of the manager, etc. Just know that if you walk out without resolution, you will be investing time and money to provide information to the EEOC investigator.
The mediation can go on all day. Remember to bring money for the snack and vending machines.
If resolution is met, they will type up the details and ask both parties to sign off on them.
If you cannot reach agreement then the investigation will resume. Remember the EEOC investigator will not be the mediator. The good news is the mediation will help you get your facts and documents organized if you can not reach a resolution.
We are here to help! Our team are experts and working with clients on EEOC investigations and mediations. Visit our website for our contact information http://www.laihr.com/ or sheila@laihr.com.
The rise in the claims does not mean there is more discriminating going on, but rather more people seeking ways to offset their loss of income. If you are an employer and have terminated employees over the past year, for any reason, your odds of being contacted by the EEOC have just increased.
EEOC Mediation - the basics from an employer’s side
I recently had the pleasure of attending an EEOC mediation on behalf of a client. This client, like many employers, was impacted by the economy and had to eliminate a department of approximately 7 employees. All employees were laid off. The employer was generous and the employees impacted received 3 months notice and a week for every year of service if they signed a release.
EEOC Charge Notice. We received an EEOC notice of discrimination in the mail first. With this, you should respond with all documented facts in the case. This would include copies of employee handbook about discrimination policies, employees acknowledgement of the handbook, the lay off package, summary of the others involved in the lay off also if applicable.
After the EECO reviews the information they will do one of three things:
1. request more documentation from you
2. request mediation
3. schedule an onsite interview session
Mediation. If mediation is requested, it is best that you cooperate and attend the session. If you are in metro Atlanta, you will have to go to the EECO office down town. Beware - parking is a bear so go early.
You will be asked to go through security and sign in. You will go to the floor directed and sign in. You will then meet with your mediator (this information will have been given to you previously through the mail). Be sure to bring your mediators name as this is critical to sign in.
You will be brought back to a mediation room with the person who has brought the EEOC charge. You will both be given the agenda for the day and the role of a mediator. The mediator will verbally go through the document with you. You will then be asked to sign acknowledging your agreement to mediate and your understanding of the mediator’s role.
Remember with mediation, the mediator is not a judge who is going to determine right or wrong. They are simply there to try and get the two parties to come to an agreement. The agreement could be unfair, but they are after an agreement. They cannot make you agree to anything you do not want to. So go into the meeting with what your "final" solution is.
The mediator will then allow the person bringing the EEOC charge to explain their case first. Take notes, but do not comment out loud. Be attentive and listen. Refrain from gasps and other body language - no matter how out landish the comments are. You will be given your opportunity to speak. You want to be known as the person who is rational and calm.
When it is your turn, be prepared with concise facts and timelines. Bring documentation and reference it, but this is not the time to go into great detail in showing it. Show compassion for their plight, but reiterate your stance of non-discrimination. Be prepared and plan ahead!
The mediator will then break you both out into separate rooms. This is where they will meet with each party separately to see what each is wanting and willing to give. This will be some times your first insight into what the past employee is requesting.
When the mediator comes back in, if they do not offer what the person wants, then ask them. This is the time to point to your facts and documentation. Be clear and organized. The more organized and calm you are, the better.
The mediator will take your offer back to the past employee and the negotiating has begun! Remember, you can start with simply offering to change the status of their termination in your system, or offering a letter of reference that states their employment dates, position held, etc. You do not have to start or end with money.
In the end, it is your decision as to whether you can accept what is being presented. Remember though, if you do not settle at the mediation - then you will be undergoing the next steps of an EEOC investigation. This could mean interviews of other employees onsite, interviews of the manager, etc. Just know that if you walk out without resolution, you will be investing time and money to provide information to the EEOC investigator.
The mediation can go on all day. Remember to bring money for the snack and vending machines.
If resolution is met, they will type up the details and ask both parties to sign off on them.
If you cannot reach agreement then the investigation will resume. Remember the EEOC investigator will not be the mediator. The good news is the mediation will help you get your facts and documents organized if you can not reach a resolution.
We are here to help! Our team are experts and working with clients on EEOC investigations and mediations. Visit our website for our contact information http://www.laihr.com/ or sheila@laihr.com.
Wednesday, September 16, 2009
When a past employee violates their agreements
Employment Contracts Today
Ok, this seems to push a big button with my clients. When an employee joins an organization there are different "contracts" that are in place. There are social contracts and then of course paper type agreements/contracts.
Social Contracts
As an employer, you agree to bring a new person into your organization, train them in the area that they have been hired, provide them a comfortable work environment, tools needed to do their work, pay them fair wages for what they deliver, grow them, etc. In return the employee is expected to do their best each day, continue to learn what you train them on, show up on time, do as requested and honor the agreements in place. This is apart of the social contract that is created between adn employee and employer. Both parties know what is expected and so long as you each are honoring your side, years go by with both benefiting.
Written Contracts
There are the written contracts/agreements that we encourage employers to put in place that are written and include agreements not to solicit employees or customers for a period of time, not to use confidential information, etc. These are more formal and written agreements that are put in place to reinforce the expectations that the employer has of the employee after they are no longer an employee. These are agreements typicaly signed and agreed to during the course of employment. These are enforceable by law.
When an employee violates the policies, procedures or even the social contracts, it creates a divide between the employee and the employer. The width and depth of the divide depends on how the employee reacts and choices he or she makes to correct that divide. Some times that divide is such that it requires the two parties to part ways.
When an employee is no longer apart of an organization, you then are dependent on that past employee having the integrity to honor both the social and written agreements that have been in place. For most employees all that is needed not to solicit and target your clients, use the information that you trained them on, leverage relationships that they only had as a result of working for you - is their personal character and moral fortitude.
However, there are those past employees who are somehow lacking in this area and feel that it is ok to pillage the company that they learned from, taking advantage of confidential information they never would have had access to unless they not worked for that firm. Be reassured that when a past employee does this - it confirms that their departure from your organization was the right decision. With employees, there is no grey area with regards to integrity and moral fortitude. Life is too short to surround yourselves with those that do not have either. So rejoice that you no longer have these employees within your organization.
Taking Action
There have been many an employee who has left an organization and never released client data. There are even those employees who go and work for a competitor and never share the client list or information about their prior employer. They honor the social contract in addition to the actual agreements they may have signed. These are the past employees you should thank and stay in touch with.
So what if you are the employer who had the past employee who solicits your clients, uses confidential information to their betterment, etc. You can exercise your rights under the employment non-solicit, non-compete agreements. You can also share with your existing client base that this activity is going on and you wanted them to be aware that if they are approached that they should realize this person is violating the company's agreements. You should also reach out to their current employer and let them know that you intend to enforce the agreement that the past employee had signed and it could involve them if they brought on such clients and participated in the violation.
If you are ever approached by a past employee of a customer, have the same integrity level that you would expect of your own team and do not take the bait. To purchase from that person, no matter the price, reinforces the past employees very poor choices. Instead, reach out to your client and let them know this is occurring. I would also encourage you to share with the past employee that you are surprised that they would do this to a Company that helped them along their career path.
Keep the faith - there are those employees who are honorable and will honor both the social and the written agreements you put in place. Those are the ones we want to reward, grow and encourage throughout their careers.
Thoughts?
Ok, this seems to push a big button with my clients. When an employee joins an organization there are different "contracts" that are in place. There are social contracts and then of course paper type agreements/contracts.
Social Contracts
As an employer, you agree to bring a new person into your organization, train them in the area that they have been hired, provide them a comfortable work environment, tools needed to do their work, pay them fair wages for what they deliver, grow them, etc. In return the employee is expected to do their best each day, continue to learn what you train them on, show up on time, do as requested and honor the agreements in place. This is apart of the social contract that is created between adn employee and employer. Both parties know what is expected and so long as you each are honoring your side, years go by with both benefiting.
Written Contracts
There are the written contracts/agreements that we encourage employers to put in place that are written and include agreements not to solicit employees or customers for a period of time, not to use confidential information, etc. These are more formal and written agreements that are put in place to reinforce the expectations that the employer has of the employee after they are no longer an employee. These are agreements typicaly signed and agreed to during the course of employment. These are enforceable by law.
When an employee violates the policies, procedures or even the social contracts, it creates a divide between the employee and the employer. The width and depth of the divide depends on how the employee reacts and choices he or she makes to correct that divide. Some times that divide is such that it requires the two parties to part ways.
When an employee is no longer apart of an organization, you then are dependent on that past employee having the integrity to honor both the social and written agreements that have been in place. For most employees all that is needed not to solicit and target your clients, use the information that you trained them on, leverage relationships that they only had as a result of working for you - is their personal character and moral fortitude.
However, there are those past employees who are somehow lacking in this area and feel that it is ok to pillage the company that they learned from, taking advantage of confidential information they never would have had access to unless they not worked for that firm. Be reassured that when a past employee does this - it confirms that their departure from your organization was the right decision. With employees, there is no grey area with regards to integrity and moral fortitude. Life is too short to surround yourselves with those that do not have either. So rejoice that you no longer have these employees within your organization.
Taking Action
There have been many an employee who has left an organization and never released client data. There are even those employees who go and work for a competitor and never share the client list or information about their prior employer. They honor the social contract in addition to the actual agreements they may have signed. These are the past employees you should thank and stay in touch with.
So what if you are the employer who had the past employee who solicits your clients, uses confidential information to their betterment, etc. You can exercise your rights under the employment non-solicit, non-compete agreements. You can also share with your existing client base that this activity is going on and you wanted them to be aware that if they are approached that they should realize this person is violating the company's agreements. You should also reach out to their current employer and let them know that you intend to enforce the agreement that the past employee had signed and it could involve them if they brought on such clients and participated in the violation.
If you are ever approached by a past employee of a customer, have the same integrity level that you would expect of your own team and do not take the bait. To purchase from that person, no matter the price, reinforces the past employees very poor choices. Instead, reach out to your client and let them know this is occurring. I would also encourage you to share with the past employee that you are surprised that they would do this to a Company that helped them along their career path.
Keep the faith - there are those employees who are honorable and will honor both the social and the written agreements you put in place. Those are the ones we want to reward, grow and encourage throughout their careers.
Thoughts?
Sunday, September 6, 2009
Fighting back in this economy!
I am now starting my fourth week wearing Camo. Why? It certainly is not because it is a good color on me! I am wearing because we are focusing in on revenue growth only between now and the end of the year. The Camo is my visible commitment and reminder to my team that we are fighting back against this economy! We are fighting back against some of our competitors! We are hunting for new sales and growth! I will be positing new photos of this wonderful camo attire soon. So if you see me around Atlanta with my camo - you will know why!
It has been proven that if you can focus your organization on one or two areas - you will substantially increase your success. When a leader focuses the team - clearly states the outcome - you are off and running.
Feel free to call us to learn more - or email....
It has been proven that if you can focus your organization on one or two areas - you will substantially increase your success. When a leader focuses the team - clearly states the outcome - you are off and running.
Feel free to call us to learn more - or email....
Thursday, December 4, 2008
Cutting Heads
If you have to reduce try to do the following to make it as painless as possible for the remaining staff:
1. Try to do the layoffs in one fell swoop. There is nothing worse than having one wave of lay offs and then have another one following shortly thereafter. Creates incredible uncertainty for the remaining team.
2. It is better to cut too many positions rather than not enough and have to reduce the work force again in a short period.
3. Provide at least one week of severance for every year of service. If you can not provide this, then at lease try to provide some notice period so that these families will have a period to adjust
4. Find out prior to communicating the news to those impacted about any local job groups that employees can get involved in. If you can afford it, offer some form of outplacement services.
5. Communicate to those impacted first and then make sure you have a concise message for your remaining team. Be sure to include how you are committed to the future success of the business.
6. Take out your performers prior to laying off. These are people you know you should have gotten rid of before, now is the best time to take that action. Your great employees know who the poor performers are way before you do - so be sure to action them out of the organization.
7. Provide each departing employee a written document stating the action, what they are receiving as far as severance and benefits continuance information. They can this take this to unemployment to file for unemployment benefits.
8. You may want to consider using open book management going forward if you have not already done this. This allows the employees to understand when the business is off it's revenue or net income numbers so there are not any huge "surprises".
9. Keep your top performers engaged and on the team! You need them now more than ever.
If you would like assistance through your next down sizing, including specific communication guidance, etc. feel free to contact me at sheila@laihr.com.
1. Try to do the layoffs in one fell swoop. There is nothing worse than having one wave of lay offs and then have another one following shortly thereafter. Creates incredible uncertainty for the remaining team.
2. It is better to cut too many positions rather than not enough and have to reduce the work force again in a short period.
3. Provide at least one week of severance for every year of service. If you can not provide this, then at lease try to provide some notice period so that these families will have a period to adjust
4. Find out prior to communicating the news to those impacted about any local job groups that employees can get involved in. If you can afford it, offer some form of outplacement services.
5. Communicate to those impacted first and then make sure you have a concise message for your remaining team. Be sure to include how you are committed to the future success of the business.
6. Take out your performers prior to laying off. These are people you know you should have gotten rid of before, now is the best time to take that action. Your great employees know who the poor performers are way before you do - so be sure to action them out of the organization.
7. Provide each departing employee a written document stating the action, what they are receiving as far as severance and benefits continuance information. They can this take this to unemployment to file for unemployment benefits.
8. You may want to consider using open book management going forward if you have not already done this. This allows the employees to understand when the business is off it's revenue or net income numbers so there are not any huge "surprises".
9. Keep your top performers engaged and on the team! You need them now more than ever.
If you would like assistance through your next down sizing, including specific communication guidance, etc. feel free to contact me at sheila@laihr.com.
HR Now
Every time the phone rings these days it seems it is another company needing assistance on how to downsize. The old adage of feet have dollars attached is definitely being utilized now. We have offered a few alternatives to actually terminating employees if you can:
1. Look at asking for volunteers to go to part time status for a period of time
2. Have your management team take a day a week or month without pay
3. Have your management team and/or employees take a week off without pay. If you spread this over several pay periods, it makes the financial hit less.
4. Ask employees and management to take a reduction in pay. A good idea is if you are going to ask for a 15% reduction - try to take 5% of that and tell the employees you will reinvest it in building the business. Creating new marketing strategies, etc. This adds a positive to a negative
1. Look at asking for volunteers to go to part time status for a period of time
2. Have your management team take a day a week or month without pay
3. Have your management team and/or employees take a week off without pay. If you spread this over several pay periods, it makes the financial hit less.
4. Ask employees and management to take a reduction in pay. A good idea is if you are going to ask for a 15% reduction - try to take 5% of that and tell the employees you will reinvest it in building the business. Creating new marketing strategies, etc. This adds a positive to a negative
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