Friday, February 25, 2011

Federal I-9 Documentation

The U.S. Citizenship and Immigration Services requires all employees to complete the Employment Eligibility Verification Form I-9 and present unexpired original documents establishing identity and employment eligibility. The I-9 is the “implementation tool” for the Immigration Reform and Control Act of 1986. Completion of this document is mandated for every employee hired after November 6, 1986. Even if you are the owner of the company and you have only two employees, if you are on the payroll you must have an I-9!

To help you be compliant with I-9 requirements, here are a few suggestions:

1. Require all new hires to complete and sign Section 1 on their first day of work. One common error found during I-9 audits is the date the employee signed the I-9 was not on or before the first day of employment. Also, do not ask an applicant to complete the I-9 prior to extending a job offer. The information could be used as a weapon in a discrimination lawsuit if the individual is not hired.

2. Train every employee who fills out I-9 forms how to accurately fill out forms. If you find a mistake on an I-9 form in your file, cross it out, fill in the correct information and date it. Do not create a new form. Just note on the form, at each correction, that the change is being made “per self audit.” If you ask the employee to complete a new form, it may be viewed as discrimination.

One of the most common mistakes made by employers is failing to complete the form. Avoid blanks, missing or incomplete information and/or signatures. Potential fines for mistakes range from $500 - $1,000 per incident. Also, please make sure you are using the current version of the I-9 (8/07/09 or 2/02/09) which can be found at www.uscis.gov/I-9.

Use Section 3 of the I-9. Properly update or re-verify the individuals’ status (e.g., name change due to marriage or divorce). You can use Section 3 if the employee leaves your workforce and is rehired within three years of the date the form was originally completed. Also, use Section 3 if the employees’ work authorization is about to expire and you must re-verify the work authorization.

3. Know which documents are acceptable for work authorization. If a new hire is a U.S. citizen a passport or driver’s license with social security card are valid. If the new hire is a non-citizen, an employment authorization document is required. If an employee checks the third box (A lawful Permanent Resident), the Alien “A” number must be completed. If an employee checks the fourth box (An alien authorized. . ), the date the alien is authorized to work until must be completed and the Alien or Admission number must be completed. If you ask for more documentation that is required, you may be fined for over documentation and face charges of discrimination.

A common I-9 mistake made by employers is inconsistency in document photocopies. As an employer, you have the option to photocopy the documents presented by the employee. However, I highly recommend that supporting documentation be copied and attached to the original I-9. Again, as the employer, you have the option to photocopy the documents. But ensure that your choice is applied consistently and either you do, or don’t, make photocopies.

4. Keep track of expiration dates for foreign workers. Many employers forget to re-authorize the I-9 forms for these workers when their visas are renewed. Don’t forget to keep a tickler file to follow up on expiring documents. Notify employees of the need to re-verify 90 days prior to the document expiration.

5. Store I-9 forms separately from other personnel files. The reason? Many government agencies are authorized to inspect your I-9 forms. If you retain the I-9s in personnel files, the government gets to go through the personnel files. Anything they find there can raise additional questions and/or issues.

6. Delete or shred I-9 forms as soon as allowable. Employers must keep an I-9 for every current employee. You also must keep I-9 forms for former employees until three years after their start date or one year after termination, whichever is later. When the documents have expired, shred them. If ICE performs an audit you may be held liable for mistakes or omissions found on the old forms!

For additional information on I-9s, please visit www.uscis.gov/I-9.

Wednesday, February 23, 2011

Knowledge Retention

While the economy is slowly recovering, we all still hear of companies going through layoffs (Boeing slashed 1,100 jobs in January; Continental Airlines to cut 500 jobs). Couple that with the boomers reaching retirement age, people are leaving the workforce. A single individual in an organization may hold vital knowledge in his/her head. If he/she leaves, the knowledge is at risk of leaving as well. Most companies have data backup and disaster recovery plans in place in the event computers, servers, etc. break down. But how many organizations have plans in place to capture the knowledge of the departing employee? Is the departing employee a low risk (knowledge is not vital, is well documented or held by other people) or high risk (sole knowledge holder) to the organization?

“Releasing employees is very effective to reduce the spend side. . . . each person out the door takes expertise with them that is lost to the company. After a while, the company may not even have enough knowledge internally to understand that their boat has holes in it and that patching isn’t happening.” I don’t remember where I read that quote (*oops*) but I feel that it eloquently addresses the impact of employee departures on the knowledge base of an organization. This isn’t a new problem. The consequence of the loss of the crucial skills and knowledge may lead to “corporate incompetence.”

As an organization, there are some questions you need to ask before the employee steps out the door:

• Does the work continue?
• Will the work be required in the future?
• Is the knowledge critical?
• Is the knowledge documented?
• Does anyone else have the knowledge?

If the knowledge is critical, let’s talk about a couple of retention processes and what tools can be used to better retain employee knowledge. (When you have a finished product, please always consider the confidentiality aspects of the material.)

1. Exit Interviews: Oftentimes questions are inadequate to capture all of the intricacies of a particular position. To be successful, identify a broad range of areas of success or challenge in the role. As the employee answers, make a list of the factors and then probe for detail and advice. Also, who are their contacts? Why and how do they interact with these individuals? What sources do they use for research or data? Timeline key activities, important meetings, etc. Identify critical information areas and concentrate on these to ensure a higher quality of knowledge is captured.

2. Documentation: Thoroughly document every process in a position. Create a “master manual” or “guide” for other individuals to access.

3. Networking: Facilitate knowledge networking thereby allowing the knowledge to be naturally disseminated across the organization. This would allow the information to be captured in a timelier manner and not at the employees’ departure. The information, and the transfer of the information, is created and shared.

4. Access: Retain the knowledge via retaining access to the people. Are the departing employees available for part-time work? As a consultant? Are they available to mentor and/or provide advice?

Each organization places important on different aspects of knowledge. Take the time to share ideas and best practices. Never overlook the importance of context and dialog.

In closing, knowledge retention is going to take time, resources and skill. Build a network to enable conversation. And remember, validating the quality of the knowledge transfer can be very difficult.

Wednesday, February 16, 2011

Does HR Qualify As A "Dirty Job"?

Mike Rowe is the creator and executive producer of Discovery Channel’s Dirty Jobs with Mike Rowe. He travels the country, working as an apprentice on jobs that typically people just don’t want. Well, I wish he would step into my HR role for about a week. While I may not get physically dirty, at times I do feel like I’ve been rolling around in the muck and mud.

Several years ago my younger son explained to a friend that my job was to “fire people.” When I thought about it, I realized that the only time I really talked about my job was when I was agonizing over the role I played in destroying someone’s life. (Maybe a bit dramatic, but that’s how I feel.) While I readily embrace the role of HR within an organization, oftentimes there are responsibilities that I would gladly relinquish to another person:

• Terminating an employee, due to organizational restructuring, etc., with the knowledge that the employee is in the midst of purchasing a new home, or having a baby, or the spouse has lost his/her job.
• Freezing employee annual wage increases.
• Dealing with consistently negative people.
• Cutting employee hours.
• Constantly “harping” at managers to get performance reviews completed.
• Dealing with sexual harassment complaints against senior management (sigh).
• Paperwork, paperwork, paperwork.

Do you think Mike Rowe would consider HR a “dirty job”?

Tuesday, February 8, 2011

Incivility in the Workplace (or Just Bullying?)

Incivility is both a negative issue and a business issue that have been in existence for many years. It is a burden to everyone with the devastating effect of employee turnover and in disrupting the flow of work.

According to Christine Porath, an assistant professor of management at Georgetown University’s McDonough School of Business and the co-author of the 2009 book The Cost of Bad Behavior: How Incivility is Damaging Your Business and What To Do About It, stress and lost productivity related to incivility result in a multibillion-dollar annual hit to the U.S. economy.

In their research, Porath and her co-author found that after being the victim of on-the-job rudeness and hostility, two-thirds of employees said their performance declined. Four out of five said they lost work time worrying about the unpleasant incident, while 63 percent wasted time avoiding the offender. More than three-quarters of respondents said that their commitment to their employer had waned, and 12 percent even quit because of the bad treatment. Further, simply witnessing incivility toward others or overhearing any outbursts causes people to suffer. Taking it a step beyond the “human” impact, incivility has a direct, negative impact to the bottom line, the company’s reputation and ability to recruit.

Gary Namie, along with his wife Ruth, founded the Workplace Bullying Instituted based in Bellingham, Washington. While incivility can be experienced with subordinates, peers and supervisors, Namie noted that a study found that 72% of bullies were bosses. Does incivility exist in your organization? Are you a victim or a perpetrator?

Here are some “subtle” signs of incivility that you may recognize:
• Checking email or texting messages during a meeting
• Not listening
• Belittling others’ efforts
• Leaving snippy voice mail messages
• Shutting someone out of a network or team
• Acting irritated when someone asks for a favor

In its more blatant form:
• Losing one’s tempter
• Withholding information
• Damaging someone’s reputation
• Rude or obnoxious behavior.

One responsibility of management is to maintain a safe, non-hostile work environment. What steps can you take to eliminate incivility in your workplace?

1. Establish a Zero Tolerance Policy in your workplace. Implement a Code of Conduct policy for your organization that sets a clear, written standard of behavior. Clearly indicate what is acceptable and what is not. Have a formal mechanism through which employees can report inappropriate behavior. It is important to imbed civil language and practices into every level of an organization, including job descriptions, hiring practices, training policy and the day-to-day code of conduct.

2. Ensure that senior executives lead by example and they set the standard. Leadership needs to be involved in the process and committed to modeling civility and reinforcing its importance. They must display exemplary workplace etiquette.

3. Provide training. Incivility, in some cases, may be simply a lack of self-awareness and the individuals’ need to change an ingrained behavior. Train employees on how to solve problems and find non-threatening ways to vent anger and resolve conflict. Encourage mutual respect and support among employees. What one person may think is business-like, direct behavior might come off to another as curt, rude or disrespectful.

4. Encourage open communication. Make an attempt to consider how others perceive words or actions. Encourage employees to choose the most successful message, medium or behavior based on those parameters. Ask employees to remain sensitive to the possibility of miscommunication or unclear intentions.

In closing, be mindful of the immense cultural differences in social norms. What may be acceptable in our culture may appear rude in another. We are a diverse workforce and the cultural backgrounds of all employees needs to be understood.