Is your company the wild west of employment law compliance?  From willful disregard of the law to negligent disregard, many companies can do better. "Let's just hope no one notices we are violating the overtime requirements of the law" to "we updated our handbook five years ago, we're fine," compliance with the myriad of employment laws should be constantly on your radar, not just after you receive a lawsuit, administrative charge or visit from the Department of Labor or OSHA.  

When was the last time you conducted non-harassment training, looked at your grievance process, updated job descriptions and your handbook, thought about a social media policy, looked at recruitment and hiring practices, done an employment law compliance audit, checked to see that your employment law posters are up to date, etc?

Legal compliance should be a constant process.  Be proactive.  For human resources employees, make sure your employer knows you are a human resources expert, not an employment lawyer and that there is a difference.  Those who don't understand this are easy pickings in litigation.  Having represented employees and companies alike, I can tell you that you will pay more money in settlements and judgments (and typically in attorney fees too) the more lawless you are.  You will get caught if you don't comply, it's simply a matter of time.  Remember, Jesse James didn't win in the end.  http://www.employmentlawman.com/monday-morning-musings.html

How often do we witness a "can't do" attitude all around us?  "We can't substitute soup for salad," "we can't get your product to you by Friday," "I don't have time."  Unreasonable demands can't always be met, but what about all the reasonable ones that are unmet because somebody doesn't want to try too hard or any of a myriad of other excuses.  Listen and make note of the plethora of excuses you encounter sometime.  You will be amazed.  

Be known as a "can-do" person and a "can-do" organization.  Rise to the challenge.  If you do that consistently, you will be the go-to person and company.  Now, may I please have soup instead of salad?
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I think one of the things people crave most is authenticity.  We crave something real.  This is as true in business as it is in our personal lives.  Can I count on this person's promises, will the work be done on schedule and in a cost-effective way, will it be of high quality?  Will this company's performance live up to their marketing hype?  Are they listening to my needs and being honest in whether they can fulfill them?

Maybe the best we can do is be honest and authentic in our dealings and hope that we will generally be able to spot authenticity in others and reward it accordingly.  If you are honest and real, people will usually respond.  Short-term hype tactics don't work in the long haul, no matter how slick the marketing.  Be about something that is real and something that matters and require that in others.  Be authentic.   http://www.employmentlawman.com/monday-morning-musings.html     

There is little question it is an instant gratification world today.  Text messages, instant messages, email, the internet.  We are always plugged into the matrix, it seems.  Not everything can be obtained instantly, though.  Legal advice cannot always be provided instantly, as an example.  A quick internet search and bingo, there's your answer.  Sometimes, but not for complex problems, novel or unusual legal problems and including consideration of all the unique factual twists and turns of a given matter. The law changes quickly and there is no big book or website containing all the answers at one page turn or click.  There are many gray areas, just like in every aspect of life. 

It is okay for all of us to learn and to practice patience.  The world is not going to come to an end if we don't get an answer to every problem or query instantly.  Research, analysis and careful thought should not be a thing of the past, whether we are talking about law or other areas of life.  Take the time to look up from your electronic devices occasionally and truly engage in the world around you.  If not, you really are living in The Matrix.  http://www.employmentlawman.com/monday-morning-musings.html

I am sure we have all witnessed or been a part of a corporate philosophy of "sink or swim," where the employee is hired, given a brief orientation and quickly turned loose on the rest of the company and its customers.  To me, this is not so much a strategy as corporate laziness or, even worst, indifference or disregard for both the employee and the customers.  No one benefits from this approach, in my view.  

In days gone by, employees were apprenticed, working closely with masters of the skill or trade.  This didn't just apply to tradespeople but to other occupations as well, lawyering being one.  Formal schooling just provides a background.  As we all know, the workplace is where the real learning happens.  Some may be better equipped through knowledge and experience to hit the ground running, but each organization and its culture are unique.  Some training is always in order.

A formal or even informal mentoring program is something to consider.  Make a commitment to your employees and customers that they all matter.  Tailor any such program to your company's needs and the employee's prior skills and experiences.  Too often, I have heard employees complain that there is no real training program at their workplace.  Pleas for assistance are even ignored in such toxic workplaces.  Potentially good employees who could have been salvaged and even flourished instead are fired or quit out of frustration.  Nobody truly wins in that situation.  Treat your employees like assets, because they are and should be.  If you don't, they will become a liability.  http://www.employmentlawman.com/monday-morning-musings.html

People tend not to get along with each other.  History is replete with examples.  Family feuds, warring neighbors, strange Mrs. McGillicuddy at the drugstore. Obviously, there will be conflict in the workplace too, from time to time.  Differing ideas and opinions among employees in the workplace is often required and productive.  Negative conflict is what I am really talking about here, where people feel bullied, aggrieved in some way, harassed, discriminated against, disrespected.  When that happens, an organization must have an effective grievance process in place to deal with problems that inevitably arise when groups of people interact together regularly.

Have a grievance process with multiple reporting options.  In other words, avoid a lock-step process where the grievant must first go to his/her supervisor, then to the second level, etc.  If you do this, what happens if the person who is the subject of the grievance is the immediate supervisor (i.e. the supervisor is the one sexually harassing the employee)?  This produces a chilling effect on reporting.  Have a process that allows first contact with human resources, an owner, an upper manager, a variety of individuals designated as possible contact persons, in no particular order.  

Train your employees regularly on the multi-forked grievance process.  Assure employees that retaliation for reporting concerns will not be tolerated.  Follow up later with the grievant to make sure no retaliation has occurred as a result of a complaint. Consider as an additional option an anonymous suggestion box so that issues may get raised without a fear, real or perceived, of retaliation for reporting concerns.  Just because a grievant doesn't give his name doesn't mean the concern raised is frivolous. There may be a legitimate fear of reprisal that is an issue in itself.  Consider an ombudsperson, a telephone reporting hotline, a mediation process.  There are many options and combinations of options to consider for grievance procedures.  As an added bonus, effective internal grievance processes minimize litigation and can even be used as defenses to certain claims when an employee unreasonably fails to utilize an effective internal grievance process.  

Why can't we all just get along?  I don't know. But, I do know that conflict is inevitable and that an effective grievance process is necessary and invaluable.  
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How many times have you gone to a restaurant, a store, or any business and received even less than the bare minimum in service?  The waiter who doesn't bother to smile and say hello, the cashier who doesn't thank you for your business after ringing you up. A lack of basic courtesy and manners all the way to shipping you the wrong product through carelessness, failing to follow up with you on a matter, a slow pace, a decided lack of enthusiasm, inexcusable error, the list goes on.

As an employee or owner, are you giving maximum effort all the time or just for some of the day and coasting the rest of the day?  Are you constantly trying to improve your skills, taking a class, reading some articles, keeping up with the latest technology in your job, or has your enthusiasm waned a bit?  It can happen.  Sometimes you need to kick yourself in the rear and remind yourself you can never learn everything you need to learn about your job, there is always more to learn (if not, consider moving on to a new challenge).  Do you give maximum effort to every project and customer or just your favorites? 

 Be better, learn more, try harder.  Even if your job is dull, try to make it interesting somehow.  Do it a new way, try to be more efficient, show more passion, creativity, be more engaging with your customers, something, anything.  As a manager, are you setting, enforcing, and modeling high standards for your employees? Talk the talk AND walk the walk. A lack of passion and commitment shows and whether or not anyone says anything, we notice when you phone it in.  
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Rarely does anyone seem to stay with the same employer for their entire working career these days.  Maybe that is not a bad thing for many of us.  Nobody wants to be laid off or fired but sometimes you need to take the initiative and fire yourself. There are many reasons to leave an employer.  Sometimes you discover it is not a good fit between you and that particular employer.  This doesn't necessarily mean the employer is rotten or you are not a good worker.  The corporate culture may not be right for your personality and goals, there may be nowhere for you to move up, there may be a serious work-life imbalance, you may be in the wrong position, have a terrible boss, there may be no more joy in the work anymore, you may have simply learned all you can there and it's time to make the next career progression elsewhere or it is simply time to retire.  There is a time to leave the party.     

Sometimes you need to fire yourself because you want an entirely different career and direction.  Mid-life crisis or a much-needed change in course?  You have to be the honest judge of that and make a good decision accordingly.  As the years go by, we realize time is a precious resource, used up too quickly, and we don't want to spend it doing the same things our entire life or spend it in the same ways we did before.  An honest appraisal of your interests, abilities, desires and goals should be conducted from time to time, not just once before choosing a college major.  Hopefully, we are different now than we were twenty or thirty years ago and our interests, desires, goals and abilities may have changed along the way.   

Sometimes an involuntary termination turns out to be a blessing in disguise and I have seen many clients move on to better, more satisfying jobs because layoffs and terminations certainly force a re-examination in your life (if that happens, come see me, you may have a claim for wrongful termination and be able to leave with some cash and prizes at least--shameless plug here).  Sometimes, though, we need to take the initiative and fire ourselves in exchange for something new, different, and hopefully better.  A book has many chapters. Sometimes we need to turn to a new chapter or at least turn the page occasionally.
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There are many mine fields in employment law that require significant legal expertise and experience to navigate.  A few areas of frequent employer misunderstanding include the scenario in which an employee complains of some type of sexual harassment but tells the employer "I don't want to get him in trouble, so don't do anything.  I just wanted you to know."  Yes, you must still get all the details, investigate and take appropriate action depending on the findings.  The employer has a duty to investigate and take remedial action, regardless of the employee's stated wishes.  

Another issue that comes up is harassment of an employee by a customer, vendor, supplier, or other non-employee guest.  As the employer, you have a duty to provide a workplace free of discrimination and illegal harassment.  You may end up needing to ban the vendor, or even tell the customer they are no longer welcome.  A somewhat related issue involves the complaint of sexual harassment of an employee by another employee but off the premises or after work hours.  Yes, there is still a duty to investigate and take appropriate action as these things are still generally considered workplace issues.

Another common issue involves the alleged harasser who admits to the sexual jokes, etc. but gives her defense as "I was only kidding."  Whether the harasser is kidding or not is legally irrelevant.  Is the conduct sexually offensive subjectively and objectively is one of the main questions in litigation of sexual harassment cases.

There are numerous other misconceptions and pitfalls for employers in this area.  Get professional help when issues of workplace harassment and misconduct arise.  If you misstep or overestimate your knowledge of employment law, the costs can be devastating. http://www.employmentlawman.com/monday-morning-musings.html  

Times are still tough and some employers are taking advantage of the employer's market out there, many requiring more work out of employees and paying less than in better times.  True, many employers are struggling themselves and doing the best they can for employees.  Others take every advantage where they can.  I know an employer who, in a fit of extremely bad judgment, told his employees they were all replaceable.  Sure, everybody is ultimately replaceable, we know that.  Life goes on, with or without us. But, good employees are hard to find and not easily replaceable, a fact to which most of us can surely attest if you have ever hired or managed employees.  And, if you take advantage of your employees, remember that, as employers, you are also replaceable, even in a bad market.  It's simply a matter of time.  The predictable end to the story of the employer above is that he went out of business after a mass exodus not long after his statement.  There are good and bad employees.  There are good and bad employers.  Strive to be one of the good ones and you will not be replaced, at least easily. http://www.employmentlawman.com/monday-morning-musings.html