Employee Breaks and Your Business

Breaks are important to your employees, but those breaks have an effect on your business.

Alice has been helping customers for nearly four hours straight. She gets into an argument with a customer. That argument escalates quickly and a supervisor then gets involved. Things are deescalated, the customer leaves angry, and Alice gets a tongue lashing from her supervisor.

The situation described above has been played out many times in many businesses. Ask yourself this question:

Who's at fault for the above situation?

Everyone will have his or her answer based on their own personal experiences and practices. My answer is simple; it is the supervisor's fault. People are human and they need to be recognized as such. Alice should have not been helping customers for nearly four hours without a break. Despise all of the training provided, it was the fault of the supervisor for not treating Alice as a human that lead to this situation.

Let's take a moment and see how employee breaks effect the business and the employees:

Effects of Breaks on Business

Employees are only productive when they are working. When employees are productive, business is able to get done. When an employee is on break, they are not being productive, but they are still getting paid (outside of a unpaid lunch break).

Effects of Breaks on Employees

When an employee goes on break, they are able to "wind down" and decompress. They take a few minutes to relax and socialize, read, get some refreshment, or step away. This helps employees feel rejuvenated and refreshed. Breaks are just as much mental as they are physical.

State laws vary with this issue. For example, one State says that an employer must give its employee a 10 minute break every four hours and a 30 minute lunch break if working more than six hours. Typical employment law does not take into account the various industries, the type of work being done, and the mental/physical stress on employees.

Perplexing Facts

• Businesses want employees to be highly productive for the maximum time possible.
• Most employees want to be highly productive and do quality work. If a business has employees that don't meet this criteria, then they should find ones who do.
• Employees are humans and humans need time to re-energize, refocus, regroup, and refresh.
• Employees who are given shorter periods of time to work between breaks are typically more productive, effective, energized, and focused. They tend to be highly productive.
• Giving employees the opportunity to be highly productive and appreciating them as humans, will improve morale and decrease turnover. This saves the business money.

In order for businesses to achieve a high level of productivity from its employees and for employees to produce at a high level with high quality work, here is my recommendation:

• Employees get a 10 minute break every 2 hours
• Employees who work 8 hours should get a 30 minute unpaid lunch break every four hours
• Employees who work six hours get one 10 minute break after two hours worked and another 20 minute food break after their next two hours

You should always check with local state laws before creating a break policy. In addition, some flexibility should be considered based on industry and type of work.

If a business treats their employees well, then it is more likely that those employees will treat the customers well!

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Afraid of Improving Your Employees

Are you afraid of improving your employees skills out of fear that they might leave?

The above question is one that has been pondered by many organizations. Some organizations have minimized training all together in order to keep their employees skill sets limited and thus minimizing their potential to leave for greener pastures. While other organizations have maximized training and the development of their employees while understanding the risks.

This is a discussion that needs to be had within every organization. What is the correct answer? There are four key points that will help any organization formulate the answer for their own situation.

Not All Employees Are the Same

When an employee is hired, nobody knows that employees true potential. When additional responsibilities are given to that employee, an organization is able to begin to see what the employee can offer. When an employee develops new skills through training and professional development, an employer is able to observe the true character and potential of that employee. When some employees are given new skills, they rise to the challenge and embrace the exciting change. These employees are looking to utilize their new found skills. While other employees who are given new skills do nothing with them and go right back to where they were before the new skills were learned. Giving employees new skills is an opportunity for an organization to identify employees with potential and possible future leaders. Not all employees will react to receiving new skills the same way. In regards to their potential, each employee is an individual and should be treated as such.

Resources or Cogs?

Every organization has a different mindset when it comes to their employees. Neither mindset is good or bad. Each mindset is derived from the business goals of the organization.

• Resource - Your employees are the greatest resource within the organization. Identifying, guiding, and developing employees with great potential and placing those employees into the areas of the organization where they can have the biggest impact. This is a process that takes time and some serious investment from the organization. As a resource to the organization, employees are developed and given new skills. Once those new skills are fully utilized, then that employee becomes more valuable to the organization.
• Cog - Your employees have been hired to do a job and it is expect that they will do that job well. Minimal amount of training or investment will be made by the organization as the employee only needs to know what is required for their particular job. Each employee is a cog working within a larger machine. If that cog is no longer effective and productive, then it will be quickly replaced by a new cog. All cogs are replaceable and are expected to burnout after a given amount of time.

Some people may object to employees being treated as a cog in a machine while others may object to investing too much into an expendable resource. As stated earlier, neither mindset is good or bad, but rather how a particular business operates.

Employee Value

Jack has just completed a week long training course. He is excited to begin implementing what he has learned into his job. There is a lack of enthusiasm from his supervisor about Jack's newly acquired skills. Nevertheless, Jack begins utilizing his newly learned skills and sees an increase in his productivity. Jack's confidence grows as he becomes a bigger contributor to the organization. However, as time passes, nothing changes with his job, responsibilities and perceived value. His supervisor did not appear to value the additional training Jack received nor the increased value of Jack himself. By this point, Jack has begun to feel frustrated and under valued. He got hired at a different company where Jack feels they value his skills, talents, and true value. After receiving Jack's two-week-notice, Jack's supervisor says to him, "I don't understand what happened. I thought everything was going as it always has." Jack then turned and said to his supervisor, "if that is what you think, then you don't know me."

When an employee receives training that adds to their professional skill set, they perceive that they become more valuable to the organization. If the organization sees that the added skill set did indeed make the employee more valuable, then that perceived value has become a reality and must be recognized. Recognition could come in many forms, including, but not limited to, increased responsibility of a leadership nature, monetary bonus, raise in salary, or a promotion. If the employee perceives their increased value, but the organization does not, then that employee-employer relationship will sour quickly and the employee will look for value validation elsewhere.

Succession Plan

What are your organizations future plans for leadership roles? Will those roles be filled with new employees outside of the organization or will those future roles be filled by developing talent within the organization? If an organization plans on filling future leadership roles with in-house talent, then giving employees new skills and knowledge is a critical component. As stated earlier, when you give employees new skills and knowledge through training and professional development, the true character and potential of that employee begins to surface. Once those potential future leaders are identified, then they must be valued and placed on a track of continued development. An organization's in-house talent will already have an understanding of your organization's culture and will be an example to other employees. There is a risk to developing in-house talent as some of that talent the organization has invested in will leave for another opportunity elsewhere. Should an organization only develop in-house talent? No, this tends to create group think and does not lead to new ideas or a fresh approach. It is important to fill some of the leadership roles with outside talent.

Conclusion

Deciding weather to give employees professional development and add to their skill set is a business decision that needs to be made by every organization. This decision should be based on the organizations' business goals and expected outcomes. There is no right or wrong answer to this question. Take a moment to think about this and ask yourself, "am I afraid of improving my employees?"

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I Quit . . . It Began With a Toxic Employee

This is my personal example of how toxic employees hurt organizations.

Many years ago I worked for a new company that was growing fast! It had amazing potential and was just beginning to develop its own unique culture that was different from similar companies within the same industry. My stock in the company was rising quickly. Within six months of being hired, I was being considered for promotion. I loved my job and the people I worked with!

One of my co-workers was rewarded with the promotion that I was seeking. This only helped me work harder and really focused me on being even more productive at my job. My co-worker who was promoted became my supervisor, but we were still close friends. One day, my supervisor came to me and told me that one of my other co-workers came to him and told him various things about me that he knew were not true. He could not figure out why one of my co-workers would try to discredit me so badly.

It was a couple of weeks later that things became more clear. My supervisor came to me and told me that the came co-worker who attempted to discredit me, had just done the same thing to another of his co-workers. It had become obvious that this co-worker was a toxic employee. He was upset that he was not considered for the promotion, so his goal was to discredit all of the co-workers he viewed as competition.

All of the signs of a toxic employee were there:

• He spread gossip about other co-workers
• Did not care about his co-workers
• Only worked hard when somebody was looking
• He was over-confident
• Said, "that's their problem", "this is stupid", and "that's not my job"
• Pushed his work on other co-workers
• He bullied other co-workers

How companies deal with toxic employees says a lot about the company itself, but it also has a huge effect on its culture. After many complaints about this toxic employee, the company finally responded . . . they promoted him. This toxic employee was promoted into a newly created position and given the chance to work from home 50% of the time.

It turned out that this type of decision making was taking place throughout the company. Toxic employee were being rewarded for their "efforts" in multiple departments. Promoting and rewarding this type of behavior had a ripple effect throughout the company. It was the change to the culture of the company that was most noticeable. Rather than being unique, in a positive way, within their industry, the company earned the reputation as being one of the worst organizations to work for.

If the company would have tried to correct the behavior of these toxic employees or simply terminated their employment with the organization, things might have turned out different. However, as the situation was, during the next few months, many of the effective and productive employees found new places for employment, including myself.

Good and productive employees don't want to work with toxic employees who suck the life out of a company. If there are toxic employees within your company, it is vital that you act quickly to correct the situation. Otherwise, they will have a negative effect on the culture of your company and your best employees will leave.

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Using PTO During Inclement Weather

What are your policies for unpredictable time off?

Winter’s here and while it may not be a popular decision, employers can, in some cases, make workers use paid time off (PTO) when severe climate conditions hit and employees can’t get into work, according to a SHRM article.

One legal expert in the article noted that short of a state law prohibition or a written company policy that says otherwise, if the business is open, an employer can make an employee use PTO.  This typically only applies to exempt employees, not non-exempt workers who are only paid if they come to work.

Should the weather become a problem and an employer closes down for a few days as a result, then it has to pay an exempt worker their full salary if the worker has done or eventually does any work at all during the week, no matter where it takes place.

Experts in the article noted that creating a solid “inclement weather policy” is critical, so there is little confusion should bad weather interrupt the work week. Any policy must detail rules for exempt and non-exempt employees.

If an employer is going to invoke PTO use as a possibility for weather-related lost work time, should a business remain open, then that specific information must be spelled out clearly in an effective, legally sound policy. Of course, the same expert warned that invoking PTO under these circumstances could negatively impact worker morale.

Apart from a clear policy on PTO and bad weather, there is also the issue of employee safety. An employer will not want to take responsibility if an employee is ordered to work by a manager during risky weather conditions and the employee has an accident en route. In the end, common sense – and a clear policy on PTO and time off for bad weather – should rule, say experts.

(SHRM website)

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The Company Holiday Party - Tips to Help Avoid Liability

Allowing Everyone To Fit

The holiday party season is in full swing, and employers and employees alike are in the spirit to celebrate and unwind. Unfortunately, what makes for a fun holiday party doesn’t always jibe with company standards for professionalism in the workplace. An employer is just as legally accountable for what happens at the holiday party as it is for what happens around the water cooler. It shouldn’t come as a surprise, then, that holiday parties have been known to produce a lawsuit or two. Here are some tips to help avoid beginning your new year with litigation.

1. Train/Warn Employees Beforehand. Your company’s policies and expectations for employee conduct are fully effective at the holiday party, and your employees need to know and understand this. Shortly before the party, an employer should consider sending out a memo to its employees reminding them of the company’s policies on harassment and discrimination, as well as any workplace code of conduct or expectations. Also explain to employees that the company’s policies apply to company-sponsored social events in the office and outside of the office. Clearly state that any before-party or after-party is not sponsored by the company.

2. Alcohol. Clearly, not serving alcohol at the holiday party is the best way to go. Advising your employees that they are not permitted to bring their own alcohol is also smart. If you do allow alcohol at your holiday party, make sure you’ve hired an outside service provider to handle the bartending and related duties. Prohibit your management staff from serving alcohol to employees. Ensure there are a wide variety of non-alcoholic drink options available, including “mocktails.” Explicitly instruct service personnel not to serve anyone who appears intoxicated. Ask the bartenders to mix “weak” drinks. If the company is paying for the drinks, provide each employee with one or two drink tickets, and require employees to pay for any additional drinks. Cut off the alcohol service at least one or two hours before the end of the party. Provide alternative transportation home such as a shuttle service. At the very least, organize a carpool with volunteer sober-drivers. Drivers should be instructed to drop off employees at their homes and nowhere else.

3. Keep it Secular. Unless your company has a legal religious exemption from employment laws, avoid company references to specific religions or religious practices. Title VII of the Civil Rights Act of 1964 prohibits religious discrimination and requires employers to accommodate employees’ religious beliefs. Beyond this legal requirement, taking religion out of the equation ensures that all employees will feel included, regardless of their beliefs.

Make your “Christmas Party” a “Holiday Party.” When decorating, opt for seasonal as opposed to religious imagery. For example, choose pine trees, snowflakes, and poinsettias over nativity scenes and menorahs. Think of the party as a yearly celebration of the company and a "thank you" to employees. While the timing happens to coincide with many religious happenings, keep the company party strictly secular. This includes all music, gifts, decorations, and topics of conversation!

4. No Racy Gifts, Games, or Gab. Holiday parties can become increasingly racy or controversial as the night wears on and employees’ inhibitions are lowered (and alcohol greases those wheels!). Gifts and games are not uncommon, and they often veer toward the inappropriate, as do topics of conversation. While there’s only so much a company can do about this, train your management-level employees to be on the lookout for such happenings and politely shut them down before they get out of hand. Just like in the workplace, managers with knowledge of inappropriate conduct are lawfully required to take appropriate measures to stop it and address the problem. Failure to do so because the conduct occurred at the holiday party will not fly in the courtroom.

5. Make it Absolutely Voluntary. Do not require your employees to attend. Do not pressure your employees to attend. Do not insinuate, even in the slightest way, that failure to attend will adversely impact or reflect poorly on an employee. 

Workers’ Compensation
Several states have statutes that specifically address employee injuries from recreational or social activities. Some states limit the employee’s recovery to those activities for which the employee is paid to participate. Other states allow employees to recover compensation if the employee’s participation was specifically directed by the employer. Much of the analysis turns on the laws of the applicable jurisdiction and cannot be addressed without specific knowledge of the facts involved.

But workers’ compensation laws often contain exceptions. For example, if the employee was ordered to participate or was paid wages or expenses while participating, then the employee may recover. Additionally, employees may recover if the injury occurred on the employer’s premises, the premises contained a known unsafe condition, the employer knew employees were participating in the activity, and the employer failed to stop the activity or cure the unsafe condition.

Personal Injury

Depending on the particular circumstances and state law, employers may face liability for negligent acts of the employee at a social event. For example, an employee hosts an annual holiday party to show its appreciation for its clients. After drinking too much at the client party, an employee causes an automobile accident. In some states, the employer may be liable for injuries caused by its employee.

Finally, employers may face liability for employees attending outside events. For example, an employer who requires employees to attend a party sponsored by a customer may be liable if the employee commits an actionable intentional or negligent act while at the event. Courts have found that the employer is liable because it stands to benefit from the customer’s goodwill generated by the employees’ attendance.

6. Respond Promptly to Post-Party Concerns. It’s not unusual for a company to learn of a potential problem a week or two after the holiday party. Have management appropriately trained and ready to respond to any concerns that are raised by employees or their party guests. How a company responds to an employee’s concerns about inappropriate workplace behavior can significantly impact whether that employee ultimately seeks out an attorney and pursues litigation. Furthermore, if an employee does sue the company, a prompt and appropriate company response to the employee’s complaint can provide a solid defense to a discrimination or harassment claim.

Potential Claims

No matter how well intentioned, office holiday parties tend to encourage employees to behave in ways that they normally would not when at work. Despite your best efforts to train supervisors and instruct your employees, someone is bound to forget about the employer’s anti-discrimination and anti-harassment policies as well as its more general code of conduct, all of which apply and must be enforced at any company-sponsored holiday party. In summary, employers should consider the following steps to reduce the risks of an employee violating these policies at the holiday party:

• Confirm that your insurance policies cover your holiday party.
• Remind employees of the company’s code of conduct as well as its anti-discrimination and anti-harassment policies the week before the holiday party.
• Remind employees that these policies apply to company-sponsored social events both inside and outside of the office.
• Remind employees that they will be subject to discipline if they violate these policies during the holiday party.
• Remind employees that any “after party” is not sponsored by the company.
• Remind supervisors of these policies and what to do if they learn of or witness any potential violation of these policies during the holiday party.
• Consider inviting spouses and partners of employees to the party to potentially assist in reducing flirting and other possible harassment issues.
• Consider implementing a dress code that maintains a professional environment.
• If there will be gift exchanges, "legal" raffles or drawings for prizes, white elephant gifts, etc. make sure that All staff, even those who chose not to attend in the party, have an equal opportunity to share and participate if they wish.  Send and invitation to all and request an RSVP.
• Exclude no one, even if they do not choose to reply or participate. They are all valuable members of your team! 

Image from: coverlayout.com

No amount of precautionary steps will entirely eliminate the risk of employee lawsuits associated with the holiday party but be sure to take the appropriate steps to minimize liability. The same is true for the workplace in general. Your holiday party can be a great success and an opportunity to boost employee morale and regroup for the new year. Have a happy and safe holiday season!

Also see: Remind Staff about Holiday Decoration Safety Rules

Sources: http://www.dickinsonlaw.com, http://www.shrm.org/, http://www.constangy.com/, HCSI 

For more information on this and other healthcare compliance topics related to HIPAA, OSHA, Medicare and HR, simply email your questions to support@hcsiinc.com, 
visit our website at http://www.hcsiinc.com or post a question on our LinkedIn group at: http://bit.ly/1FWmtq6

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Economic Growth Fuels High Employee Turnover

With the economy on the upturn, talent retention is coming to the forefront for employers

A New York Times article cites the 2015 Deloitte survey of more than 3,300 business and HR leaders in 106 countries that found retaining talent was seen as the most important challenge, edging out developing leadership, which has been a long-time top concern.

Also, a study from Spherion of 225 HR managers mentioned in the Times article said far fewer employers were concerned about employee costs in 2015 compared to 2014. One-third of managers, however, said that after finding skilled workers, which is the #1 concern, came turnover and retention. Last year, only 25% had the same concern.

“It’s the No. 1 issue for H.R. professionals,” Chason Hecht, president of Retensa, an employee retention consulting firm, told the Times. Hecht said the problem was “pervasive across industries, but some are hit harder than others”, like healthcare. For healthcare, the main challenge is sourcing and keeping workers to serve an increasingly aging population, who have more health-related issues.

“In my experience, doing this for 15 years, this is the first time it has scored this high,” Josh Bersin, founder of the research firm Bersin by Deloitte and one of the report’s authors, told the Times.

Hayes MacArthur, an HR executive from EisnerAmper, an accounting firm with a workforce of more than 1,300, told the Times that apart from strategies such as reinventing performance reviews and doing exit interviews, one effective strategy is following up with departed talent months later to try to see if they will return to the fold. “When someone returns, it sends a great message to the rest of the firm,” he told the Times.

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7 Signs an Employee is About to Quit

It is important to be proactive when you believe an employee is going to quit.

Jack has worked at his current position for more than five years. Today, Jack walked into his supervisor’s office and gave his notice that he will be leaving his current position in two weeks. His supervisor was very surprised at the news. Jack is an important part of what the company does and his leaving is going to affect the company in a negative way. Jack’s supervisor knows that it will take some time to replace him and then even longer to train the new hire. This will have a negative impact on the company for the next few months . . . at least! Unfortunately, Jack’s supervisor did not recognize the warning signs of Jack’s intent to find a new job. If he had, this situation could have been averted or prepared for.

Employee retention is an ongoing effort of every organization. They want to keep the best talent and the brightest employees. However, companies do recognize that they are not going to be able to keep everybody. When an employee does intend to leave, there are some signs that could give a company some awareness of that intention, before the employee actually quits.

1. Sloppy Work Habits – the best employees’ are consistent and complete high quality work on time. An occasional slip-up could mean nothing, but the company should begin to have concerns when prolonged lapses in quality or efficiency begin to happen. This could be an indication that the employee has grown tired of their work and has become disengaged from the company.
2. Attendance – Employees typically maintain the same schedule when they arrive to work and when they leave. If an employee begins to arrive to work earlier than usual or leave earlier than usual on a regular basis and begin taking random days off, this could be a warning sign that they are taking time out of their day to attend interviews. Taking random days off could also be a sign that the employee is trying to use up any remaining paid-time-off before quitting.
3. Appearance – Employees will usually wear the same type of clothes to work every day. If the organization does not require employees to wear a tie and an employee suddenly begins to wear one, then the employee should take notice. Does the day the employee upgraded their wardrobe also coincide with a day they slightly adjusted their schedule?
4. Isolation – You don’t want to jump to conclusions, but an employee who takes frequent trips away from his or her desk to seek solitude might be a sign that they are fielding calls from potential employers. It could also be a sign that they are dealing with a personal issue that is conflicting with work.
5. Life Changes – Birth of a child, loss of a loved one, marriage, divorce, sudden illness requiring on-going medical treatment are all life changes that could alter and employees’ career. These changes offer an opportunity to the employer to have a meeting with the employee to discuss future work plans. Failing to do so could end in the company scrambling to fill a big and unexpected vacancy.
6. Out-of-Character Complaining – Happy workers usually don’t make their negative feelings known to other workers. If an employee develops a surly personality and begins complaining about other co-workers or processes, this could be a hint that something is not right. This shows that the employee has become disenchanted with his or her work and the grumblings could have an effect on other employees’ attitudes.
7. Distancing – If an employee appears to separating or distancing him or herself from co-workers, this could be an indication that the employee has begun disconnecting from fellow co-workers in anticipation of their imminent leave. This type of behavior is also noticeable during meetings where the employee appears disengaged.

In order for a company to keep the best talent and brightest employees, its supervisors need to be able to recognize when an employee is preparing to quit. If a supervisor has cause to think a valuable employee might be on their way out, the correct course of action would be to have a meeting with the employee to discuss the supervisor’s concerns. If the employee does intend to leave, then the company can begin the hiring process. This meeting might also be an opportunity for the company to make some changes in pay, benefits, work schedule, etc. in order to keep the valued employee.

If this article was helpful, you may also want to read about employee burnout at: http://bit.ly/1PCFgd7

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Truth about Employee Referrals

Employee referral programs can be effective, but they must allow for personal accountability.

Tina has been working in her current position for about three years. About six months ago, Tina’s friend Amy was hired into the organization. This hire was based largely on Tina’s referral. Amy was happy to have a job and Tina enjoyed the $100 bonus she received due to the organizational employee referral program. However, things have changed. Amy’s performance is not very impressive and the organization is talking about terminating her employment by the end of the week. In conjunction with Amy’s poor performance, the organization has begun looking at Tina in a different light. Tina’s supervisors have started being more critical of her performance and she is feeling the pressure. Nothing in Tina’s performance has changed for the negative since Amy’s hire, but the perception of Tina has been affected.

Employee referral is an internal recruitment method employed by organizations to identify potential candidates from their existing employees’ social networks. An employee referral program encourages a company's existing employees to select and recruit the suitable candidates from their social networks. Typically, when a new hire is brought into the organization and an employee referral was the source of that hire, then the referring employee would receive some sort of “reward” (monetary, gift card, event tickets, etc.) for that referral. This type of program usually works well as social connections already exist as does a certain level of trust.

• Documentation – An employee referral program needs to be detailed and in writing.

• Expectations – It is important that each employee understand the type of person and the character of a person the organization is looking for.

• Personal Accountability – When somebody is referred and hired into an organization, that organization must hold the newly hired employee and the original employee accountable for their own performance. If the newly hired employee does not perform well, then that cannot be a representation of the original employee. This accountability should begin with the first interview. The referral got the person into the door, but from then on, it is up to the individual to get the job and, if hired, perform well.

There is however, another side of employee referrals that has become an issue in recent years. When a company hires somebody who another employee has referred, far too often, the fate of both employees become intertwined. If the new employee does well, then the organization will look favorable upon the original employee. However, if the newly hired employee’s performance falters, then the organization begins to think differently and more critically about the original employee. This is big reason why people, in general, hesitate referring anybody to their organization. If somebody works in an organization knows of a job opening within that organization, they are most likely going to stay quiet about it. Staying quiet is a lot safer for them and their job status. Rather than risk “rocking-the-boat” the employee will look away as unemployed and talented people around them look for a job.

If you want to have a successful employee referral program, then these are the attributes that must be a part of it:

If your organization has an effective employee referral program, then it will be a valuable tool for you to use when filling open positions. Happy and energetic employees will refer people they know and this could bring in new employees who have wonderful talents and will contribute greatly to the success of your organization.

For more information or questions on this topic, please feel free to email me at jhuff@hcsiinc.com

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Do You Truly Understand the ADA?

Understanding the ADA and how it applies to your office will help you and your organization.

The Americans with Disabilities Act (ADA) is intended to enhance and protect the rights of individuals with disabilities in all life activities and to provide clear, consistent, enforceable standards for addressing discrimination against individuals with disabilities.

A disability under the ADA is defined as a known physical or mental impairment which substantially limits one or more of an individual’s major life activities. Individuals are also entitled to protection under the law if they have a record of such an impairment, are regarded as having such an impairment but who are not disabled, or have an association of an individual with a disability.

The Act is comprised of five separate titles which prohibit discrimination in employment, transportation, public accommodations, and telecommunications, as well as several other miscellaneous areas. Title I, employment, and Title II, public accommodations, have the greatest impact on employees and job applicants.

The employment title ensures that qualified individuals with disabilities, including both applicants and current employees, have available to them the same employment opportunities as people without disabilities. It includes, but is not limited to, the following areas:

• Hiring (application procedures, recruitment, etc.)
• Promotion and transfers
• Discharge (layoffs, terminations, rehires, etc.)
• All forms of compensation
• Job training
• Fringe benefits
• Job descriptions/classification
• All leaves of absence
• Other aspects of employment

When working with a quailed individual with a disability, employers are required to determine whether there are any reasonable accommodations that could be made which would allow the individual to compete on the same level as those without disabilities.

Having an understanding of the ADA requirements will enable you to properly implement those requirements into your organization.

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Top 10 Checklist When Firing an Employee

Employee terminations have an impact on everyone within the organization

The key to a “successful termination” begins with hiring and continues throughout the employer/employee relationship. Performance reviews also play a critical role in a “successful termination”, but the actual process of termination is what stays on everyone’s mind the longest time.

Here is a checklist to follow when firing an employee:

• Decide exactly, and succinctly, why you want to fire the employee.
• Compare your reasons for wanting to fire the employee with the job descriptions for that employee’s position. Does at least one of your reasons include that the employee is actually not doing the job properly?
• If the employee is working pursuant to a contract, you must comply with the terms of the contract having to do with termination; otherwise you may be in breach of contract.
• Inform the employee as to the reason behind their termination. This should be presented to them in writing (termination letter) at the time the firing occurs. The termination should occur in a private area. Be sure to have a witness with you during this time, but the witness should not be a co-worker or manager of the employee being fired.
• After you tell the employee why they are being fired, allow them to tell you any defenses or other responses they have to your reasons for termination. It just may be that you are making a mistake or the employee may confirm your decision to fire them.
• Make sure the employees’ files include a copy of the termination letter. In addition, add an additional note outlining what the employee said in their defense.
• Be sure all wages, benefits, property, or other items belonging to the employee or to which the employee is entitled are given to the employee when they are notified of their firing.
• At all stages of the termination process, treat the employee with common respect and courtesy.
• Never do anything to humiliate the employee. Simply being fired is humiliation enough for an employee.
• In general, the less said to co-workers and other employees the better. It is important to notify them of the firing, but you do not want to infringe on the terminated employee’s privacy.

Firing an employee is not a pleasant thing. However, being confident in your decision, following proper procedures, and keeping objective records of the decision and the event can put you in the best position possible in case the employee later makes accusations against you, or if they decide to pursue legal action.

For more information on this and other topics related to HR, HIPAA, OSHA, and Medicare, please emailsupport@hcsiinc.com or visit our website at http://www.hcsiinc.com

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Employee Violence in the Workplace: Part 3

How violent acts effect your organization

Once a violent situation occurs in a workplace, the overall impact of that action is difficult if not impossible to calculate.

Workplace violence has a lasting effect on an organization. Time, productivity, organizational culture, and money are all negatively affected by these situations. In addition, the impact on the employees and their families will have an impact on the organization as a whole. Criminal actions may involve law enforcement with jurisdiction to interview witnesses and make arrests. OSHA and other government agencies may have authority to conduct their own investigation with possible citations, penalties, and possible criminal sanctions.

Just as the impact on the organization can be a lasting one, the impact on the employees and their families can be physical, mental, emotional, economic, and even catastrophic. Special concerns for security, liability, management issues, performance issues, and physical/mental health care are at the forefront for victims of workplace violence. Employees who are victims of workplace violence may miss work, move more slowly, or feel unable to complete their assigned tasks.

Acts of violence in the workplace can result in various legal actions taken against employers. Potential areas for litigation or charges may include the following:

• Civil action for negligent hiring, retention, or supervision
• Workers’ compensation claims
• Third-party negligence claims for damages
• Requests for leave under the FMLA
• Claims resulting in mental impairments
• OSHA citations, fines, or criminal charges

Workplace violence can be damaging for the organization and the victim alike. It is important to take proactive steps that will help prevent this type of behavior:

• Review company policies on workplace violence
• Train supervisors to avoid negligent hiring and retention
• Communicate the emergency action plan to all personnel and related agencies and take time to practice your emergency action plan
• Train employees in CPR and first aid
• Offer an employee assistance program

Take the time to have policies, procedures, training, and open communication in place for a workplace violence situation. These actions will help prevent a possible workplace violence act in the future.

For more information on this and other HR, HIPAA, OSHA, and Medicare related topics, email support@hcsiinc.com or visit our web site at http://www.hcsiinc.com

Source: http://bit.ly/1Az0E87

Employee Violence in the Workplace Part 1

Employee Violence in the Workplace Part 2

Employee Violence in the Workplace: Part 2

Potentially Violent Employee Identified . . . Now what?

In part 1 of the Employee Violence in the Workplace series, we identified the 10 possible signs an employee might become violent. Then the question is, “what do I do if I suspect that one of my employees might become violent?”

John is Bill’s immediate supervisor. For a couple of weeks now, Bill has shown signs that he might become violent. John is aware of this situation and has decided to “keep an eye on the situation”. About a month later, Bill has an outburst and assaults a co-worker. After the incident, John reports to his supervisor that he was “keeping an eye on the situation”. John and Bill are both fired and the organization now has possible legal action pending against them.

If you suspect that one of your employees might become violent, then action must be taken.

Here are the steps to take if you suspect one of your employees might become violent:

1. Document your findings and detail the reason behind your suspicion.
2. Notify your immediate supervisor of the situation and your action plan moving forward.
3. Have a meeting between you, the suspected employee, and a witness (your supervisor or a manager from another department). During this meeting, talk with the suspected employee about your observations and how they are effecting their performance in the workplace. Show empathy and do a lot more listening than talking. Do not tell the employee that you suspect them of becoming violent, but ensure they understand the changes you have noticed.
4. Talk with your supervisor about the meeting with the employee and discuss options. Some options might include a change of position (horizontal) within the organization, a few days of paid time off, etc.
5. Have a second meeting between you, the suspected employee, and a witness (your supervisor or a manager from another department). During this meeting, review what was discussed at the previous meeting with the employee and the steps the organization is going to take moving forward.
6. Document all actions taken and conversations that have occurred since step 1.

While nothing is guaranteed, following these six step will help protect your organization from possible violence and legal action. Your organization is not only protecting itself and the other employees, it is also creating a culture within where employees will feel more open to the idea of approaching their supervisor if they are having problems in the workplace or at home. This open communication will help avoid potentially violent workplace situations in the future.

Coming soon: Part 3 in this series of Employee Violence in the Workplace – How violent acts affect your organization.

For more information on this and other HR, HIPAA, OSHA, and Medicare related topics, email support@hcsiinc.com or visit our web site at http://www.hcsiinc.com

Other related topics:

Employee Violence in the Workplace Part 1