7 TIPS FOR FAIR AND EFFECTIVE DISCIPLINE

Every employer wants to get the best out of their employees.  As you all know, this does not always come easily. If you have an employee that is not performing to their full potential, it is important to act on it quickly.  Achieving fairness in discipline is a balancing act. Take a look at the following tips:

1. Develop Clear and Fair Standards – Start with clear standards and obtain and maintain evidence that employees were given notice of the standards.

2. Apply Standards Uniformly and Consistently – When you are inconsistent in following procedures and imposing discipline, there is always the possibility of a discrimination charge.  Nevertheless, being consistent doesn’t mean that everyone gets treated exactly the same way.  For example, it’s OK to treat someone with 6 months of service differently from someone with 20 years of service.

3. Give Problems Immediate Attention – Don’t wait until a problem becomes serious. Review performance regularly.  When problems develop, discuss them with the employee and suggest ways of correcting the situation.  Document these discussions.  Issue oral (but documented) and written warnings for specific problems.

4. Be Candid – If the employee’s undesirable behavior continues, arrange a meeting with the employee to discuss the precise aspects of work behavior that are unacceptable. No beating around the bush; discuss facts and actions.  Develop a written performance improvement plan that specifies each action or activity that must be corrected, and set a deadline.  Make it clear that failure to comply could result in discharge.

5. Maintain Open Communication – Many problems can be resolved through open communication and thoughtful consideration of all circumstances.  Consider the employee’s reasons for the behavior and explain why those reasons are unacceptable (or, maybe the employee’s reasons have some validity, in which case, you probably need to rethink the situation).  Always document your discussions.

6. Give the Employee a Chance to Improve – perceived fairness requires that the organization offer amply opportunity for the employee to improve.  If someone is ultimately terminated, it should be obvious that it was coming.  An outside observer (government agent, judge, or jury) should conclude that termination was a logical action.  Consider a formal “last chance agreement” – they are forceful tools, readily understood by both employees and outsiders.

7. Keep a Record – The record that you make of performance evaluations, performance counseling, corrective discipline, and last-chance agreements is often what makes or breaks your defense during litigation.

I would like to hear about your experiences in this area and welcome your comments.

Do Your Managers See the Value of Training?

All of us in HR have heard managers’ complaints about training:  “I’m too busy for this,” or, “that stuff doesn’t happen here,” or, “It’s not my job.” I have some recommendations to help get your managers on board.

We in HR understand the liability companies face when managers don’t pay attention to legal training or skip it completely – but that doesn’t mean all managers get it.  And it’s especially tough to change their minds when you don’t have direct authority over the person.

It’s not a lost cause, though.  Here are some ways to boost your manager’s interest in training:

• Is time a factor? – If time really is the main reason managers are reluctant to be trained, work out a time to make it as convenient as possible for them.  They may be able to complete the program in bite-sized sessions; or prefer to take care of it in one day.

• Relate it to their people – Many managers don’t buy into training because, as they say, they “already know how not to harass anyone.”  So make sure they understand the other key topics you cover – like effectively communicating with their staff and dealing with problematic behavior of the people who report to them.

• Look to the top – when you notice a problem with a supervisor, talk to senior management.  The executives will likely have a better grasp of how legal training relates to the bottom line – and they can discipline managers who still have a problem with attending.

What have you done to reiterate the importance of training to your managers? Your comments are valuable so let’s hear them!

Policies, Practices and the ADA

Maybe you’re like a lot of people and have a rule at home that everybody entering must take their shoes off at the door.  Makes sense, serves a purpose and you have every right to enforce it.

Now how do you react if you discover that as an employer you might not even be able to force an employee to wear shoes in the office?  Sounds silly right?  “We have a Dress Code policy in the Handbook that clearly states shoes must be worn at all times.”  But, if they are protected under the ADA and a medical condition prevents them from wearing shoes, it’s called reasonable accommodation and you must abide by it.

The list of what the DOJ considers a disability protected under the ADA is constantly being revised and challenged.  From hiring through separation you must make sure you are not opening yourself up to a discrimination lawsuit based on a persons limitations or needs.

Let’s consider another scenario.  You’re the manager of a movie theater and you need to hire ushers.  Part of their job is going to be to replace the paper towels in the restrooms.  One of your applicants is in a wheelchair and can do all of the duties of the job except they can’t reach the towel dispenser from their chair.

You determine they can’t do the job and you hire someone else.  You may have just bought yourself a discrimination lawsuit.  Was any reasonable accommodation considered, discussed or provided?  A court may ask if you considered having another employee change the towel dispensers allowing this person to perform the other duties they are capable of.  If you answer no, you probably just lost your case.

Reasonable accommodation is a process and needs to be taken seriously and documented.  It’s a back and forth discussion that might not be resolved in a single meeting.  So before you deny a person employment based on their medical or physical condition, or terminate an employee because theirs has changed, take the time to follow the rules of the law.  It’s time well spent and could save you and your company more headaches and money than you think.

I welcome your comments and any stories you may have that you’ve experienced in this area.

Human Resources Myths and Realities

For those of us that live and breathe HR, it can be frustrating to constantly defend the importance of what we do. I frequently hear “Oh, we don’t need HR, our Office Manager handles that.”

Then there are those that think HR is nothing more than maintaining files and making sure payroll gets submitted. The truth is HR is much more than paper pushing and file maintenance. It takes great dedication, commitment and knowledge to be a true HR Professional.

I’d like to share just a few Myths and the Realities about HR in hopes of educating our followers just a bit.

Myth: Anyone can do HR.
Reality: HR activities are based on theory and research. HR professionals must master both theory and practice.

Myth: HR is full of fads.
Reality: HR practices have evolved over time. HR professionals must see their current work as part of an evolutionary chain and explain their work with less jargon and more authority.

Myth: HR is staffed by nice people.
Reality: At times, HR practices should force vigorous debates. HR professionals should be confrontive and challenging as well as supportive.

Myth: People go into HR because they like people.
Reality: HR departments are not designed to provide corporate therapy or as social or health-and-happiness retreats. HR professionals must create the practices that make employees more competitive, not more comfortable.

These are just a few examples of the misconceptions we deal with daily. I am fortunate that the team we have built at HR Advisors is willing to take on those challenges and despite the perception, is truly dedicated to the task at hand…being knowledgable, patient, persistent and flexible in handling all HR issues, pleasant or not, for our valued clients.

As always, I welcome your comments and feedback. Knowledge is best utilized when shared.

Best regards,
Lorraine Reafsnyder

Being the Best Consultant Takes Work

So much of my time is spent instilling the best qualities in the consultants on our team. I’m constantly reminding them that a true consultant is NOT just a contractor.

I will tell them, “If I can give you one tip from my years as a consultant, it would be to Keep the Big Picture in Mind. Look beyond what it takes to get your job done and try to understand how the entire organization works – both our organization and the client’s organization. You must understand the past to be aware of what is going on now. As for the future, you need to have an awareness of where you and the organization want to go. What are our goals? What are our client’s goals? What is the vision of the company? This is your blueprint. You have to see the structure of the future in order to understand the work today!”

There are 5 things I believe make a great consultant, and I require these from everyone on our team:

Differentiate Yourself
Become an Advisor
Manage the Processes
Understand and Implement the Basics
Understand ours and the Client’s Business

I’d like to hear from others out there with what you feel makes a great consultant or offer advice to anyone looking to sharpen their skills.

Lorraine Reafsnyder