January 12, 2012

Toxic Personalities at Work: Your Roadblock to Innovation

Filed under: Discipline & Termination,Management Practices — Olivia @ 8:18 am

Here we are, almost half-way through the first month of the New Year.  Did you take some advice from Joyce, and set some resolutions at the office?  Physical change is difficult – quitting smoking or losing weight – but resolving to change something about your personality (and sticking to it) can be an even bigger challenge.

But, if you’re one of the 10 most unwanted personalities at work, you may want to renew your efforts to change in 2012.  That’s one of the takeaways from the leaders at Maddock Douglas, a consulting company that specializes in innovations and new product launches.  They assert that if you can’t change them, fire them.

  • Victims – “Victims are people who see problems as occasions for persecution rather than challenges to overcome. We all play the role of victim occasionally, but for some, it has turned into a way of life.”
  • The Nonbelievers – “In our experience, we’ve found the link between believing and succeeding incredibly powerful and real. Great leaders understand this.”
  • The Know-It-Alls – “The best innovators are learners, not knowers. The same can be said about innovative cultures; they are learning cultures.”

If you’re not convinced of how important it is to address these people, consider these quotes.

“There is no reason anyone would want a computer in their home.” Ken Olson, president, chairman and founder of Digital Equipment Corp., 1977

“Stocks have reached what looks like a permanently high plateau.” Irving Fisher, Professor of Economics, Yale University, 1929.

“Louis Pasteur’s theory of germs is ridiculous fiction.” Pierre Pachet, Professor of Physiology at Toulouse, 1872

Source: Bloomberg Business Week – Three Types of Personalities to Fire Immediately

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November 11, 2011

HR Fact Friday: Employment Termination 101

Filed under: Discipline & Termination,Legal Issues — Paul @ 6:00 am

No one likes to do it, but pretty much everyone has to do it once it a while.  There probably are lots of things about which this statement is true, but certainly for employers it is true about having to fire an employee.  There are many questions regarding what legal risks there are related to terminating someone’s employment.  Of course, the facts of each situation are important and help determine the risk analysis.  However, there are basic considerations that apply to almost every discharge. Here are some helpful tips for your review.  Tips for Termination.

 

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May 3, 2011

What is the “Cat’s Paw” Doctrine?

Filed under: Discipline & Termination,General HR Buzz — Monica @ 9:26 am

Have you been wondering what all the discussion about “cat’s paw” is about?  The principle was relatively unknown in HR circles until a recent U.S. Supreme Court ruling.

On March 1, 2011, the Supreme Court issued its decision in Staub v. Proctor Hospital, addressing for the first time the “cat’s paw” doctrine of employer liability in discrimination cases. Under the cat’s paw doctrine, an employee seeks to hold his employer liable based on the discriminatory intent of a supervisor who was not responsible for making the ultimate employment decision. 

In the Staub case, Staub was terminated by the HR manager based on information provided by a direct supervisor and next-level manager who both were hostile to Staub’s military service.

The “cat’s paw” name comes from a fable in which a monkey persuades a cat to steal nuts from a fire.  Once the cat gets the nuts out, the monkey snatches them.  Today, the term “cat’s paw” is generally used to describe a person who is manipulated by another to accomplish his purposes.  

In the employment discrimination context, “cat’s paw” refers to a situation in which a biased lower level supervisor, who lacks decision-making power, uses the formal decision maker in a deliberate scheme to trigger a discriminatory employment action.  

To avoid an adverse ruling based on the cat’s paw doctrine, the employer must show that the adverse action was taken based wholly on information unrelated to the supervisor’s account.

Advice to HR professionals:  do not rely on a supervisor’s account of events.  Conduct a full, objective investigation before taking an adverse employment action.  You must ensure that there is enough independent evidence apart from a supervisor’s word to warrant the adverse action.

Source:  Bracewell & Giuliani LLP

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January 5, 2011

Potentially Groundbreaking Facebook Case

Filed under: Discipline & Termination — Jane @ 3:31 pm

The National Labor Relations Board’s (NLRB’s) Hartford Office has filed a complaint against American Medical Response of Connecticut, Inc. for violating the National Labor Relations Act (NLRA) by firing an employee for posting negative comments about her manager on her Facebook page.   The employee’s coworkers also posted supportive comments on her page, criticizing the manger.   The company’s social networking policy prohibited employees from making demeaning and critical remarks about the organization or its employees on social networking sites.  Such prohibitions included off duty posts on employee’s own personal computers.   This type of policy is quite common.

The issue is:  does the company’s policy violate employees’ Section 7 rights of the NLRA by interfering with the right to engage in “concerted, protected activity.”  In essence, employers may not prohibit employees from communicating with each other about the terms and conditions of employment.   Section 7 applies to both union and nonunion workplaces.   With numerous possible appeals the case could take several years to be resolved.    Stay tuned.

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May 20, 2010

Top Termination Mistakes That Can Make Firing Someone Even Worse Than It Already Is And Put A Sparkle In A Plaintiff Attorney’s Eyes

Filed under: Discipline & Termination — Tags: — Jane @ 10:37 am

Why do some employees sue after being fired? It’s not just luck. Simple employer mistakes can lead to costly results. How an employee is treated at termination can determine whether or not he or she will sue. Focus on the “how” as much as the “what.”

But Managers can make other fundamental mistakes with appraisals as well, they include:

(more…)

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May 13, 2010

So You Have To Fire Someone. Now What?

Filed under: Discipline & Termination,Management Practices — Tags: , — Jane @ 10:27 am

While firing people on TV seems to be fairly easy, terminating somebody for real can be one of the most difficult things a manager has to do. Firing an employee is never easy but a few simple things can make it go more smoothly while at the same time help to shield your organization from potential legal action.

There are at least two very critical overriding issues in a termination:

  • BE PREPARED
  • TERMINATE THE EMPLOYEE, NOT HIS/HER DIGNITY

The termination process should include:

  • Thorough Review of Past Actions. Preparing for a termination may take hours. Conducting the actual termination should take a few minutes.
  • Careful Review Of Documentation. Have the problems been well documented? Does the performance appraisal support the termination? Have you reviewed the employee’s work history?
  • A Consistency Check. Have performance and behavior standards been consistently applied to all similarly situated employees? Have other employees with similar performance records been terminated?
  • A Procedures’ Check. Have your corrective action procedures been followed?
  • An Inspection For Red Flags. Is there a possibility that a discrimination charge could be made or that the employee’s rights could have been violated in any way? Could it even appear that improper action was taken or that your actions could be misinterpreted?

(more…)

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February 19, 2010

HR Fact Friday: Fraud by Employees Common

Filed under: Discipline & Termination,General HR Buzz — Tags: , , — Paul @ 6:00 am

Occupational fraud might be more common than many HR professionals suspect, and some experts argue that the economic downturn might be leading more people to commit fraud because they are facing mounting financial pressure on the home front.

U.S. organizations lose an estimated 7% of revenues to fraud each year, according to the Association of Certified Fraud Examiners’ (ACFE) 2008 Report to the Nation on Occupational Fraud & Abuse. The largest cases occurred in manufacturing, banking and insurance, respectively. The median loss was $175,000, researchers found.

Embezzlement takes many forms, such as stealing cash or diverting resources to pay personal expenses and then trying to hide them as legitimate vendor payments, noted Hubert Klein, a partner at Amper, Politziner & Mattia in Hackensack, NJ.

People in every industry have the capacity to commit fraud, but, according to the ACFE, those in accounting and upper management are most likely to do so. Most are first-time offenders: Only 7% of those caught had prior convictions, and just 12% had been terminated previously by an employer for fraud-related conduct, the researchers found.

Adopt internal controls, a monitoring program and a formal process for investigating anomalies to reduce the risk of fraud. Other recommendations include consulting with an attorney(s) and accountants to set up best practices internal audits and review the organizational structure and controls to make sure employees “aren’t using their expense accounts to pilfer.” Also watch for jobs with troublesome overlapping responsibilities, such as where one person is responsible for paying bills and reconciling bank statements.

Source: HR Magazine, Pamela Babcock, 2/2010, pg 14

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April 15, 2009

Keys to Effective Termination

Filed under: Discipline & Termination — Jane @ 2:00 pm

Employers who handle terminations without a plan or appropriate procedures in place are assuming considerable risk. The goal should be to establish termination procedures that are consistent, well documented and keep subjective actions to a minimum. Good basic Human Resource practices are the key, including:

  • Avoid summary discharge (on the spot terminations). A reasoned and careful investigation should take place before the termination, even if the employee has committed a serious offense or seems to be caught “red-handed.”
  • Prepare and review thoroughly. Remember, fair treatment wins cases.
  • Did the employee understand the rules and standards? Did he have notice or a warning (as appropriate)? Was there an opportunity to improve?
    (more…)
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March 18, 2009

Fired Over Facebook Comments

Filed under: Discipline & Termination — Mike @ 6:17 am

Many people do it, some do it daily – communicating to thousands, or indirectly millions, of people electronically about their daily gripes and complaints on their Facebook page.  As a social networking website, Facebook allows users to connect with old friends, post photos and enter daily thoughts, opinions and musings on their “wall”.

When we’re frustrated about our job, it can help to blow off steam and verbalize all those things we wish we could say at the office.  After all, when we’re on our own time, we can say whatever we want, right?

Not so fast.  The prevalence of social-networking sites and other electronic communications are blurring the line between private and public communication.  Sometimes a gripe that we feel is a private, personal opinion becomes a public slam if enough people access it.  And that is catching employers’ attention.

An employee of the Philadelphia Eagles recently got a lot of attention after he was fired for criticizing his employer on his Facebook page.  The gate worker at the team’s stadium posted an angry, expletive-laced complaint about the team’s failure to re-sign safety Brian Dawkins.  Management found out and fired him for making the team look bad.

A word to all disgruntled Facebookers – think twice before you click that post button.

Source:  FOXNews

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