Romance in the Workplace

A December 2013 survey by the Society of Human Resource Management (SHRM) found that one out of every four employees admitted they’re currently, or have been in the past, involved in a romantic relationship with someone at work. Clearly, romance at work is commonplace – that’s a real problem. Workplace romance is complicated and poses a real risk for your organization! Love at work means messy breakups, allegations of favoritism, and sexual harassment complaints. Is there anything that an organization can do to mitigate the risks of workplace romances? Yes.


Managers: Absolutely No Romance at Work 

Organizations should prohibit romantic relationships between managers and employees – no exceptions. 

Not only does it show a clear lack of good judgment when a manager becomes romantically involved with an employee, but the manager’s poor decision inevitably creates a host of problems for your organization. According to SHRM’s 2013 survey, favoritism is the most common complaint (84%) resulting from workplace romance. This isn’t surprising. Once a manager becomes involved with an employee, other employees assume that the manager’s decisions concerning the romantic partner are based on favoritism 

(i.e., better shifts, salary, etc.). Sexual harassment was the second most common complaint (78%). A consensual relationship can turn ugly in a heartbeat – love is complicated. Once the relationship is no longer consensual, the organization is at grave risk. The organization is strictly liable if the employee’s claim of sexual harassment against their manager is successful. 

To minimize the risks, our recommendation is that organizations adopt, implement, and enforce a written policy prohibiting managers from getting romantically involved with employees. The written policy should include the following: 

•  A statement prohibiting any “romantic relationship” with an employee. 
• Definition of “romantic relationship” is a relationship that could be reasonably expected to become a close consensual or sexual relationship regardless of the gender or sexual orientation of the employees involved. “Dating” is included in the definition of “romantic relationship”. 
•  A statement prohibiting inappropriate relationships, such as living with an employee. 
•  A statement that violation of the policy will result in discipline, up to and including termination. 

Co-Workers: Romance

How do you manage romance between co-workers? Permitting romantic relationships between co-workers can be a challenge. An absolute ban on co-worker relationships is harder to enforce than the ban on managers; however, there are still several steps an organization can take to discourage workplace romance.

• “Love Contract” – Organizations can require that romantically involved co-workers sign a “love contract”. Simply, the contract provides a written acknowledgment that the relationship is consensual. Does this prevent a sexual harassment complaint? No, because the relationship can become unwelcome at any point. Still, the contract can help outline the employer’s expectations for the employees such as: the relationship cannot interfere with work, the employees are still expected to act in a professional manner while at work, etc.
•  Listen to the “Gossip” – Oftentimes, management discovers workplace romance through gossip or rumors. If you hear about an alleged workplace romance, make sure to talk to the employee’s 
  allegedly involved and get the truth from the source. Remember, if an employer “should have known” about alleged sexual harassment, the employer can be liable.

Consistency is Key

Above all, your organization must consistently enforce any policy – whether written or not – regarding workplace romance. Failing to be consistent can lead to claims of discrimination or retaliation. If you have questions, contact an HR professional or employment attorney.

© 2014 ePlace Solutions, Inc

Be a Better Communicator

Learning to communicate better with subordinates is an easy yet very effective way to improve your performance as a manager. Conversely, dismissing the importance of being a good communicator can lead to troubles in the workplace and make a manager’s job infinitely more difficult. Below are some simple and effective tips to help you become a better communicator.

Listen – If you want to be a good communicator, you have to master the art of listening. Being a good listener means that you not only “hear” what the person is saying but you understand their point of view and the message the employee is hoping to get across. Frequently, misunderstandings are a result of poor listening. If you are unclear about the employee’s message then seek clarification and have them repeat the message. 

Face-to-Face – With email and instant messaging it is easy to avoid having to communicate face-to-face. There are certain conversations, however, that you as a manager need to have face-to-face. For example, if you are discussing performance issues, personality conflicts, or other “sensitive” topics, it is better and more effective to have these conversations in person. It is far too easy to misinterpret email messages. If you want to document the conversation, then summarize it after you have spoken directly with the employee. Lastly, having conversations face-to-face allows you to witness the employee’s body language upon receiving your message – such information is invaluable. 

Be Prepared – Manage by the mantra “think before your speak!” You are the manager and your word carries great weight. Plan ahead and know what you want to say, how you want the employee to accept your communication and what, if any, action you and the employee will take after the conversation. If you just “wing-it” you will likely make mistakes and muddy your message. Likewise, if you find yourself in an unexpected conversation with your employee – still think before you speak. Managers rarely get the luxury of taking back their words. 

Be Direct – Good communicators don’t “sugar-coat” their message. You will be more successful at getting your message across if you are direct and to the point. Do not use language or terms that your employee is likely to not understand.

Improving your communication skills will undoubtedly help you to be a better and more effective manager.

© 2014 ePlace Solutions, Inc

2013 Top HR Mistakes

Virtually every organization faces certain “common” HR challenges. Based on our discussions with HR professionals and managers throughout the United States, we have identified the three most common HR mistakes of 2013. Our advice on how to prevent these mistakes from occurring (or re-occurring) in 2014 is also included below. 

Number 1: Terminating or Disciplining Employees that Engaged in a Protected Activity 
Subjecting an employee who has engaged in a “protected activity” to an adverse employment action can be an unlawful employment practice. The meaning of “protected activity” is broadly construed and includes, for example, complaining of unlawful employment practices (e.g. harassment, discrimination, unsafe working conditions), requesting and/or receiving an authorized leave of absence (e.g. FMLA, pregnancy leave, Workers’ Compensation), discussing working conditions (e.g. wages) and much more. Likewise, “adverse action” is also defined broadly. Adverse action includes any change to the employee’s conditions of employment (e.g. different schedule, position, responsibilities, etc.), discipline, and termination. Taking an adverse action after an employee engaged in a “protected activity” places your organization at risk for getting sued for unlawful retaliation. To reduce the risk for your organization, we advise that you refrain from taking adverse employment actions against this protected group of employees or, at a minimum, consult an employment attorney before taking any employment action against the employee. 

Number 2: Failing to Correctly Pay Overtime 
Federal law and most state laws require that employees receive overtime pay for hours worked in excess of the statutory minimum. Two common mistakes occur in regards to overtime pay: (1) employers fail to accurately track employees’ hours worked and (2) employers misclassify employees as exempt from overtime pay. Failing to correctly pay overtime will result in significant penalties and fines for the employer. It is the employer’s burden to track employee hours worked and to document those hours. Make sure that you have clear policies on getting supervisor pre-approval for overtime hours and documenting hours worked. Likewise, make sure that your organization has a clear and accurate understanding of the law governing overtime in your particular state. Some states, such as California, have very strict rules for 
calculating overtime pay. In the New Year, conduct an audit of your employees and make sure that they are properly classified as exempt or non-exempt. If you find that you have misclassified an employee, contact an employment lawyer or HR consultant for advice on how to correct the error. 

Number 3: Failure to Document Performance Problems and Prior Discipline 
Organizations often neglect to document performance problems and prior discipline. Supervisors may talk with employees about performance issues but then the supervisor never documents the conversation. Being able to show that the employee was counseled about their issues and that there was ample opportunity to improve is critical. Above all, your organization should have a well-documented reason for terminating an employee. Even in “at-will” states, it is always better to have a reason for terminating an employee. Providing the employee with a reason for the termination makes it easier for the employee to understand why they were 
terminated and hopefully prevents the employee from developing their own “reason”, i.e. they were fired because they were a women, etc. A well-documented reason is also essential if your organization is sued for wrongful termination. It is not enough to simply state that the employee has been routinely counseled about their performance issue – you will need proof. The proof is in the documentation. Your organization needs to stress the importance of documenting discussions involving employee performance. Talk to the employee and document the 
date and subject of the meeting. Making a simple note of the conversation puts your organization in a far better position than having nothing to support the assertion that this employee has had ongoing problems. Remember, it will ultimately be the organization’s burden to show that the employee was terminated for a non-discriminatory reason. 

© 2014 ePlace Solutions, Inc. 

Get the Most from this Year’s Annual Performance Reviews

It’s the end of the year and time for you to conduct performance reviews for your employees. Managers often perceive performance reviews as a tedious and pointless requirement but, to the contrary, annual reviews are essential for the development of your employees. A meaningful review should consist of both a written review and a face-to-face meeting. By the end of the process it should be clear to both you and your employee what aspects of the job the employee does well and what areas, if any, need improvement. Below are a few tips to help you get the most out of this year’s review process. 

Prepare for the Written Review: Being prepared is probably the single most important step towards making written performance reviews meaningful. If you simply check the “satisfactory” box and don’t provide any details – the review isn’t productive. Even worse, if you check the “good” box for employees who need improvement, you’ll jeopardize the organization’s ability to take disciplinary action against that employee in the future. Likewise, an employee can’t improve their performance if they’re unaware of any problems. Accordingly, you must provide accurate and thorough information on the written review. 

Begin by summarizing the employee’s performance before completing the performance review paperwork and before meeting with the employee. Ideally you’ve discussed your employee’s performance (good or bad) throughout the year and hopefully you’ve documented these discussions. To prepare for the review, simply summarize your notes. If, however, the employee’s performance hasn’t been previously addressed then you’ll need to set aside some time to reflect, review, and document. Put simply, this means that you should review any work-product, customer comments, etc. that have been provided prior to the review before documenting your comments on the written review. 

Employee Input: Getting the employee’s input in the performance review process will help the employee to appreciate the review process. Consider providing your employees with a self-evaluation form well in advance of the performance review meeting. Ask about their successes and challenges throughout the previous year and if they need any additional resources to meet the organization’s expectations. 

Talking Points for the Meeting: A meaningful review should include a face-to-face meeting. The meeting should include you, the employee, and another manager. Make notes of what you’d like to cover during the meeting and prepare specific examples of instances when the employee has performed well and/or when their performance has fallen below expected standards. 

Set Goals for the Next Year: The performance review is the perfect time to set new goals for your employee(s). Review your expectations with the employee during the meeting and document those expectations. Where feasible, make the goals as objective as possible. Objective goals make it easier for both you and the employee to determine whether the goals are realistic for the next year and if the goals are ultimately met. 

Follow-up: After meeting with the employee and reviewing their performance, make sure to follow-up with the employee. Don’t wait another year before you discuss their performance again. 

Above all, don’t dismiss the review process as meaningless and mundane. Make it worthwhile and hopefully you’ll see an improvement in your employee’s performance and job satisfaction. 

© 2013 ePlace Solutions, Inc.

Do You Have to Be a Grinch this Holiday Season?

Nobody wants to play the part of the Grinch during the holidays, but employers who fail to control employees during the holiday season may have no choice. If, however, you follow the guidelines below, it might just be possible to keep the holiday spirit alive and well at work this year. 

Celebrations
Employees and employers alike enjoy celebrating the holidays together. In order to avoid the common pitfalls of the infamous “holiday party”, review these tips. 

• Keep holiday parties non-denominational. Put simply, keep religion out of the party. A lot of people associate the holidays with deep religious beliefs; however, not everyone at the organization will share the same belief system, traditions, etc. It’s better to keep the party theme “generic” rather than attach any religious message to the celebration. 
• Alcohol should be avoided. Not serving alcohol is the safest decision, but it may not be the most popular. If your organization provides alcohol at the holiday celebration, understand that you may be legally responsible for drunk-driving incidents, underage drinking issues, and, of course, the employee who drinks too much and acts inappropriately. Consider having an afternoon gathering or something more casual to avoid the issue of drinking. 
•  Appropriate venue and entertainment. Planning your organization’s holiday celebration isn’t the same as planning a bachelor party. Keep this in mind while you plan. 

Attendance Issues 
Your organization will likely see an uptake in “sick” days as the holiday season draws near. Typically the days prior to and after a major holiday bring a large amount of unexpected absences due to employees missing work because they’re “sick.” 

• Strictly enforce your attendance policy. Remind your employees that they’re expected to report to work during their regularly scheduled hours. If you normally require a doctor’s note or other form of verification for absences then don’t let your guard down simply because you’re in the holiday spirit. Enforce the policy to avoid the headache of having to scramble to cover shifts and deal with angry co-workers who didn’t take advantage of you. 
• Absences = No Holiday Pay. Plan ahead and implement a clear policy notifying your employees that employees won’t receive any holiday pay (if you provide it) if they don’t work the day prior to or after the paid holiday. If your employee’s regular day off falls on a holiday, you’re not required to pay them holiday pay. 

Overtime and Double Time 
For many industries, the holidays mean longer hours and lots of overtime opportunities for employees. 

• Keep Track. With the chaos of the holidays it may be difficult for you to accurately track employees’ overtime hours. Plan ahead by informing your managers, supervisors, and employees of the organization’s policies and procedures regarding overtime. Remember, holiday craze isn’t a defense to a wage and hour claim. 
• Equal Opportunity. Oftentimes employees desperately want to earn extra money during the holiday season. You need to make sure that managers aren’t giving the extra earning opportunities to their “favorites” or excluding certain classes of workers (e.g. women, older workers, etc.). If you have a policy dictating how overtime and/or the opportunity to earn double pay is determined – follow it! 

In short, you don’t have to be a Grinch this holiday season; but be prepared and make wise choices. Nobody wants the gift of a claim or a lawsuit! 

© 2013 ePlace Solutions, Inc.

Message to Managers – Lead by Example

Manager Training This Way

Guidance for Trainer 
This training is provided to facilitate talking with your managers and supervisors about their responsibility to lead by example. Often, the best time to review the subject is during regular weekly or monthly meetings. Review the following examples with your managers, considering your specific environment and industry. Make sure your managers are aware of your expectations and the consequences for failing to meet those expectations. 

How to Lead by Example 
As managers and supervisors, you’re the face of the organization. Employees look to you for instruction and guidance. Accordingly, if you fail to lead by example, you’re doing a great disservice to both the employee and the organization. Managers who fail to abide by the organization’s policies and procedures will be subject to discipline. 

Review the two hypothetical scenarios below and think about how you’d have handled the situation. Next, consider whether your actions would've set a good example for your subordinates. 

•  You walk into the break room and notice a group of employees staring at a cell phone laughing hysterically. You approach the group and notice that they’re watching an online video poking fun at people in wheelchairs. The video features a well-known comedian and even though you know it’s inappropriate, you think it’s pretty funny. 

What kind of example will you set? What did you decide? Did you laugh? Or did you ask the employees to turn off the video?
It should be readily apparent to you that joking about disabled persons isn't appropriate for the workplace. Take this opportunity to remind the group that this type of behavior is unacceptable at work and require that they immediately turn off the video. Laughing would send the wrong message to your employees and undermine the organization’s commitment to providing a harassment-free working environment. 

•  It’s Super Bowl Sunday and you’re the only manager working. Your favorite team’s playing and you’re dying to check the score. There’s a strict policy against using the organization’s computers for personal use, including searching the internet or streaming videos. Likewise, the organization prohibits use of personal mobile devices during working hours. An employee comes into your office and asks if you could check the score of the game on your computer or cell phone. You could easily check and you know the employee won’t tell on you – they want to know as much as you do! 

What should you do? What did you decide? Did you quickly do an internet search? Or did you tell the employee “no”? 
As tempting as it might be, you can’t violate company policy. Sympathize with the employee and remind them of the organization’s policy. Tell the employee that you’ll check your phone on a break or after your shift and let them know about the game. It’s not always easy to do the right thing; however, if you fail to lead by example, your ability to enforce workplace policies and your credibility as a manager will be jeopardized. 

ePlace Solutions 2013

The Mobile Device has Replaced the Water Cooler as the Center for Employee Gossip and Distraction

Keeping a watchful eye on today’s workforce can be challenging. Gone are the days where groups of employees would congregate around the water cooler to discuss the latest gossip or swap stories about the weekend’s best parties. The gossip and loss of valuable work time continues – it’s just not as obvious. Employees today are tweeting, posting, texting, uploading, playing, etc. on their mobile devices constantly throughout the day. Get control of this modern day water cooler by following the steps outlined below. 

Implement a Mobile Device Use Policy 
The employer controls the work environment. It’s well within your organization’s prerogative to prohibit the use of mobile devices during working hours. If an absolute prohibition is too strict for your organization, then craft a policy that clearly sets forth the acceptable circumstances when an employee is permitted to use their mobile device (i.e., during breaks, in an emergency, etc.). Remember the more exceptions, the harder it will be to monitor and enforce the policy. Your policy should be in writing and distributed to all employees with an acknowledgment of receipt. 

Enforce the Policy 
Preparing and distributing a policy is the easy part – enforcing the policy is the challenge. 

•  Train Managers: If the policy is to work, all managers and supervisors must understand the parameters of the policy and the consequences for violating the policy. Most importantly, managers will need to set a good example. If a manager is seen texting or playing their favorite app during the workday, employees will likely determine that the organization isn't really serious about the use policy. 

•  Consistent Discipline: As with any policy, enforcement must be consistent. Don’t allow certain employees more freedom than others. Don’t discipline some, but not all, for violating the policy. If discipline is inconsistent, it may create the appearance of unlawful discrimination or favoritism. 

 Review and Update 
Technology changes fast and your policy should change with it. Make sure to periodically review your policy to ensure that it’s appropriate given the latest technology. If you modify the policy, re-distribute it to employees and highlight the changes. 

Be Observant 
Just as in the past, the approaching manager or supervisor can still cause the gossipers to stop and get back to work. It may not be as easy as spotting a group around the water cooler but it isn't impossible. Watch your employees, make your presence known. It will be much more difficult to sneak a tweet or text if they know that you’re watching and monitoring their behavior. 

ePlace Solutions 2013