Return to Work SAFELY Recording

Hello all!

Marc and I shared a bunch of information on returning to work in today’s webinar, including whether temperature checks and welcome back potlucks are good ideas, how cubicles can be spaced, and much, much more.

If you’re in the market to “open” back up and bring people back to the office, take a watch:

 

If you’d like to hear more of our banter, take a listen to the Hostile Work Environment Podcast wherever you get your podcasts.  AND, contact us if you have questions!

Preventing Panic

Knowing that anxiety is high among HR professionals and business owners, Heather Kinzie and I held a coronavirus/COVID-19 conversation about the following questions:

  • What should the employer communicate to its workforce?
  • What health information does the employer have the right to know regarding this issue?
  • What is the employer obligated to pay for?

The recording of a portion of the recording is below.

We’ll hold another one next week at 12 pm CDT/9 am AK.  Just click here at that time.

 

How To Fire

I’m a stereotypical HR lady.  I have two cats, a couple Coach bags, and I like to fire people.  Now, nearly ALL the HR people I know don’t like to fire people, but based only on pop culture, we share the reputation that we like to fire people.  (I actually do, because by the time my client calls me to ask, firing the person is almost always the right decision.  But I digress…)

There comes a time in every HR and management person’s career where they have to fire someone.  There also comes a time when an employment attorney provides advice on how to actually fire someone.  This isn’t necessarily legal advice on whether the term will have legal consequences, but nevertheless, we need to teach people how to fire.   So, without further ado, follow these steps:

  1. Talk with the employee. I ask my clients whether the employee has any idea that they could be fired.  If they don’t, maybe we should step back and go back over performance expectations.  Or, if it is misconduct related, should we give the employee a second (or third) chance?  If the employee knows or the behavior is eggregious, move on to step two.
  2. Gather documents. Hopefully, a manager will have documented conversations with the employee or at least documented expectations the employee was supposed to meet.  If none, ask for some.  Documents can be an email describing conversations, actual write-ups, text messages, or other things that can be printed in some format.  Put all these documents in the employee’s file.
  3. Schedule the termination. No, you don’t have to put the meeting on the employee’s calendar (if they have one), but you need to make sure all the people who need to be there or have post-term action items know of the termination.  This includes the manager, HR, and likely IT. Wednesdays after lunch work best for terminations – the employee has a couple of days to check with an attorney if they believe the termination was unlawful, and more importantly, the team that has just suffered a loss gets two days to recover before the weekend.  If you terminate on a Friday, everyone sits with it all weekend, wondering to themselves what happened, stirring the pot, and potentially causing a bunch more drama.  It’s better to give everyone a couple of days to ask questions, figure out who will take on tasks, etc. before a weekend.  Then, once Monday comes round, the drama has largely dissipated.
  4. Prepare bullets. The manager should be the one actually doing the firing (this is why they make the big bucks), and they’ll need to prepare.  Their bullets will be the expectations the employee didn’t meet, what happened when they didn’t meet those expectations (e.g. impact on the org or team), and the reason for the termination.  HR prepares bullets for what happens after termination like the return of personal belongings, COBRA, what happens with accrued PTO (or vacation and sick time), and severance package information (if any).  Also, prepare for any questions the employee might have that you can anticipate.  Fair warning, people respond to a termination in a bunch of different ways.  You will not be able to anticipate all of them, but knowing the employee will help get you most of the way.
  5. Get together the stuff. Some of the stuff you’ll need to gather include: (1) termination letter; (2) severance agreement (if you want); (3) COBRA notices; (4) box for personal belongings if you want the employee to take their stuff immediately; and (5) information to gather passwords from the employee.  (Talk with IT on this last one.)
  6. Do it. In person.  In private.  If the employee works remotely, schedule a video conference.  No one should get fired over an email, post-it note, or letter alone.  Sometimes, it makes sense to terminate over the phone, but if at all possible, everyone should see the whites of each other’s eyes.
  7. Launch IT. Once you’ve done it, protecting the organization’s trade secrets, confidential information, and other assets (including co-workers) is the top priority.  Contact IT to close down accounts, access, remove access over personal cell phones, or put in motion plans to redirect email and telephone contact from customers, vendors, or other internal folk.  You may even need to talk with security to get keys and/or fobs.  If the organization leases space, tell the landlord who gets access to the building, namely not the fired worker.
  8. Gather their stuff. You can either have the employee pack up their stuff (if they have an office) or pack it up yourself.  If you’re the packer, take pictures of each drawer or shelf before you pack up in case the employee says you forgot something.  This way, you can present pictures to the employee and ask for more specificity as to what they’re looking for.
  9. Talk with the team. When someone gets fired, no matter how much it is needed, the manager and sometimes, HR, needs to meet with the team to go over what happens next.  The manager doesn’t need to share why the term happened in most cases, but easing the minds and anxieties of the team is crucial to getting through the loss.  Be ready with questions about tasks, desk location, and a whole multitude of concerns employees might have.  It’s okay not to know all the answers, but assuring employees you’ll get back to them is crucial.
  10. Regroup. Once the termination is over and maybe even a couple days later, meet with the manager again to go over what could have been done differently – not necessarily better, just differently.  Could have expectations been set better?  Could more discussions could have been had?  Should we shift how tasks are assigned?  This is a really important opportunity to learn something from what just happened.  Don’t skip this step!

No one thinks terminations are actually fun – they’re not.  That said, firing someone is a necessary part of effectively running a business.  Every business.  If you haven’t ever done it, then it’s likely that you should have.  Remember, it is SIGNIFICANTLY more expensive to keep someone around who isn’t meeting expectations or is toxic to your environment.

 

Photo by Ricardo Gomez Angel on Unsplash

Deep Breaths about Wage Theft

As of July 1, 2019, Minnesota’s new Wage Theft Law will go into effect.  If you read anything about this new law, it is easy to assume it places many, many new obligations on employers.  But, like many things, take a deep breath.  The new law isn’t nearly as onerous as you might think.

First, the new law requires employers to follow old laws.  Employers have to pay employees.  Employers have to pay at least minimum wages.  Employers have to pay overtime.   Employers have to have paystubs with a bunch of information on it that specific how the employee earned pay (pay period dates, what is regular pay, what is overtime, what deductions are for, employer name, address, and telephone number, etc.).  None of this is new.  What is new is the amount of penalties that accompany failure to follow these laws.  Those have increased and failure to follow the law could include very real criminal penalties.

Second, if you have offer letters, much of the new “notice” requirements are already in your offer letters.  Start date, how much the employee earns, basis of pay (salary or hourly), when employees will get paid (weekly, biweekly, twice monthly, etc.), exempt vs. nonexempt status, any commission structure (if applicable), what shift the employee is assigned (if applicable), PTO or vacation and sick time accrual, deductions to pay, employer address, and telephone number – these should already be in your offer letter.  The only “new” pieces are when the first payday will be, any allowances (like meals and lodging), and an offer to put the offer letter in a different language if needed.

Third, when employers roll out new policies, you need employees to acknowledge them.  Prior to the new law, employers could roll out new policies without employee acknowledgements.  Now you need them.  To avoid piecemeal acknowledgements, it may be best to review your handbook annually and when updates are necessary, require employees to acknowledge the changes all at the same time once per year.  More frequent changes are going to require more frequent acknowledgements.  This could be a bit of a pain to both do and track.

Fourth, when you change wages, employees need to acknowledge those changes too.  For example, if Jimmy is going to get a raise, you give him a writing (email, letter, performance review) that his wages are increasing and have him acknowledge the increase.  Again, most employers already do this, but now it is mandated by law.

That’s it!  The Wage Theft Law looks like it could be hard to comply with.  But, in reality, it is not as big of a deal as it has been made out to be.  Take a deep breath, you got this.

 

Photo by Pepi Stojanovski on Unsplash

Vote! Vote! Vote!

We’re one week away from the midterm elections.  All of the 435 House of Representatives members are on the ballot.  Thirty-six governorships are on the ballot.  Thirty-five Senate races are on the ballot.  A seemingly countless number of other statewide and local elections are on the ballot.  With this election, a lot is on the ballot.

Here are just a few of the issues on our ballots:

These issues affect our people.  Even if these issues don’t seem to directly affect Jimmy in Accounting or Juan in Shipping, our people are affected by them.  As HR people, we should encourage our people to vote.   We should expect that they might need time off to vote and that our state law may require it.  This year, a record 44% of employers will give paid time off to vote.  Isn’t that cool?

You also need to vote.  You may be able to vote early this week in your state.  Or take the time to vote next week.  Just vote, please.  Pretty please?  (Not that the appearance of the please should make any difference, but if it gets you to vote…)

 

 

Image by me just after early voting.

The First Three of Compliance

My small business clients give me skeptical looks.  I imagine that they are thinking “do I really need to worry about that?” or “my people will never sue me, they love me.” I love these looks because they show that my clients are balancing risk. They are weighing whether they need to worry about compliance (i.e. spend money on an attorney) against whether their failure to be 100 percent compliant will ever rear its ugly (and expensive) head.  I knock on wood with them that the ugly head will remain hidden while preparing for the worst.

No one likes to prepare for the worst, but often we have to.  For employers, the worst includes a lawsuit brought by an employee or an investigation by a government agency. Preparing for the worst includes spending just enough to be compliant and protect the business and its number one asset, employees.  So, for even modest resources, employers need to start somewhere to protect themselves.  Here’s what to start with:

  1. An employee handbook. Every employment lawyer will tell you that the employee handbook is one of the most important documents in any employment or labor law dispute. It is always an exhibit to a deposition. Besides its litigation importance, the handbook contains the most important policy that every employer must have – the harassment policy.   The handbook also describes the work culture both good and bad and sets employee expectations. It is an essential document no matter what type of business you’re in.
  1. Manager training. As I’ve said before, managers need to know enough. They need to know what their role is, what their responsibilities are, what’s in the handbook, and when they need help.  For the smallest companies (under 10 employees), this training doesn’t need to take more than two hours, but it should happen.  There are too many new laws (even the “blacklisting” kind) that could stop a small business from doing business if managers don’t know what they are doing.
  1. Performance management. I know, performance management is a huge topic.  At its core, performance management is simply setting expectations and holding employees accountable.  Large organizations spend millions on fancy apps and software, develop multi-step processes to bring automation and consistency to setting expectations.  Small businesses don’t need to do all that.  When you’re small, you can be more informal.  Set expectations, communicate those expectations, and measure employees against them.  Eventually, you may need to terminate someone for poor performance and if you haven’t set and communicated expectations, you expose your business to more scrutiny, including the lawsuit kind.

Of course, employers need to worry about I-9s, personnel files, proper classification of employees, sick leave requirements, and many, many other things.  But if we have to start somewhere, these three can protect an employer from many risks.  As business takes off, we can dig into all of those other areas.

By the way, my response to the looks is to be as straightforward as I can.  “I’ll help you worry a bit less,” and “Of course they love you, but everyone hires someone who could sue them eventually.”  I promise.

Image from Cindy Tang available at unsplash.com