Policies: Do the Employees Get It?

Earlier today I had a long-tenured employee ask “What are the procedures for documenting sick leave?”  “ .. . . I realize it is documented someplace but I’m not sure where and I thought you would know it off “the top of your head” saving me the trouble of finding it.”    I smiled.  This document in question is located in both the employee handbook as well as a standalone policy on the HR portal.

Companies devote substantial time and resources in developing policies.  Once policies are developed we roll them out in meetings, post them, put them on the company intranet, distribute them via email, and/or hard copy distribution.   We obtain the signed acknowledgement as proof that the employee received and is aware of the policy - thereby negating any future claims from the employee that s/he "didn't know."   But no matter how or how often policies are communicated, sometimes it seems the company falls short in the communication of the policy.  Are the policies then wasted?  No, but perhaps we need to better understand our audience.  How are our employees receiving the information we are communicating?  Words must always be carefully chosen; nuances must be considered. 

My recommendation, schedule assessments of your company policies at regular intervals. This will allow you to assess the employee understanding of the policies and to obtain feedback.

Yes, you will still have the rare employee who finds it easier to ask HR than look something up.  But, after all, that's why we're here!

Effective Job Advertisements: A Bit Of Humor

For a job advertisement to be effective it needs to provide information that captures the interest of the best candidates.  And yet, it must avoid any discriminatory language that might violate federal or state laws.  The advertisement should provide enough information about the job, including the education, experience and skills that will allow the candidate to decide whether or not s/he is a fit.  For just a moment I want to poke fun at a few current job advertisements I ran across.

For the first advertisement, let's roll on over to Craigslist/Houston and look at the advertisement for a "National Director of Human Resources."  We all know that there are guidelines for employers to use during the selection process. These guidelines ensure that the information requested is of business necessity only and is job-related.  This organization wants a complete profile including a picture and a short video of the candidate.  Really?  Requesting that an applicant submit a photograph, mandatory or optionally, at any time before hiring is an unfair pre-employment inquiry.  Can you read potentially discriminatory?  Employer please take note, it is totally acceptable to request a photograph after hiring and if for identification purposes.

Example number 2 can be found on CareerBuilder.com.  A real estate organization in San Antonio is seeking an HR Department Manager.  The posting reads, "Human Resource experience is not required."  Okay, not a problem - if there was an educational requirement in lieu of experience!  This organization is requesting that the individual create policies and procedures and be responsible for employment law.  There is a long laundry list of responsibilities for the position. As a potential employer, you should ponder some of the basic requirements of the position.  Take the time to properly identify and develop a description of the required behaviors, abilities, skills, and knowledge of the position.  My 17 year old could apply for the position and, theoretically, couldn't be disqualified from the application process.  He does have the reliable transportation, a valid driver's license and vehicle insurance that is requested in the posting.  With a base pay of $45 - 90K, I'm sure he'd just love it. 

 

The last posting, back at Craiglist/Houston, advertises a "2-day HR Gig."  The potential employer is requesting a "very experienced HR professional (2-5 years)" to work with them on a two day engagement.  The job?  Represent the employer on a two day "introduction presentation/session" with a client.  The individual is coached and prepped on the company, then on day two, the individual presents the information to the client.  The compensation for this jewel of a job "will be interesting" according to the advertisement.  I'd run from this one.  But, if any brave soul accepts this position, I'd be morbidly interested in the details!  I think there's smoke and mirrors involved here.

 

Happy recruiting!

When You Lose A Good Employee

I lost a good employee today.  And while I understand the reasons behind her resignation and departure, it doesn't make the loss any less significant.  After months of looking for the right employee, reviewing hundreds of resumes, phone screens, and face:face interviews, we found the right employee for the position.  Someone that had the level of skills and abilities to take the position and re-define it - -  to grow it.   

 

As an organization we failed.  While we identified where processes could be improved, workloads leveled, bottlenecks eliminated, and savings experienced, we lacked the ability to implement the very changes that would allow us to be successful.    We were unable to engage the employee in this new role because of our inability to let go of an existing process.

 

(We were able to identify a new start. We were able to provide the vision of what it would be like when the change took place. But we were not able to overcome the resistence by the existing employees that would experience this change and the sense of loss the new process would bring. Employees need to understand how the organization will benefit from changing. They need to understand how the change will benefit them individually, as well as the consequences for them if there is no change.) 

 

My advice to every employer out there - to retain employees, the employer must deliver on the expectations set up during the recruitment process. Put forth every effort to keep your employees engaged.

 

 

 

 

 

 

The 10 Most Common Legal Mistakes HR Makes

Business Management Daily recently ran this great article outlining common legal mistakes that "HR makes."  Well, those mistakes can be made by any employer, supervisor, and/or business leader out there.  Not just "HR."  While a lot of this is just plain common sense, we all get busy from time to time and make a mistake. 

 #1: Advertisements, Interviews, and Offer Letters

Mistake: improper language in job advertisements. Too many employers still use inappropriate terms — such as "girl," "boy," or "young" — in their job advertisements. This is particularly true when managers, rather than HR, write the ads.

Mistake: unlawful interview inquiries. Too many hiring managers ask about personal and/or protected characteristics during job interviews, which sets the employer up for a discrimination lawsuit if the applicant is not hired.

Mistake: inaccurate description of the job. Some hiring managers work so hard to get top-notch recruits in the door that they fail to be realistic with their description of the job. The unhappy employee will leave, and it will have been a shameful waste of the employer's time and money.

Mistake: inadvertent creation of contractual promises. Too many employers include language in their job offer letters that inadvertently creates an employment contract. For instance, mentioning a yearly salary implies a yearly contract.

#2: Wage and Hour Issues

Mistake: misclassification of workers. Exempt vs. non-exempt status: Finding and correcting these mistakes are an Obama administration priority. While there are many factors to consider, you're basically basing your determination on the employee's level of responsibility and/or training, and a salary test.

Mistake: mandating confidentiality of wage information. Prohibiting employees from discussing their wages is a violation of the National Labor Relations Act.

#3: Privacy Assumptions and Violations

Mistake: permitting an expectation of electronic privacy. Too many employers fail to advise employees to expect no privacy on their computers. If you asked employees, "Do you think the stuff you put into that computer is private?" you might get some interesting answers.

Mistake: improper electronic monitoring. Some states have statutes that require employers to give employees notice if they are being monitored electronically.

Mistake: inadvertently revealing private employee information. HR possesses a great deal of sensitive information about individual employees. It is your duty to keep that information confidential.

#4: Training and Performance

Mistake: failure to train supervisors. When supervisors are not trained, they're the ones who get you into trouble. They may say rude, racist, or sexist things, or be unintentionally discriminatory, and because they are in a supervisory position, the entire company is on the hook.

Mistake: misleading performance evaluations. If you try to discipline an employee for a performance/behavior problem that was never noted on their evaluation, your hands may be tied.

#5: Rough Beginnings and Sharp Endings

Mistake: sloppy start. Among HR's common errors in this area are: failing to submit the state notice of a new hire; failing to tell the employee the key terms and conditions of employment; and providing the employee with a misleading description of working conditions.

Mistake: sloppy finish. Regardless of whether a termination is voluntary or involuntary, always allow the employee to leave with dignity.

#6: Investigations

Mistake: failure to oversee supervisory investigations. As an HR professional, you know that timeliness and thoroughness are important in an investigation. But what about when a supervisor is the one investigating, not HR? It's still HR's responsibility to provide oversight.

#7: Record-Keeping/I-9 Issues

Mistake: failure to document past practices. Courts love to know not only whether the treatment of an employee was against the law or company policy, but whether it was in line with past practices.

Mistake: failure to comply with Form I-9 requirements. Failure to complete the I-9 form properly and failure to keep the form in a separate file are common mistakes employers make.

#8: Breakdowns In Communication

Mistake: failure to keep employees in the loop. Forgetting to notify employees about policy/procedure changes, outcomes of investigations/discipline issues, or unsatisfactory behavior or work quality can be a costly slip-up.

#9: Accommodations

Mistake: failure to explore accommodations. "Accommodation" can be defined as "a determination in favor of the employee." Employers should explore accommodation options when an employee: has a disability, is pregnant, is called to active military duty or has a family member called to active military duty, or wants to engage in a religious observance/practice.

#10: Non-Compete Agreements

Mistake: unreasonable scope. Obviously, an agreement prohibiting an employee from working at any position in the same general industry forever and ever isn't going to hold water.

Mistake: lack of consideration. Legally, contracts are valid only if both sides give something. If the employee gives up their right to compete, the employer must also give something. Too often, the employer gives nothing, making the non-compete agreement invalid in a court of law.

Job Descriptions

Each of you have heard me "rant and rave"  about how important job descriptions are.  I recently ran across a great article that outlines some very important reasons why job descriptions are so important.  In the spirit of sharing:

1.  ADA:  If an employee files an ADA lawsuit, courts will review what the organization has identified as the job's "essential functions" to see if the charges have merit.  Absent a written job description, the court may decide for itself which functions are essential.

2.  Titles carry a great deal of weight in the workplace and in court.  Each position's title should match the level of authority and responsibility. Cross-check it against other titles in the organization.  For example, your "administrative assistant" would be doing most of the same tasks as others with that title.  Don't upgrade employees by giving them inflated titles.  You may regret that when they ask for pay raises or refuse to perform tasks that they consider beneath them.  More importantly, inappropriate titles also factor into discrimination charges.  For example, if your "director of distribution" is really a shipping clerk, be prepared to explain why s/he isn't being paid the same as other "directors."

3.  Essential functions/qualifications:  The key part of JD's is an item-by-item list of the job's duties and responsibilities.  It is important to identify which are "essential" job functions are critical to the job's successful performance.  One KEY legal reason?  Employees can file ADA lawsuits only if they can prove they're legally disabled and can still perform the "essential functions" of the job.  If those "essential" duties aren't detailed in the job description, they're left open to a court's random interpretation.

4.  Results Expected:  Duties are half the equation.  Include expectations relating to deadlines, customer service and company success.  Linking responsibilities to company goals helps the employee see how the position fits into the "big picture."

5.  Use Specific and Clear Language:  Instead of a term like "good communication skills," say the person needs "the ability to communicate company policies to non-managerial groups in person and in writing."

6.  Avoid gender-based language, such as "salesman."

 7.  The bottom line:  Never assume employees know what's expected of them.  Put it in writing and make sure they understand.

The Reason You Don't Have A Job . ..

Is You!  Yes, you're the reason you don't have a job.

In a survey by OfficeTeam and CareerBuilder, hiring managers say an average of 44% of the resumes they receive come from unqualified individuals.

People are going to give you a lot of advice as to whether or not you should apply for a job for which you are not qualified.  From a recruiter standpoint - please don't waste my time.    If you're not a match 100% for the required qualifications, I don't want your resume.  Period.

Many people simply apply to every open position.   They blanket the town with their resumes. I have had the same individual apply to both an invoicing clerk position and a Tactical Plans Leader position in the same day.  That tells me you're just randomly applying to any job.  You're not reading the qualifications for the position.  And more importantly, that what the company needs really isn't relevant. 

Realistically people.  When I advertise for a position the advertisement is clearly going to reflect the skills and abilities that will allow that candidate to be successful in the role.  If I need an accounting clerk in a fast-paced environment that requires QuickBooks, they need QuickBooks!  As a company we want an employee to hit the ground running.

Let me give you a couple of tips:

• Carefully review the job posting and ask yourself "am I qualified to do the job?"  Carefully evaluate your ability to do the job.   Don't over-inflate your qualifications. 
• When you submit your resume - ensure your resume emphasizes your experience.  Make sure your resume outlines your skills. Proving me with your title and the name of the company gives me no information. If you leave the relevant experience off of your resume - your resume is going into the "no thank you but thanks for applying" stack.

Respectfully, a recruiter.

Job Descriptions and the ADA

In July of 1992, the American with Disabilities Act (ADA) was born. If you are an employer with 20 or more employees, you are subject to ADA.

When an employer documents the work environment conditions in a job description, the employer takes a step toward ADA compliance. A well-developed job description should detail the “essential functions” of the job. This can be extremely helpful when an employee requests a reasonable accommodation under ADA.

Ensure that your job description of the physical requirements of the job is accurate. How much exposure to environmental conditions does the job require? How much noise exists in the typical work environment? Does the employee face exposure to blood-borne pathogens that require use of personal protective equipment?

Under the ADA regulations employers must provide "reasonable accommodation" to those individuals who qualify under ADA. Amending an essential function of the job may not be a reasonable accommodation - unless of course it can be modified. But how will you be able to make the decision about a "reasonable accommodation" if you don't have the job description with the essential functions listed?

Job Descriptions

Whether you are a small or large employer, your people need to know where they fit in the organization and what is expected of them. If an employee doesn’t understand what your expectations are, how can the employee be successful? That is where the job description comes into play. Job descriptions are written statements that define the role of the employee. It describes the duties, responsibilities, reporting relationship and qualifications for a specific job.

If you have job descriptions, remember they are living documents. Don’t just file it away in a filing cabinet. Both the supervisor and employees should refer back to the document as necessary. When an employee is currently performing in the role it is extremely important to obtain their input on the job description. Is it accurate?

On the legal front, it’s a good practice to ensure that job descriptions are current. Any organization is vulnerable to challenge under ADA, FLSA and civil rights legislation if they don’t have a job description that is accurate and current. Update the job description as the employees’ responsibilities change. When you update the job description, look at areas such as: What function has been added/deleted from the job? Is there a new hire that possesses skills that are not tracked in the old description? When a higher level of contribution, such as skill or knowledge, from the position is required; has the educational requirement, licensing, certification needs changed? If there are any changes that are required, advise HR.

During your performance appraisals, take the time to review the job description. Use the job description to set measurable performance goals based on the duties in the job description. Performance Management is an integrated approach to ensuring an employee’s performance supports and contributes to the organization’s strategic aims. Performance cannot be managed successfully via the use of outdated job descriptions (job descriptions that do not list the real, current, functions of the job).

With a job description – employees are more productive because they understand what is expected of them. When they know what is expected of them – they are able to work more efficiently.