Avoiding the Top Five “Problem Employees” – Part 2

Part 1 of this series of 5 addressed “The Bad Fit”, this blog will address the #2 type of problem employee – “The Vanishing Act”, or as I like to call them “Houdini’s”.

"POOF!" goes your productivity when your employee is a "Houdini".

Houdini’s are employees that have a tendency to “disappear”.  First, they are often absent physically from their post and second, sometimes they are there in body, but not in mind.  Here are some common types of disappearing acts that you may encounter and how to combat them:

Late Arrivals and Early Departures

No, we are not talking about airline flights!  Many good employees can have a problem making it to work on time, but you first have to think if that is crucial to their position.  Sure, if you are in retail or customer service and your facility opens for customer business at a certain time, it is imperative that employees arrive in a timely fashion.  But, if the employee’s position is more task oriented and they do get all their duties done in their work week, it may not be a point of when they arrive each day.  On the other hand, an employee who is habitually late can have a negative effect on other employees who arrive for work on time. Habitual lateness is like a disease, soon many employees may exhibit tardy behavior.  The same issues occur if you have an employee who leaves early whenever they please.

So, how do you combat this issue.  Well, the first line of defense is a written attendance policy that outlines your expectations and the consequences of violations; from verbal warnings, written warnings, suspensions and possible termination are your reactions to attendance issues.  But, having it in writing is meaningless if you never act on the problems when the arise.

 The Frequent Pee-er

It is hard to believe at times we are not dealing with 2nd graders in the workplace, but there are actually adults to “hide out” in the bathroom to avoid their work – or at least that is what we think.  Standards say:  “The ability to take bathroom breaks should not be considered a privilege. Denying workers their rights to use the bathroom facilities as needed could be to the detriment of a worker’s health. Denying workers the ability to use the restroom when they need to, or with unfair delays or obstacles, is a violation of workers’ rights and an affront to dignity”.  There is not a federal law that specifically applies to the number and duration of bathroom breaks. However, there are Occupational Safety and Health Administration (OSHA) regulations which require employers to provide adequate bathroom facilities, and prevent employers from imposing “unreasonable restrictions” on bathroom use. The intent of these regulations is that employees are able to use bathroom facilities promptly, recognizing that the frequency of bathroom visits necessary may vary among employees, depending on factors such as the temperature, medical conditions and the effects of medication, and fluid intake.

Always, your first defense from abuse is to have a policy, even if it is just a “check-in, check-out” system where an employee has to notify their supervisor when they leave their post or indicate their absence on a department board.  When it comes to addressing  the issue of excessive bathroom breaks, don’t address the frequency or length of time issue, but address the performance issues created from frequent absences from their post.  If necessary, go through the progressive discipline procedures purely based on performance.

Internet Pirate and Social Butterfly

With so many businesses relying on internet access to conduct their day-to-day business, the rise of computer abuse is being felt more and more by employers.  You walk past a department and everyone is at their desk, appearing to work.  But, when you look closer, employees are shopping on the internet, IMing, sending personal e-mails, tweeting or updating their status.  It is hard to believe that the employees don’t understand that what they are really doing is stealing from you – I know that sounds harsh, but in essence, it is what it is.

A way to combat this issue is, yeah, you guessed it – a policy!  It is very important that if your business is computer based you have a “Computer, IT and Internet Usage Policy” that outlines what is and is not allowed when it comes to the use of your systems and equipment.  If you notice that certain sites are being abused (YouTube, Facebook, etc.), you can actually install a program that will block the use of those sites from your system.  For anywhere from $400 to $1000, you may gain that money back in increased productivity if Sally can no longer upload her puppy pictures on her MySpace page.  But, as mentioned previously, it is important to address policy violations and performance issues with your employees and follow the path of progressive discipline of handling violators.  Also doesn’t hurt to have a phone usage policy if you should notice abuse of taking or making personal phone calls at work.

So, if you should have a couple of Houdini’s in your midst, it isn’t too late to correct the issues at hand.  It may be time to revise and update your employee guidebooks with necessary policies to curb and stop abuse.  Have a meeting to go over important points of your policies and then start practicing progressive discipline when it comes to addressing the performance issues that occur from “vanishing acts”.

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Author:  Charmaine Hollaway, Director of Operations for PANTHEOS

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But, I Didn’t READ It!

They not only need to be issued, but they need to be "acknowledged"!

Being in HR, processing terminations and administering unemployment claims, I have often heard the excuse “But, I didn’t read it” when an employee is terminated for violating a policy clearly outlined in the Employee Guidebook.  You would (or maybe wouldn’t) be surprised by how many employees sign acknowledgement forms in an employee guidebook/handbook and NEVER even cracked it open!

Employers should know the importance of having an employee guidebook, I mean, the main purpose of one is right in the title, “guide”.  Not only will an employee guidebook (manual, handbook, etc.) guide your employees, but it also helps you and your business.  It’s in black and white (unless you spring for color printing) and provides a clear path for you to follow so you can enforce policies more consistently, which makes you a better boss and business owner.  But, if the guidebook is not presented properly, it could lead to headaches later!

Guidebooks should be issued as part of the new hire process, which allows both you and your new employee(s) to start on the right foot.  But a mistake that MANY employers make is to not give enough time for an employee to READ it.  Some enclose some type of form that the employee signs in which they acknowledge receiving the guidebook, but that does little good when you want an employee to actually follow the rules, policies and procedures that you took many hours to develop and fine-tune.  Plus, an “employee receipt” of a guidebook is not a true acknowledgment.  Therefore, there needs to be two (2) important sign-off’s in EVERY guidebook you issue.

At-Will Statement

This is NOT the guidebook acknowledgement, but happens to be the more important of the two acknowledgements you should get from every employee.  A majority of the states are “At-Will”  (43, to be exact), and this law allows either an employer or employee to severe the employment relationship without liability (provided that there was not an employment contract in place or discrimination laws violated).  That means an employer can go up to an employee and terminate their employment, no excuse or reason given.  The same on the other hand, and employee can quit/resign their position and give no reason as to why they are doing so.  If you do not have an “At-Will” statement or acknowledgement as part of you employment application, then you should either have it as a separate document or as part of your employee guidebook.  A properly declared “At-Will” statement should include the following points:

• The (your) company does not offer guaranteed employment
• An At-Will employment relationship exists regardless of any other written statements or policies contained in an Employee Guidebook, company documents or any other verbal statement to the contrary
• The company may elect to follow the progressive discipline or termination procedures, but is in no way obligated to do so and is at the sole discretion of the company
• No one except the company President/CEO (you) can enter into any kind of employment relationship or agreement and such agreement must be notarized
• The company has the right to terminate, discipline, transfer or demote an employee at any time, with or without reason and at the company’s discretion

Even if you do have your At-Will statement as part of your application or as a separate document, MAKE SURE to repeat it in your Employee Guidebook!

Guidebook/Handbook Acknowledgment

This form, usually located at the very end of a guidebook, is critical if you wish you and your employees to start out on the same page.  It is even recommended that you have two copies of the form in the guidebook and have the issuing supervisor/manager counter-sign the form when the employee signs it.  This allows one copy to go into the employee’s personnel file, but also to have a fully executed copy for the employee (a little reminder that they did sign off on it).   The acknowledgement provides two very important benefits; 1) It will prevent employees from arguing that they didn’t know a policy existed and 2) it trumps any other agreements that may have been made verbally or may be implied.    A guidebook acknowledgment should contain these important points:

• Employee acknowledges receipt of the Guidebook
• Employee understands that the Guidebook contains important information about your company
• Employee understands that they expected to read the guidebook, familiarize themselves with its contents and policies as it applies to their employment
• Employee understands that NOTHING within the guidebook constitutes a contract or promise of continued employment
• Employee understand that the guidebook can be changed at any time by the company
• Employee understands that their employment is At-Will (yes….state it again!)

Get on the same page by going through your guidebook with your employees.

If any changes are made to your guidebook, make sure to have the employees sign an acknowledgement form recognizing the new policy and how it will replace the one contained in the guidebook that had previously been enforced.

Do you want greater success with the implementation, recognition and enforcement of your employee guidebook?  Have your HR department or representative GO THROUGH the guidebook with your employees so that each policy can be explained and questions can be answered and issues clarified BEFORE they can become problems and you have to practice your “At-Will” statement.

And just so you know…if an employee states “But, I didn’t read/know/understand it” when they are terminated for a policy violation…it’s not a defense or argument in court or with the unemployment agencies when the employee’s signature is present on the acknowledgement form!

 

 

 

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Author:  Charmaine Hollaway, Director of Operations of PANTHEOS

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Dictating Off-the-Clock Behavior

What people do outside of work, as long as it is a legal activity, may not be used to reprimand or terminate an employee.

As everyone should know, discrimination based on age, gender, religion, national origin, age, disability and sexual orientation in the workplace will land business owners in court faster than they can spell “discriminate”.  But, what many businesses don’t know, is that MANY states (30 and counting) have laws protecting employees from discrimination of their lifestyles.

Some of the discriminatory actions are based on the need to control health care and other benefit expenses, but some are driven by morality or religious thoughts and perspectives.  One of the more controversial lifestyle dictations are companies who ban smoking on and off the clock.  For the 20 states that don’t have any form of lifestyle discrimination law, an employee can be fired for smoking a cigarette, in their own house on a weekend.  Do employers really do that?  Well, yes, they do.  There are also stories about private employers firing employees who drink alcohol or go to gambling boats, both legal acts that the employees engaged in during their personal time.

Most of us know of rules like no alcohol, no smoking and no visible tattoos while at work….but an employer better check their state statutes before they even try enforcing such rules on employees while they are on their own time.

Ohio is one state that is very employER friendly.  They allow a business to fire an employee for their off-work behavior or habits.  So, if the company you work for states you can not eat fast food and you are seen in a drive-thru, they can fire you.  I know that seems extreme, but Ohio companies are using the lack of lifestyle laws to terminate smokers and drinkers to help keep a “healthier” workforce and keep their health care expenses under control.

Non-profit and other organizations that focus on a particular mission, may be inclined to recruit and retain employees who “fit in” to the organization’s culture and behave in a manner that supports its goals.  But these employer interests are in conflict with an employee’s reasonable expectation that what legal activities he does on his own time is his own business.  Right now, laws in most states only allow religious agencies to make hiring and firing decisions based on a candidate/employee’s religion.  Though, in California, non-profit religious organizations can discriminate based on “any” characteristic because they are not subject to state discrimination laws.

So, before you think about adding “lifeystyle prohibitive” policy to your guidebook, you better have your HR department check to see if it’s legal in your state!

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Author:  Charmaine Hollaway, Director of Operations of PANTHEOS

Website Sources:  EEOC, State of California DFEH, IL Department of Human Rights and Ohio Civil Rights Commission

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Should My Company Offer Bereavement Pay?

It’s a very delicate subject.  But, how does your company handle the situation when an employee suffers a death in the family?  Statistics show that about 90% of companies offer some type of bereavement pay.  The same stats show that the average policy is three (3) days for immediate family and one (1) day for extended.  Does your company have a written bereavement policy or is it more “case by case”?

Since I started at PANTHEOS in 2006, I have had more than my share of deaths in my family; my grandmother, two aunts, two uncles, my step-father and my father.  Some were sudden, where others were at the end of illnesses in which there was no hope.  My father was ill for a very long time and the past two years of his life were filled with many close calls.  I have to say, my bosses at PANTHEOS were so great through all these crises’ and I was able to utilize my PTO time when needed and was granted full bereavement pay when necessary.  I don’t know if I could have been any use to my family or been able to keep my own head straight if I had to worry about my job.  But…I am one of the lucky ones.

I was reading through a few of my on-line resources this morning and came across a posting in a blog called “Evil HR Lady” in which there was a posting about this subject.  Many people chimed in about experiences they had through their careers and their need for time off to deal with death and dying in their family circles.  One person even wrote about standing at her father’s funeral and her boss paying his respects but followed it up with how the work was piling up on her desk during budget time.  Was this her bosses’ inept way of dealing with the awkwardness felt when attending a funeral, or was this his real feelings about the matter?  Sad, isn’t it?

The matter of the fact is, bereavement pay is not a mandatory or a legally required offering.  Depending on your company size, FMLA may come into play depending on the circumstances, but allowing your employees either paid or non-paid leave to deal with a family loss is optional.  I’m not saying that there may not be an employee (or two) out there that always happens to have dying grandmother right around big summer weekends, but on the average, people don’t like lying about death (you know, the “karma” thing).  So, having a bereavement policy is the right thing to have.

If you offer paid leave characterized as “bereavement pay”, your policy should indicate the number of days allowed.  As mentioned before, most policies state three (3) days for immediate family (parents, siblings, grandparents, spouse, child) and one (1) day for everyone else.  The policy should also allow an employee to use up banked personal or vacation time if needed to deal with aftermath tasks.  And…allowing up to six (6) weeks of non-paid leave for an employee who suddenly loses their spouse or a child is also not uncommon.

The other thing to keep in mind in the development and enforcement of a bereavement policy is that is must be applied fair and equitably to all your employees.  If you allow one employee two weeks non-paid leave to deal with a death of a parent, you must be willing to do the same for all your employees in the same situation.

Think of yourself, as well, when putting your policy together.  How long do you think it would be before you could return to work if your teenager should suddenly pass?  I know…it’s a horrible thing to bring up, but it is the cruel harsh reality today.  No one, no law, says any time off granted must be paid time….but a bereavement policy may be written more by your heart…than your head.

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Author:  Charmaine Hollaway, Director of Operations for PANTHEOS

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Please, Don’t Make Them An Offer They Can’t Refuse

It’s hard.  It’s difficult.  Sometimes, it’s down right painful.  Receiving a notice of resignation from an awesome employee (especially a key employee) can feel like someone reached in and tore out your heart.  Okay, maybe I am being a little dramatic.

But, what you do the moment that letter is handed to you or the words finish leaving their lips, is crucial.

First if all…don’t be a jerk about.  It’s hard to tell a business owner this (okay, maybe not too hard).  But, many times, it has nothing to do with YOU but everything to do with THEM.  Can you remember back to a day when you may have resigned from a job – was it easy?  A lot of times, an employee will stress and anguish about making such a life-altering decision.  But the decision is done…so what should you do next?  Well, if you’re PANTHEOS client, you need to contact our HR Department who will help you handle the entire process.

But, here are a few tips:

Don’t Be A Jerk About It

I know I just said this above, but I believe it needs to be said again.  Even if the resignation comes to you in a hostile manner, resist the temptation to be hostile back.  Never burn a bridge, even if someone else has doused it with kerosene and hands you a book a matches!  Be professional and put the wheels in motion to make the transition a smooth one.  Plus, how you handle the process will dictate how another employees may resign in the future.  Act badly, and you can forget about any notice!

Refuse The Temptation To Counter-Offer

Hence, the title of this blog.  If your most valued employee is resigning, it may be your instinct to offer them more money to stay.  Though about 60% of resignations are somewhat spawned by the need/want for more money, there are usually other reasons too.  When a counter-offered is made, the thought “well, why wasn’t that salary offered to me before?” goes through the employee’s mind, making them feel like they were being taken advantage of while in your employ.  Though a bigger paycheck can make some situations more tolerable, if there are other reasons why the employee is leaving, money won’t be the solution.

Here is another staggering statistic, 80% of would-be-ex-employees that except a counter-offer, will resign after six to eight months.  Prolonging the inevitable..but at a higher price-tag.

Put It Writing

Even if the resignation comes to you verbally, ask for the employee to put it writing.  Also, once you receive the formal letter of resignation, write an acceptance letter back.  There are hundreds of samples of acceptance letters on the internet, but the letter should state that you accept their resignation from their position (make sure to mention their title) and clarify the last day that the employee will be working for you.

YOU Make The Announcement

It is very important that you, the owner/manager, make the announcement of resignation to the employee’s team, the rest of the company and to your clients (when necessary).  Especially if the separation is to remain an amicable one, it looks good to everyone that you have handled the situation with both professionalism and respect.

The Notice Period

If you are lucky, the employee probably gave you a notice period – usually two-weeks.  In a majority of states, a notice is not necessary but professionally, they are appreciated.  This period is usually used as a training/transition period.  Though it is almost impossible to find a replacement in two weeks, at least you or another employee can learn and document procedures and get a grasp on the day-to-day duties.  You should make sure you or a delegate knows every item left on the employee’s desk, bins, files, etc.  Do not allow yourself to be left in the dark.

Here is a little advice:  If an employee gives a two-week notice and you decide to let them go sooner, it would then be considered an involuntary termination and may lead to an unemployment claim.  If you should decide to release the employee sooner, it is recommended to pay them for the remaining days of their notice period.  But, always consult with your HR specialist before making such decisions.

Transition of Property and Access

If the employee will be working during the notice period, try to refrain from asking for property on the day of resignation.  Discuss when it will be expected for the exchange of such items as keys, access cards, cell phones, laptops or uniforms.  Let them know when their passwords and/or logins will be disabled, especially if you are expecting them to train someone.

Final Day and Final Pay

Unless the employee is covered under contract or working in a state where it is mandated, you are not required to distribute a final paycheck on the last day worked.  Most states require that you must pay them “on the next scheduled pay date”.  Remember in many states employees must be paid any accrued, un-used vacation and/or personal time.  Some states and the way your employee guidebook is written, you may also be required to pay any un-used sick days or holiday pay. 

Also, if an employee has not returned company property, you can not hold their final check or make any unauthorized deductions.  This means if they still have your company laptop, you must pay them their full final paycheck and then file a small claims case.  Make sure to check with your states rules on this subject prior to the final payday.

Nobody wants to lose a valued employee.  But taking the high road and handling things professionally will allow you and your remaining employees to go on, successfully.

Oh, and for the last time, don’t be a jerk about it.

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 Author:  Charmaine Hollaway, Director of Operations for PANTHEOS

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Wanna Bash Your Boss? Well, Don’t Use Your Company Cellphone To Do It!

2010 Supreme Court rulings state that companies have the right to view texts and messages sent and received with company provided and paid for cellphones.  The same applies to e-mails and documents created and stored on company computers, laptops and pads.  But, isn’t it common sense to most employees to not use company equipment for personal use?  Well, OBVIOUSLY NOT!

When a California police officer used his city-provided cellphone to send and receive sexually explicit messages from his then-wife and mistress and was caught (maybe that is why the wife is now referred to is “then-wife”), he stated that his Fourth Amendment rights were violated and sued the City.  Though he won in a lower court, the Supreme Court overruled that outcome and backed the employer.  You can read more about that story at http://www.inc.com/news/articles/2010/06/supreme-court-says-employees’-text-messages-open-to-scrutiny.html.

Using company phones for personal texts could be a recipe for unemployment!

But, how does an employer communicate their expectations of the use of company provided equipment?  Well, have a policy!

First, develop and distribute (make sure to get an employee acknowledgement) an “Equipment Use” policy.  This will outline your company stance on use of such things as copiers, telephones, workstations, cellphones, pagers, laptops, pads, etc.  But, you also need an “Internet and Digital Communications” policy.  An IDC policy should outline what types of internet sites and message content is prohibited as well as inform employees what their expectations of privacy should be.  If you may monitor e-mails going in and out of your mail server, you must state that in your policy.  If you may view all incoming and outgoing phone numbers on the cellphone bill, you must state this as well.  Even if you don’t intend to dissect each and every electronic blip that goes in and out, if you ever have to – you know your policy backs up your actions.

So, as an employer…make sure you have policies in place that outline your computer and equipment use rules and state what level of privacy your employees can expect by using company provided programs and systems.

As an employee….use your own phone to text your girlfriend.

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Author:  Charmaine Hollaway, Director of Operations for PANTHEOS

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What Ill’s You? A bad Sick Leave or PTO Policy!

Sick leave, sick days and personal days are forms of a benefits that many employers wrap into their compensation package.  But, many companies don’t have a written or updated policy which can lead to abuse or even accusations of discrimination.

"I can't come in to work today, Jake is sick and I need to take him to the Doctor"

A sick day is fairly self-explanatory and can be used for everything from a common cold to a more serious illness that could require hospitalization or even surgery. Personal days can cover things like the illness of a child, doctors visits, appointments for car or home repairs, etc. Most companies also allow vacation time for employees in addition to their set amount of sick leave and personal days.

Customarily, companies allocate only a certain number of days for sick leave and personal time. For example, in a calendar year an employee could have five sick days and three personal days. If the employee fails to use them all in the given amount of time, the company must decide whether to have these days as “use them or lose them” or allow employees to roll them over (add or bank them to the number of sick days for the following year). A company could also reward the employee for not taking all available sick and personal days by offering to cash them out as a bonus or offer other perks or additional vacation days.

But, this all goes back to having a sensible WRITTEN policy to follow and abide by.  Plus, many companies aren’t even aware of what they MUST give (by law) and what is voluntary.

The one law that many have heard and know about is FMLA – The Family Medical Leave Act.  This law, signed in 1993, was to help hold the jobs and benefits of employees for up to 12 weeks for the reasons of; personal illness, birth of a child, adoption of a child, illness of a child, spouse or parent, or if the employee, their child, spouse or parent are in the military under “covered active duty”.  This law only applies for employers with 50 or more employees in 20 consecutive weeks in the prior calendar year.  You can read more about FMLA at the U.S. Department of Labor website at http://www.dol.gov/whd/regs/compliance/whdfs28.htm.

But, so many businesses are under 50 employees, so are your “required” to have a sick leave policy?  Well, no, but many business put together a mini-medical leave policy that uses the same guidelines as FMLA with a shorter “protection” time.  The main idea, though, is to make sure that if you do decide to have a sick leave policy is to have it WRITTEN and EQUITABLY AWARDED.

I guess I can’t drive it home enough, having it in writing is your best defense against abuse or misinterpretation.  When PANTHEOS works with our clients in the creation and administration of their Employee Guidebook, sick leave and PTO is one section that gets a little more consideration (along with vacation and holidays).  Also, we couldn’t even begin to count how many calls we take from employees and managers requesting FMLA packets when the company they work for only has 17 employees and doesn’t even offer a mini-med leave program.

This blog could go on and on about other factors with sick leave, sick days and PTO like: abuse, reporting, tracking, etc.  Guess that can be a blog for another time!  Right now, I feel the sniffles coming on….

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Author:  Charmaine Hollaway, Director or Operations for PANTHEOS

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The PANTHEOS Group is a full service professional employer organization (PEO) providing human resources, payroll, benefits, risk and safety administration and workers compensation in the Chicagoland area and surrounding states.  Tier pricing allows clients to choose the services they need making PANTHEOS a preferred choice for start-ups and small to medium businesses.  Contact the PANTHEOS Business Development team at (877) 693-9700 to find out more about PANTHEOS and our service offerings.

Costly Business Mistakes That PANTHEOS Can Help You Prevent!

Since PANTHEOS does so many services for our clients, sometimes it hard for our staff to properly answer the question “what do you do?”.

One thing we know we do is help our clients stay out of trouble.  No, we don’t mean that they are all little mischief makers, but one of our priorities is to help them make good business decisions when it comes to their employees.  Our services help lower their liabilities, contain their costs and allow them more time and freedom to concentrate on their business.  It really is our job to help our clients become better employers!

With all this in mind, I wanted to break out a few of our services that prevent our clients from making very costly business mistakes.

Hiring The Wrong Person

The wrong hire costs more than the cost of the ad you placed in the local paper.  On average, a bad hire can cost over $8,000 to a small employer.  From recruiting ads, times spent on screening and interviews, training, lost productivity and a hit to the morale of the other employees..it all adds up!  The US Department of Commerce actually states that 30% of business failures can be linked to bad hiring practices.  Employers make bad decisions regarding candidates, mis-manage these employees and then wrongfully terminate them, causing excessive unemployment claims and even lawsuits.

PANTHEOS’ team of experts in recruiting know how to properly write the ad, screen the resumes, phone screen candidates, perform interviewing training, perform background and education checks and assist with profile and personality testing.  All of these skills are brought together to make sure our clients hire the best candidate and decrease the chances (drastically) of having a bad hire.

Employee Guidebooks/Handbooks

Not having clearly written policies that are accessible to all employees is just a potential problem in the waiting.  With everyone not knowing the rules about a drug-free workplace, vacations, holiday pay, benefits, absenteeism, tardiness, harassment, medical leave….etc., trying to enforce policies becomes an impossible and daunting task.

Employers often make the mistake of trying to write their own handbooks without consulting with a certified human resource specialist or an employment attorney.  This often makes these guidebooks in violation of local, state and federal government laws.

PANTHEOS provides EACH client with an employee guidebook.  The guidebooks can be customized to address each clients specific needs, industries and laws of their state.  PANTHEOS produces the guidebooks for each and every employee and will even conduct a roll-out meeting to go through the policies with the employees and management.

I-9 Compliance

You would be surprised to know that we still meet an occasional business owner that doesn’t know what a Form I-9 is or the penalty and fines assessed for infringement.  The Form I-9 is required for EVERY employee (citizen and non-citizen) working in the United States and Puerto Rico and is used to document if these workers are authorized to work in the U.S .  The Government is very strict on how it is to be completed, the forms used to prove eligibility, the timing of completion and signing of the form and how it’s filed.  Failure to comply can cost a business thousands of dollars!

PANTHEOS provides training, review and storage of all I-9’s for our clients.  We constantly send out updates regarding changes in the form, documents and rules regarding compliance to this regulation.  Keeping our clients on their toes, keeps them out of trouble.

Independent Contractor v. Employee and Exempt v. Non-Exempt

The IRS is cracking down on companies and their misclassification of employees.  Many companies use “independent contractors” to do work for them, but in reality, these workers are employees.  The IRS even put out a simple “test” to know if someone performing work for a company is really an independent contractor.  Hint:  If you are writing a check to John Doe and not to John Doe, Inc. – John Doe is your employee!  Employers also have a false belief that if you pay an employee a salary, you don’t have to pay them overtime – there is even a test to know if your employee is exempt (not eligible for overtime).

The fines and penalties for misclassifying employees can quickly add up and have even forced some businesses to file for bankruptcy.  PANTHEOS helps our clients screen their independent contractors relationship for employer status as well as helps with the proper classification of employees regarding an exempt status.  Educating and assisting our clients in this matter prevents fines, penalties and headaches.

Like mentioned before, the LONG list of customizable services PANTHEOS provides for their clients will lead to cost and time savings.  Our clients start each day knowing that PANTHEOS is taking care of their employees and their business.

To find the perfect PANTHEOS solution for your company, contact any of our Business Development team members at (866) 693-9700.  Mention you read about us on our blog and qualify for a discount off your first invoice.

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Author:  Charmaine Hollaway, Director of Operations for PANTHEOS and member of the Business Development Team

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HR Issue: Love At The Workplace

How to cope and manage office romances.

Not sure if it’s something in the water cooler, the nice glow of the overhead flourescent lighting or just the music playing on the phone system, but sometimes love does “bloom” at the workplace.

We spend more waking hours with our co-workers than anyone else, so it’s bound to happen – right?  Some articles I have read state that over half of us out there have had a relationship with someone we worked with.  Even if it was your first job at the local retail store or while holding that executive position with your current employer – at sometime, there was “something” happening.

What can you do to manage workplace romance and avoid problems and lawsuits?

1. Consider a nonfraternization policy, which informs employees that if a personal relationship creates conflicts of interest or can cause a negative or hostile work environment, one or both individuals involved may be asked to transfer or resign. The policy can also bar managers from participating in employment decisions if they have a romantic or other close relationship with the employee.
2. Stay up to date on sexual harassment training for all employees.  Training should always address and stress any policies about co-worker fraternization.
3. Respond promptly and investigate thoroughly if an employee complains about sexual harassment, including when the complaint stems from what looked to be a consensual relationship or when someone complains of sexual favoritism.

But, what should you do if a romance has already blossomed?  Here are some tips:

1. Stay out of it, from a management perspective, if possible.  Deal with the romance as it relates to work-related issues only.
2. Do not promote or participate in any gossip or talk about a workplace romance.
3. Wait for employees to bring any issues to your attention and then only focus on how it is affecting work-related behavior.  Not all workplace romances cause conflict or issue, but be prepared to take action if they should.
4. Recognize that an affair between co-workers at the same level has different implications than an affair between a manager and a subordinate.
5. Talk to the supervisor if there is an affair between a supervisor and a subordinate that is creating problems in the workplace, such as resentment by other subordinates.
6. Arrange to transfer the supervisor, not the subordinate, if necessary.
7. In case of a nasty break-up, focus on office behavior of the involved parties and how it affects the office and the other workers.
8. Terminate both employees if their behavior continues to disrupt the workplace.

Office romances may be hard to avoid, but as a business owner, you can take steps to minimize them or the damage they may do to your business.

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Author:  Charmaine Hollaway, Director of Operations for PANTHEOS

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Growing Epidemic – Workplace Violence

Reading the news headlines from August 3rd, a story relates the latest horrific details of workplace violence.  As part of a team of HR experts here at PANTHEOS, this story is a very grim reminder that such events can occur with such devastating results.  It’s a dark subject, but unfortunately a reality in today’s world.

Statistically though, the instances of workplace violence  (number of employers/number of employees vs. number of instances of violence) is very small.  But, the media attention that is brought to this subject makes it seem more than an occassional occurence.  But workplace violence takes MANY forms (disruptive and threatening behavior) and should be taken seriously no matter how small it may be seem.

Resources that PANTHEOS turns to for development of employee/employer policies regarding workplace violence can fill a small filing cabinet.  From the Department of Labor to the Federal Bureau of Investigations, many government agencies have information that businesses can use to formulate and educate a workplace violence protocol.

What is Disruptive, Threatening or Violent Behavior?

Disruptive behavior disturbs, interferes with or prevents normal work functions or activities. Examples: yelling, using profanity, waving arms or fists, verbally abusing others, and refusing reasonable requests for identification.

Threatening behavior includes physical actions short of actual contact/injury (e.g., moving closer aggressively), general oral or written threats to people or property, [“You better watch your back” or “I’ll get you”] as well as implicit threats [“you’ll be sorry” or “this isn’t over”].

Violent behavior includes any physical assault, with or without weapons; behavior that a reasonable person would interpret as being potentially violent [e.g., throwing/kicking things, pounding on a desk or door, or destroying property], or specific threats to inflict physical harm [e.g., a threat to shoot a named individual].

Indicators of Problem Behavior

Below is a list of behaviors and attitudes that may be indicators of disruptive, threatening, or violent behavior.

Behavior:

• Upset over recent event(s) [work or personal crisis]
• Recent major change in behavior, demeanor, appearance
• Recently has withdrawn from normal activities, family, friends, co-workers
• Intimidating, verbally abusive, harasses or mistreats others
• Challenges/resists authority
• Blames others for problems in life or work; suspicious, holds grudges
• Use/abuse of drugs and/or alcohol
• Unwelcome obsessive romantic attention
• Stalking
• Makes threatening references to other incidents of violence
• Makes threats to harm self, others, or property
• Weapons – has or is fascinated with weapons
• Has known history of violence
• Has communicated specific proposed act(s) of disruption or violence

Attitude:

• Is isolated or a loner
• Morally superior, self-righteous
• Feels entitled to special rights and that rules don’t apply to him/her
• Feels wronged, humiliated, degraded; wants revenge
• Believes to have no choices or options for action except violence

On the every-day level, companies would experience disruptive behavior than anything that actually escalates to a threat or act of violence. So, you have a disruptive event, how would you handle it?  Would your actions diffuse or inflame the issue?  Here a few tips on dealing with disruptive behavior:

1. Respond quietly and calmly. Try to defuse the situation.
2. Do not take the behavior personally. Usually, the behavior has little to do with you, but you are used as a target in the situation.
3. Ask questions. Respectful concern and interest may demonstrate that aggression is not necessary.
4. Consider offering an apology. Even if you’ve done nothing wrong, an apology may calm the individual and encourage cooperation. “I’m sorry that happened. What can we do now that will solve the problem?”
5. Summarize what you hear the individual saying. Make sure you are communicating clearly. In crisis, a person feels humiliated and wants respect and attention. Your summary of the individual’s concerns reflects your attention. Focus on areas of agreement to help resolve the concern.

If the above does not stop the disruption, assess whether the individual seems dangerous.  If in your judgement the employee is still upset but not a threat, you may wish to do the following:

1. Calmly and firmly set limits. “Please lower your voice. There will be no disruptions in this office.” “Please be patient so that I can understand what you need and try to help you.”
2. Ask the individual to stop the behavior and warn that official action may be taken. “Disruption is subject to corporate action. Stop or you may be reported.”
3. If the disruption continues despite a warning, tell the individual that he/she may be disciplined or prosecuted, state that the discussion is over, and direct them to leave the office. “Please leave now. If you do not leave, we will call the Police.”
4. If the individual refuses to leave after being directed to do so, state that this refusal is also a violation subject to discipline, exclusion from work, or arrest.

If you should, at ANY time, feel that the issue has escalated further:

1. If possible, find a quiet, safe place to talk, but do not isolate yourself with an individual you believe may be dangerous. Maintain a safe distance, do not turn your back, and stay seated if possible. Leave the door open or open a closed door, and sit near the door. Be sure a co-worker is near to help if needed.
2. Use a calm, non-confrontational approach to defuse the situation. Indicate your desire to listen and understand the problem. Allow the person to describe the problem.
3. NEVER touch the individual yourself to try to remove him/her from the area. Even a gentle push or holding the person’s arm may be interpreted as an assault by an agitated individual who may respond with violence towards you or file a lawsuit later.
4. Set limits to indicate the behavior needed to deal with the concern. “Please lower your voice.” “Please stop shouting (or using profanity) or I’ll have to ask you to leave.”
5. Signal for assistance. The individual may be antagonized if you call for assistance so use a prearranged ‘distress’ signal to have another staff member check on you to determine how you are. If you need help, the co-worker should alert your supervisor and/or the police.
6. Do not mention discipline or the police if you fear an angry or violent response.
7. If the situation escalates, find a way to excuse yourself, leave the room/area and get help. “You’ve raised some tough questions. I’ll consult my supervisor to see what we can do.”

For ANY crimes in process including violent incidents or specific threats of imminent violence, immediately call 9-1-1, preferably from a phone out of the sight/hearing of the individual.

1. Do not attempt to intervene physically or deal with the situation yourself. It is critical that the police take charge of any incident that can or does involve physical harm.
2. Get yourself and others to safety as quickly as possible.
3. If possible, keep a line open to police until they arrive. If you cannot stay on the line, call 911 and the dispatcher will direct the police to you. The more information the police receive, the more likely they can bring a potentially violent situation to a safe conclusion.

As you come to the close of this blog post, it is imperative that you assess your prevention programs.  Work with your HR Director or contact an outsource expert to help your company develop a plan, educate employees and perform training to limit your possibilities of these workplace events.

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Author:  Charmaine Hollaway, Director of Operations of PANTHEOS

Sources:  US Department of  Labor, U.S. Department of Justice, National Center for the analysis of Violet Crimes, Federal Bureau of Investigation Training Academy, Occupational Health and Safety Administration, YouTube

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