Tough Love II: What Your Employees Won t Tell You About HR, But I Will*

Transcription

1 1. Click to edit subtitle Tough Love II: What Your Employees Won t Tell You About HR, But I Will* Jonathan A. Segal, Esq. March 10-13, 2013 *No statements made in this seminar or in the PowerPoint or other materials should be construed as legal advice or as pertaining to specific factual situations. Further, participation in this seminar or any question and answer (during or after the seminar) does not establish an attorney-client relationship between Duane Morris LLP and any participant (or his or her employer). DM2/

2 1. Click to edit subtitle 1

3 1. Communicate More Frequently 1. Click to edit subtitle and Effectively a. General rules i. Clear ii. Concise iii. Credible b. Topics i. HR ii. Non-HR (business issues) c. Manner i. Diversify means ii. Frequency iii. Focus on messenger 2

4 1. 2. Click Plain to Speak edit subtitle English: Minimize HR-ese a. Proactive b. Value added c. Synergistic d. Paradigm shift e. Outside the box 3

5 1. 3. Click Be Visible to edit and subtitle Approachable a. Yes, open door b. But, that s not enough c. You want to: i. Walk the floors ii. Visit locations d. You also want to ask employees: i. What s working? ii. What s not working? iii. Again, do not limit your inquiries to HR issues 4

6 1. 4. Click Help Employees to edit subtitle Solve Problems a. Of course, HR issues, but not only HR issues b. Need to be knowledgeable of and help employees solve other business problems, such as: i. Finance and accounting ii. iii. iv. Sales and marketing Products and services Business operations and logistics v. Technology c. If you cannot solve the problem, find the right person who can 5

7 1. 5. Click Increase to edit Recognition subtitle and Appreciation ( R&A ) a. Importance b. Perceived deficit c. Impact of absence of adequate R & A i. Engagement ii. iii. Loss of talent d. Increasing R & A Quality of product or service i. Human Resources ii. Management (training issue) 6

8 1. 6. Click Recalibrate to edit Time subtitle a. 85% of time on favorite 15% b. Cannot reverse c. But you can move along the continuum d. Spend more time with A and B players (and less time with C players) i. Reserve Outlook time positive employee relations ii. The list 7

9 1. 7. Click Say No to to edit GOMOs subtitle a. Need to learn how to say nicely: get out of my office b. HR cannot be friend to the friendless c. Need to be direct that not every issue is an HR issue d. Be kind but protect your time 8

10 1. 8. Click Protect to Employees edit subtitle from Retaliation a. Empower employees to speak up internally (or they will do so externally) b. Employees fear retaliation (because it happens) c. Prevent and correct retaliation d. But not enough to have policy or memos e. Need to meet with managers to make sure no terms and conditions retaliation f. Focus: retaliation by avoidance 9

11 1. 9. Click Protect to Employees edit subtitle from Bullying a. Unlawful if because of or directed at protected group b. Not unlawful if: i. Individual target: personal animus ii. Many targets: equal opportunity bully c. Educate management i. Difference between pushing and bullying ii. Costs of bullying d. Advocate for employees, where appropriate e. But be careful of anti-bullying policy 10

12 Click Be Clear to edit On subtitle Your Role a. Often play a mediator s role b. But you are a member of management c. Don t suggest you are an employee advocate d. But serve as an employee advocate where appropriate 11

13 Click Don t to Be edit Management subtitle Tool a. Advocate for best HR practices (link to bottom line) b. Do not try to defend the indefensible c. But do not undermine senior leadership, either d. Develop strategies for how to address areas where you do not agree with organizational change, policy or practice without setting yourself up for termination 12

14 Click Be Careful to edit subtitle of Foolish Consistency a. Competing considerations i. Accommodating individuals ii. Ensuring Consistency b. Law i. Prohibits unlawful inconsistency (based on protected factor) ii. Does not mandate foolish consistency 13

15 Click Be Careful to edit subtitle of Foolish Consistency c. You can consider (and document) legitimate, non-discriminatory factors d. Don t just say but policy provides e. If you act like you have a union contract, you may end up with one. 14

16 Click Don t to Lawyer edit subtitle Up Too Quickly a. Do not assume every employee is trying to set you up b. Risk in over-documentation (or documenting too early) c. Talk! d. Focus: investigation of concerns contrary to employee s wishes 15

17 Click Don t to Lawyer edit subtitle Up Too Quickly a. Do not assume every employee is trying to set you up b. Risk in over-documentation (or documenting too early) c. Talk! d. Focus: investigation of informal cmplaint contrary to employee s wishes 16

18 Click Do Not to edit Tolerate subtitle Mediocrity a. Ordinarily, we want to provide employees with due process b. Need to minimize (not eliminate) legal risk c. But also need to hold employees accountable 17

19 Click Do Not to edit Tolerate subtitle Mediocrity d. Risks in avoiding terminations: i. Employee relations: resentment ii. Business risk: quality and quantity of products or services iii. Legal risks: Comparators Retaliation Negligent retention 18

20 Click Don t to Avoid edit subtitle All Personal Interactions a. Examples i. Disclosure of health condition of parent ii. Employee appears depressed iii. Pictures on desk b. Risks of avoiding any risk i. Business ii. Legal c. Risk continuum as to each i. Low too cold ii. Medium just risk iii. High too dicey 19

21 1. Click to edit subtitle Thank you! 20

22 1. Click to edit subtitle Jonathan A. Segal Partner and Managing Principal, Duane Morris Institute Duane Morris LLP 30 South 17 th Street Philadelphia, PA Phone: ; Fax: