It can be challenging to say no to some requests, but there should still be expectations of where everyone stands. HR should make sure they are treating employees fairly and firmly. Everyone deserves to be respectfully heard in the workplace. There are some strategies company leadership can keep in mind to set boundaries for employees who want extra attention.

Establishing clear guidelines

Establishing clear guidelines is essential to successful HR, as it sets coherent boundaries. Needy employees need to understand the policies. These can provide a clear roadmap for their career path and individual aspirations.

Adequate training and mentorship opportunities should be available to employees. These can help answer their questions before they get a chance to ask them. This type of forward-thinking will look favorable to staff and potential talent. 87% of Millennials find learning and training essential in the workplace. As such, effective training in every company aspect can help retain the best talent.

Appropriate resources such as educational materials and online courses should also be available. These help employees learn and hone their skills without help from HR. They become better equipped to independently handle situations that may arise in the workplace. With clear guidelines in place, employees will have the support and guidance needed to thrive in their roles.

Policies should be distinctly laid out in a manner that is well understood by anyone. Ensuring that all employees have the same understanding of policies, HR can cultivate respect throughout the organization. This focus creates a productive and positive working environment necessary for success.

Educational materials and online courses help employees learn and hone their skills without help from HR.

Moreover, it ensures everyone is held accountable for their actions and behaviors. This fosters an equitable and fair working environment. As a result, employees will look out for each other and be able to take on more challenges. This type of work culture decreases misconduct, or unethical behavior thought to be troublesome to complaining coworkers.

Use the right tools

Human resources teams should make use of technology to streamline work processes. Doing so gives needy employees access to resources more quickly and efficiently. This does wonders for job satisfaction, and it diminishes frustration.

In addition, the automation of these processes enables HR teams to focus on core activities and fundamental business aspects like mentoring and recruiting top talent. They need time to work on strategic initiatives that help create a positive working environment for all employees.

Using technology to gain ground

By leveraging technology, human resource teams can focus on building meaningful relationships. In doing so, they can help employees feel heard. When team members don’t feel they have to repeat their concerns, they’re less likely to come across as needy. Therefore, HR should work closely with management to implement automation technology. Together, these forces can ensure that needs get presented with prompt and respectful resolutions.

Performance management systems are great tools to start with. They allow HR teams to efficiently track and measure employees’ progress in their roles. They have access to a birds-eye view of the growth and productivity of their organization. HR can use this information to find areas for employee improvement. When they carefully and clearly relay performance expectations, employees benefit.

This software can transparently show their strengths and weaknesses with resources for improvement. When employees have avenues for success, they get more time to enhance their skills with automated responses. HR can set active boundaries with the right tools. Almost anything required of HR by a needy employee can be effectively answered through automation software.

Monitor employee interactions

Companies need to have policies in place regarding interactions with colleagues and customers. A clear code of conduct can outline the best methods of communication between departments.

New Hire Packets can be a great way to kickstart these foundations. This gives employees reference to all policies and procedures. These should include the following:

• Benefits and insurance information
• Business directory
• Important policies
• Mission statement
• Standard operating procedures
• Tax and government information
• The consequences of not adhering to policies

This way, even brand-new employees can understand how team members in the company take care of each other.

Detailing the values of a business can help facilitate an environment of mutual respect and understanding. Additionally, regularly monitoring employee interactions can help ensure that policies are followed. This can decrease the likelihood of constant issues and confrontations.

Act consistently and fairly

Treat all employees fairly and equitably during the decision-making process. Still, setting boundaries within the Human Resources department is necessary. Even so, employers must be conscious to avoid creating discriminatory policies.

Applying the same standards to similar situations creates trust between employees and management.

This means understanding which policies may contribute to or perpetuate biases. These can look like favorability toward an employee because of any characteristic protected by law. These characteristics can include:

• Race
• Gender
• Age
• Religion, and more.

Consistency ensures that all employees hold the same high standards. Regardless of background or experience level, this needs to be implemented equally. Applying the same standards to similar situations creates trust between employees and management. This way, needy employees can have the same care and attention as any other individual in the company.

Document meetings and discussions

Accurately document meetings and discussions to ensure that decisions are accurately recorded. This is especially true in the Human Resources department. Employees often rely on these records to ensure their benefit and wage queries are correctly addressed. Using a method to accurately capture data gives employees the attention they need.

Having a record of conversations can also help to verify facts or tasks given during the meeting. Keeping an orderly log of discussions allows managers to reference past conversations.

Furthermore, they can ensure that employees are fully aware of what the company expects of them. By utilizing this strategy, HR teams can provide better support for needy employees and ensure everyone is on the same page. HR and employees can access files like these to hold employees accountable for any commitments made during a meeting.

Conclusion

Setting boundaries with needy employees is vital to maintaining a healthy and productive work environment. As an employer, it’s important to establish clear expectations and guidelines that everyone adheres to. Being as clear and concise as possible eliminates follow-up queries.

HR professionals are quite good at being flexible and understanding the needs of each employee. Employees need to know that their needs are important. However, expecting HR or management to fulfill all their requests is unreasonable. Creating a mutually beneficial working relationship through communication and understanding is possible.

The post HR Headaches: Setting Boundaries with Needy Employees appeared first on Workest.

Businesses and HR departments still retained the effort to maintain employee decorum and policy obedience outside of the onsite office. Keeping the company culture and professional code of conduct continues to be necessary even from home. Nevertheless, as Americans adapted their professional lives to the remote transformation, so did their more unacceptable behaviors.

Sexual predators aren’t biased toward in-person attacks. They only acclimated themselves to the online environment. They began sending sexually explicit emails and comments and taking screenshots without consent. Since this behavior is occurring in a working environment, it is still considered workplace sexual harassment. Treat this behavior as it would if it occurred in the office.

Prevention of harassment

Businesses need to understand how digital sexual harassment occurs and how to handle these situations accordingly. The best first step is executing means of prevention from sexual harassment in a virtual workplace.

Harassment training and policy updates

Help employees by teaching them what constitutes virtual sexual harassment. This may require policy updates to redefine the meaning of “workplace” and an all-encompassing definition of sexual harassment.

Updating policy and procedure is especially necessary when it outlines any in-person communication of the matter at hand. A virtual environment should not be an excuse to prevent an employee’s mandated reporting and ethical conduct.

Creating a culture where employees look out for each other is a great way to cultivate an anti-bullying, anti-harassment working environment.

Training should be provided regularly to keep employees abreast of existing terms and changes in the workplace. Apply anti-harassment training to every employee regardless of WFH status. In the case of remote work, sexual harassment prevention training should showcase what it looks and sounds like from a virtual point of view.

To provide a sense of community in the workplace, it’s a good idea to incorporate a conference call via Zoom, Skype, or another virtual team meeting domain. Creating a culture where employees look out for each other is a great way to cultivate an anti-bullying, anti-harassment working environment.

Make it easy to speak up about sexual misconduct by developing safe reporting channels. This could mean controlling a phone number strictly designated for anonymous reporting, a private email address, or a website to provide anonymous accounts.

Training should include a testing process at the end where scores are tallied in secret, and an employee must receive a passing grade before obtaining specific incentives.

Reinforce civility and company vision

Even if the home is the new workplace, an employee should be repelled by harassment and possess basic morals and ethical standards. Every company should have a vision and ethics that employees are expected to honor. Integrity should be one of many qualities of a business and its workforce.

Encourage employees in leadership roles to set an example of anti-harassment from the top of the ladder. They enforce company values and behave as though they live by them. They should always take accusations seriously and show concern for the matter in ways that establish zero tolerance for sexual harassment. Other employees will:

• Take heed of leadership’s sense of urgency in these matters
• Discourage heinous acts
• Encourage the reporting of sexual misconduct

When hiring a new employee, explain and reinforce solid expectations throughout their career. Do this during the application of a daily check-in or email reminders. A communal daily check-in also incorporates a healthy working relationship between employees as a type of icebreaker.

Implement simple practices to prevent harassment

Host daily check-ins or video conferences. These short meetings aren’t a punishment, and employees shouldn’t view them as one. This time should feel like a momentary break to alleviate mental stress and give the team chances to share concerns and provide feedback wherever necessary.

Social conduct should be at the top of everyone’s mind as they perform their regular duties. This means encouraging workers to continue their work as if they were in the office. Great codes of conduct to follow include:

• Adhering to dress code regulations
• Creating an office space in their homes for virtual meetings
• Eliminating distractions

Remind employees to check their surroundings before activating their cameras to prevent any displeasing personal items from being displayed. Inform workers about how to correctly use their technology and the inappropriate ways in which communication is being executed.

Implementing these minimal efforts allows for fewer excuses for lack of focus and embarrassing mistakes.

When you’ve taken preventative action, and it has failed, you must take immediate and earnest action.

Address harassment allegations immediately

When you’ve taken preventative action, and it has failed, you must take immediate and earnest action. Handle harassment complaints in a remote, private environment, just as you would any other formal complaint. Merely amend the process of handling a sexual harassment allegation to suit the WFH work style. It should never be an excuse for not dealing with these serious issues.

First, the victim needs to hear from HR that they will not be faced with retaliation or punishment if they are found innocent in all aspects. The affected employee should know when to report again if they suspect their assailant is trying to even the score. Since 75% of sexual harassment goes unreported, they must have the reassurance that they made the right decision.

A serious investigation must get underway, complete with thorough interviews of all parties. Keep these investigations confidential and classified to everyone except the HR liaison assigned to the case, lawyers, and anyone on a need-to-know basis. Conduct a virtual meeting with the accused and the accuser separately and listen attentively to each claim.

Documentation is everything. In a virtual environment, some virtual meeting tools use recording provisions which may be helpful in these situations. A recording can be:

• Saved
• Kept safe under password protection
• Played for investigative and corroboration purposes

Since there is a difference in the workplace environment, it is necessary to make do while still upholding privacy policies.

Potential ramifications

After the investigation has concluded, your designated team will make a collective decision about the factual basis and severity of the harassment and make arrangements for future steps. In very minor cases, some antagonists undergo:

• A probationary period
• More mandatory training
• Other avenues for reprimanding

The worst-case scenario remains the same – termination, fines, and lawsuits.

The victim should have access to free counseling and recommendations for legal services. Follow up with them in the near future and ensure they are taking steps to be mentally and physically well.

Wrap up

An HR worker or small business owner needs to understand that even law enforcement cannot perfectly investigate every situation, let alone those that occur in a virtual environment. In remote work, it can be slightly more challenging to find and get down to the bottom of sexual harassment cases, but it is never impossible.

Much like office-place sexual harassment, online sexual harassment isn’t going to disappear in one fell swoop. The efforts of HR, employers, and employees collectively can slow the instance of digital sexual harassment and keep the company afloat with excellent moral standards and failsafe methods of prevention, reporting, and investigation.

The post Handling Sexual Harassment Allegations with Remote Teams appeared first on Workest.

A company’s reputation is one of its greatest assets. It affects how customers view an organization. Negative rumors and misinformation can create a ripple effect.

It may even sway potential employees from applying for a position. A recent study showed that 76% of professionals research a company’s reputation online before considering a job offer.

For many companies, this scenario quickly turns into an HR nightmare. And for smaller organizations who rely on their customer base for survival, it can be crippling. So, what can organizations do to combat such a situation? The response depends a lot on the scale of the problem.

This article will explain how damaging negative press from former employees can become. And it will outline measures organizations can take to minimize harm to their reputation.

How badmouthing happens in the digital age

For many, the internet is a go-to source of information that helps them make decisions. A recent study showed that 91% of consumers trust online reviews as much as they trust a personal recommendation.

In the past, disgruntled employees only had a small network of people available to hear their negative opinions. But today, nearly every organization has an online footprint. Job boards and hiring agencies have dedicated pages for organizations that list reviews from consumers and employees.

Because many organizations don’t take the time to monitor their online presence, they may never understand how big of an image the public is creating for them. For this reason, companies must make an effort to monitor their online reputation.

There are many ways a former employee may take to the internet to badmouth an organization. We have listed some of the most common examples below.

Online review sites like Indeed and Glassdoor

These platforms are useful when companies are looking to recruit qualified talent. However, there is a feature that allows users to leave reviews and ratings of former employers. This can be difficult to manage for many organizations.

Because users have the option of remaining anonymous, it can be impossible to combat this type of badmouthing. For organizations that have been around for a while, it may not take long for review sites like these to rack up pages of negative comments.

Social media sites like Facebook and Twitter

If there’s one online tool that has caused the most damage to organizations and their reputations in record time, it’s Twitter’s hashtag feature. Former employees can use social media sites to spread misinformation and negative opinions far and wide in a matter of minutes.

All it takes is for someone with a large number of followers to share or retweet a post, and before long, it spreads like wildfire.

Social media sites are one of the most difficult channels for organizations to manage. Once a post makes its way around the internet, there’s no getting it back. While companies can post or tweet an official response when situations like this arise, most of the time the damage is already done.

LinkedIn

LinkedIn is like the Facebook of the corporate world. The online networking platform has become the place to be for organizations. Professionals use it to make connections, share information, and even generate sales leads.

Users with LinkedIn profiles may include their entire employment history to attract potential hiring managers. This makes it very easy for users to find former employees of an organization.

LinkedIn provides an open forum for former employees to badmouth your company. It also provides an easy way for interested parties to search for and find those employees on their own. This creates the perfect opportunity for disgruntled employees to find an audience for their grievances.

How to manage negativity from former employees

There are many available platforms for former workers to express their opinions about your organization. That’s why companies need to take a multifaceted approach to best combat this situation.

Organizations need proactive and reactive solutions to better control their online reputations. We’ve listed some strategies below.

Owning the online presence

Many organizations may not even be aware of the size or scope of their online presence. But the fact is, whether you build it yourself or not, it’s out there. One of the best ways companies can manage this is by claiming ownership of their organization’s review pages.

Online forums often have avenues companies can take to identify a company as their own. Doing so allows users to flag negative reviews for removal and better monitor activity based around their company.

Post a direct reply

Although this approach may be risky, certain situations may need a direct response. However, it can be helpful to designate an HR executive or manager with expertise in human resources to handle this job. This prevents owners and CEOs from becoming emotionally embroiled and lashing out at former employees inappropriately.

A direct response is best saved for scenarios where the employee is posting verifiably untrue things.

A direct approach should be professional and to the point. Be gracious and thank the employee for their time, then politely disagree with their review. A direct response is best saved for scenarios where the employee is posting verifiably untrue things.

Arguing with former employees about their opinions won’t do much good. Remember to follow privacy policies and refrain from discussing internal company matters in public.

Consider reaching out to the former employee directly

If an organization has the means to do so, reach out to former employees directly. Perhaps a misunderstanding or miscommunication is the catalyst for their feelings.

Maybe they had a truly negative experience. Have an HR executive reach out and inquire about the employee’s concerns.

If the employee holds firm to their opinions or has a legitimate complaint, organizations should look internally for solutions. Preventing employees from becoming disgruntled in the first place is the best way to prevent situations such as this.

Send a ‘cease and desist’

In the unfortunate event that a former employee is spreading false and harmful information on a massive scale, it may be necessary for organizations to take the next step. If HR gets no response after reaching out directly and asking an employee to stop spreading misinformation, then the next action should be to consult the lawyers.

Remember to check if the former employee signed a non-disclosure agreement or any employment contract that limits their ability to speak about an organization’s practices or policies. This can add an extra level of validity to future legal actions.

Take legal action

If a former employee is spreading false information that is exceptionally and provably false, then legal recourse may be the best option. However, simple “badmouthing” may need a softer approach, at least at first.

Be a company that creates advocates rather than adversaries

Building a strong reputation is an important achievement for organizations, and it often doesn’t come easily. But companies must work to do so in every aspect of their business. One of the best ways to prevent former employees from badmouthing an organization is to be the kind of company that creates advocates instead of adversaries.

The post HR Headaches: What to Do When a Former Employee Badmouths Your Organization appeared first on Workest.

You trust your staff is respectful and professional, yet a complaint of discrimination has been brought. For all your intentions and efforts, it can happen in any workplace. No matter the size of the company, discrimination can occur. From the slightest, unconscious comment to the most egregious acts of bias,  there are opportunities for bias wherever there are people.

Leadership’s response

How leadership responds to complaints is critical in maintaining a professional organization, advocating for staff, and protecting the organization. Your policy asks employees to report incidents immediately. Your response should be as urgent.

From the first meeting to discuss the issue through the investigation and conclusion, it’s essential to take steps that protect your staff and your business.

Follow these basics steps:

• Get help when necessary
• Work toward a conclusion that satisfies all parties involved.

Don’t put off listening to an employee complaint — the sooner you hear the concern, the sooner it can be resolved.

Hear the complaint quickly and confidentially

Schedule a meeting to hear the employee complaint quickly and privately.

Always assume a complaint is being brought in good faith: that the employee has a genuine concern.

A dismissive attitude, or one that signals you don’t believe the employee is being truthful, may escalate the problem. Your role is to be accessible: it may be an unpleasant task, but it’s necessary to handle it immediately and professionally.

Verify the complaint is based on the employee’s protected class. In some instances, the issue may be of concern but does not meet the definition of discrimination under the law. If the complaint could be discrimination, proceed quickly and professionally.

As with all personnel matters, confidentiality is essential. You’ll want to let the complainant know you’ll do your best to keep the case confidential, but you cannot make promises. Notify the individual that if the matter goes before a governing board, like a state or federal Department of Labor, or to the courts in a lawsuit, their privacy may not be maintained.

As with all personnel matters, confidentiality is essential.

As you talk to the employee lodging the complaint, the accused, and any witnesses, assure them you’ll keep the matter as confidential as possible in-house. There may be situations, however, when names or incidents have to be discussed to investigate thoroughly.

Plan on impartiality

Your job initially is to listen, not criticize or commiserate. At this point, you are a collector of facts, not a shoulder to cry on, nor the organizer of an angry mob. Let the employee know that while you may be sorry they are upset, your role is investigatory at this stage, and that you must remain impartial until all the facts are collected.

Don’t characterize the incident(s). Comments like ‘I’m sure they didn’t mean it’ or ‘that doesn’t sound like something they would do’ minimize the employee and signal you’re not taking their concerns seriously.

Alternately, don’t jump on the critique bandwagon, either. ‘That sounds horrible!’ or ‘you poor thing’ implies you’ve already drawn a conclusion in the investigation. It hasn’t even begun.

Begin the discussion

Start the meeting with appreciation. It may seem counter-intuitive, but having a staff member bring a complaint to you rather than to the EEOC or a law firm, is a net positive. You have an opportunity to resolve the problem before it becomes:

• Intrusive
• Costly
• Public

Recognize the employee may be uncomfortable and try to put them at ease. ‘Thank you for letting me know about the issue’ is a good way to begin.

Confirm that employee concerns are valid. ‘We take these complaints seriously and will work toward a quick and satisfactory resolution.’

Ask for as much detailed information as possible. Ensure you keep comprehensive notes as the employee recounts the incident(s). Let the staff member know that you take notes is essential to ensure all the facts they present are documented and clear.

Ask comprehensive investigation questions

You can use a standard list of questions or allow the employee to recount the situation. However, touch on all these points to ensure your investigation is as comprehensive as possible.

1. What happened? Ask for details and specifics.
2. Who committed the alleged comment, action, or behavior?
3. Did it happen to you, or are you reporting as a bystander/witness? If this person was a witness, who was the object of the comment or action?
4. When did this occur?
5. Where did it happen? Clarify by asking: Has it happened more than once? Is it ongoing?
6. Were there any witnesses to the behavior? Please name them.
7. Is there any physical evidence of the action – emails, texts, etc. you can provide?
8. Did you let the person know you were offended or concerned? If so, what was their response?
9. Did you report the incident(s) to anyone else? If so, who and when? Did they take any steps to resolve the situation?
10. Do you have any other information that might be helpful for the investigation?

As you ask these questions, other avenues of discussion may present themselves. You may ask for more detailed information or other instances they may have witnessed. If the person being accused has been seen committing the same offense against others, ask against whom it was directed, for example. Be open to more details, but don’t let the conversation turn into an hour-long grievance.

Ask the employee if they’re able to go back to work. You may need to give them time to compose themselves, or they may need the remainder of the day off. Work with the staff member to ensure they can return to their workstation as comfortably as possible.

Warn of retaliation

Let the employee, and everyone you interview concerning the complaint, know that retaliation is a serious offense that will not be tolerated. The employee may have warned the accused they planned to report the incident(s), or they may have brought the issue to you without notifying anyone else. In either case, the accuser must not be the object of retaliation.

Inform the staff member that they should report back to you immediately if, following the complaint, they feel they are in any way being:

• Abused
• Treated differently
• Retaliated against

You cannot allow retaliation. It can be as serious of an infraction as discrimination.

Require confidentiality

Advise the employee that the investigation is now a private matter that is being managed by the company. They must not discuss the situation with the accused or with coworkers. If they are approached by the accused or others to discuss the complaint, they should refer that person to HR or to whoever is managing the investigation.

If they feel threatened or intimidated by someone who wants to discuss the complaint, they should notify the investigator, as well. Maintianing confidentiality is critical in order to successfully resolve the claim.

Finalize the initial meeting

End the meeting with a question but without making promises. Ask the employee what resolution they feel is appropriate to the situation. They may ask for:

• An apology
• That the incident doesn’t occur again
• The termination of the offending employee

Let them know you’re documenting their wishes but cannot make any promises.

Notify the employee you’ll be doing as comprehensive an investigation as possible, looking into the allegation and discussing it with any witnesses as well as the accused.

You cannot promise specific outcomes, but assure the employee that your investigation will be as thorough as possible. Also, let them know that necessary steps will be taken to resolve the issue.

If you can, give an approximate timeline for when you feel your investigation may conclude. You may be able to finalize it in a day or so if you only have to speak to one person. If more witnesses are involved, it may take longer.

Let the employee know you’ll be updating them, as appropriate, on the investigation timeline — but not about the interim findings.

Separate if necessary

If the accusation is egregious or the worker is very upset, consider separating the employees during the investigation. For some employees, facing the person who discriminated against them is challenging. They may feel even more intimidated after they’ve filed their complaint. Ask the employee if they’re comfortable returning to their assigned area or if there’s an alternative that would make them more at ease during the investigatory period.

If separation is necessary, make sure it doesn’t exacerbate the problem. You don’t want to appear to ‘demote’ an employee who’s filed a complaint, even if that would physically remove them from the presence of the person they allege discriminated against them.

If they’re comfortable with such a move, allow it. If not, work with them to find an alternative. It may mean moving workstations, temporarily working remotely, or taking some vacation time off. Try to find a solution that works for the short length of time your investigation should take.

Talk to witnesses, if any

The employee may have provided the name(s) of witnesses that can corroborate their complaint. Contact these employees and ask them to meet with you. Don’t reveal the nature of the meeting until you can speak with them privately. Ask them to keep the meeting itself confidential as well.

Some witnesses will be happy to discuss what they heard/saw. Others may be hesitant to get involved. They may fear retribution if they speak on behalf of their colleague. This can be a difficult obstacle for investigations. Try to assure the witness you’ll keep their input as confidential as possible. Remind them:

• We are all responsible for a respectful, professional workplace
• They don’t want to work somewhere this behavior is allowed
• It’s essential to speak up when it does happen to make sure it’s dealt with appropriately

Take down as much information as the witness can provide, using some of the original complainant’s questions to guide the conversation. Ask if they know of anyone else who may have seen/heard the discriminatory behavior.

Remind witnesses who feel they are being retaliated against because they provided information to notify you. If a manager or coworker complains, berates, or harasses them, they should inform you immediately.

Notify witnesses that the investigation is a private matter being managed by the company. They are not to discuss the situation with the accuser, the accused, or their coworkers. Confidentiality must be maintained for the company to come to a successful resolution of the claim.

Review any evidence or documents

If provided, review any materials the complainant or witnesses gave you. This could be in the form of:

• Emails with derogatory language
• Inappropriate graphics
• Abusive text or voice messages
• Videos the employee or coworkers took using their phone

Keep copies of all these materials for the investigation file.

Speak to the accused

There’s no avoiding it. No matter how uncomfortable the conversation will be, you’ll need to speak to the accused.

Again, your role is an impartial investigator, not a judge or a source of comfort. The person who filed the complaint may have been nervous and anxious. The accused person, however, may respond in the opposite manner.

Anticipate that the individual may be shocked, surprised, hurt, or angry that a complaint was filed against them. You’ll want to prepare for a range of emotions to ensure you have a professional attitude toward the meeting.

Start with the facts: ‘A serious matter has been brought to our attention that warrants a full investigation. A charge of discrimination has been leveled against you, and we’ll need your full cooperation to resolve the matter.’

Give them a chance to compose themselves before you continue. If necessary, let them know you understand they’re shocked or upset. Even so, you expect professionalism during the investigation. Provide them with the details of the claim and ask for their response. Your questions will mirror the original complaint interview template but with a few modifications.

Investigation questions for the accused employee

1. This situation was reported — tell me what happened from your point of view. Ask for details and specifics
2. When did this occur?
3. Where did it happen?
4. Were there any witnesses to the behavior? Please name them.
5. Can you provide any physical evidence of the action – emails, texts, etc.?
6. Was there a larger context to the situation that hasn’t been included?
7. Did the person tell you they were offended or concerned? If so, what was your response? Did you take any steps to resolve the situation?
8. Do you have any other information that might be helpful for the investigation?

As with all the parties of the complaint, maintain impartiality. Your role is investigatory. Don’t offer guarantees it will be alright or warnings that disciplinary action will follow. You’re gathering facts, not making determinations.

Remind the accused of your expectations

If there is tangible evidence of the discrimination, you may show it to the accused and ask for their response. Document any reply but do not offer or provide copies of the materials.

Don’t offer guarantees it will be alright or warnings that disciplinary action will follow. You’re gathering facts, not making determinations.

Remind the employee that the matter is confidential and they are not to speak to anyone in the company about the complaint. They are not to discuss the issue with the employee who filed the claim. The matter is now in the hands of HR or another leader who will manage the situation.

Notify the employee that retaliation of any kind against the claimant, colleagues, or coworkers who may have provided testimony will not be allowed. Warn them that retaliation can take many forms. They must not discuss the matter with the employee, treat them differently, or subject them to adverse employment decisions.

Give the accused employee time to compose themselves before going back to work. If that’s not possible, they may need to be sent home for the day. Remind them that when they return, professionalism is expected and required.

Review the evidence

After you’ve gathered as much information and testimony as possible, it will be time to review your findings and make a determination. In some cases, the behavior was inadvertent or unintended. In others, it was deliberate and meant to cause harm. What you find will inform the actions you take moving forward.

In many cases, unfortunately, there is no clear answer as to what did or didn’t happen. It may be a case of one employee’s word against another’s, with no evidence or witnesses to corroborate either side’s version of the situation.

This may be a hurdle for the investigation. How you move forward will depend on what you’ve learned.

The different outcomes you may experience

Whatever you’ve uncovered, it’s time to notify the employees and take appropriate action.

If the behavior/action was based on a lack of knowledge

In some cases, the employee isn’t aware they’ve caused offense. An example may be a manager who schedules a team member to work on days that should be observed as days off work due to their religious beliefs. The manager may be unaware of this requirement and is scheduling without intending to discriminate.

You may choose to meet with the manager/coworker together or separately. After they’ve been notified of the error, ask the manager to apologize to the employee and work to ensure the issue is resolved.

If the behavior was unintentional

Unintentional discrimination may be the result of disparate impact. A manager may schedule an employee for shifts they believe will make it easier for the worker to handle family obligations. This may result in shifts that receive fewer tips or less prestigious work assignments.

Advise the manager about disparate impact and how it is discriminatory, no matter the intent. Separately or together, work with the employee and manager to discuss a plan to move forward.

If the behavior does not meet the standards of discrimination

Some complaints do not rise to the level of discrimination. The action may not be discriminatory, or the employee may not be in a protected class. While the behavior needs to be addressed and may be worrisome or unprofessional, it’s not discrimination.

An example may be a manager who assigns menial tasks to new team members. In contrast, complex or rewarding work may be reserved for more tenured staff members. The complainant may believe they are the victim of age discrimination: that, based on their age, they’re being assigned low-value work.

Depending on where you do business, if the complainant is under 40, the claim of age discrimination does not apply. Under the Age Discrimination in Employment Act (ADEA), employees over 40 have job protection.

What about reverse age discrimination?

Some states have limited laws that protect against reverse age discrimination, but this scenario would likely not be discriminatory. In states without reverse discrimination laws, the employee, if under 40, would not be in a protected class.

If there were reverse discrimination laws where the company does business, the manager would likely be within their rights to assign more complex or rewarding work to employees with more longevity with the company.

Be clear with the staff member that, while you appreciate their concern and viewpoint, the matter is not discrimination under the law or your company policies. Thank them for bringing the issue to your attention. Inform them the investigation is concluded and no further action will be taken.

If the behavior was discrimination

Whether intentional or not, some conduct does rise to the level of discriminatory action. For these, you’ll want to take appropriate disciplinary action against the accused up to and including termination if necessary. The level of discipline should be proportionate to the offense.

Progressive steps or single warnings may be necessary. An example of progressive steps follows:

• An apology, change of behavior, and notation in the employee’s personnel file may be all that’s required
• A first warning letter, the requirement to change the behavior, and a short probationary period to ensure compliance may be necessary
• If the behavior/actions continue, additional progressive discipline may be needed
• Termination, even for a first offense, may be necessary depending on the severity of the action

If you’re unsure of what action is appropriate, contact an expert.

If you’re unsure of what action is appropriate, contact an expert. You may speak with legal counsel or an HR advisor to assist. They can offer examples of disciplinary actions that are appropriate based on the offense.

If no determination can be made

There are instances where opposing accounts offer no clear indication of who is right or being truthful. These ‘he said/she said’ type scenarios may be the most difficult to manage. You’ll still need to close the investigation (as much as possible) to everyone’s satisfaction.

Discuss the matter with both employees, informing them there is no substantive conclusion to the allegation. You may ask if they’re comfortable having the discussion together or if they would prefer to meet separately. In either case, you’ll need to be forthright: you cannot prove or disprove the complaint. Let them know the matter is documented, and you’ll be alert for any subsequent issues.

Advise both parties you believe their version of the incident was provided truthfully and in good faith. Still, you cannot take further action without the ability to verify the claim. Notify both staff members you expect professionalism moving forward. There is zero tolerance for retaliation of any kind.

Suggest options regarding how they interact going forward

If they feel they cannot work together, you may suggest an opportunity for either or both to be voluntarily reassigned. If that is not an option, you can offer mediation to help them work together in the future. Another option may be to suggest individual counseling if they’re unhappy with the outcome.

For now, without additional evidence or testimony, you’ll need to admit there’s little the company can do. Avoidance, as much as possible without impacting productivity, may be the plan for the short term. Another may be to ensure no ‘closed-door meetings’ occur moving forward.

The complainant may ask that others be present whenever they interact with the accused. A colleague may be of assistance for daily discussions or an HR representative for private conversations. You may have to negotiate back and forth with both employees to devise a solution that allows them to work professionally moving forward.

If the allegation was provably false

On rare occasions, an employee will bring forth a charge of discrimination they know is untrue. If you can verify the accusation was knowingly false, you may wish to take disciplinary action against the accuser. Assure whatever corrective steps you take are commensurate with the infraction.

It’s time to wrap up the investigation

Now that you have gathered all of the facts and supporting information and have made a determination, you’ll want to document your findings.

Finalize the complaint

As with every stage of the investigation, document every conversation and interaction. Be sure to include complete copies of the investigation in both employees’ files in the event an EEO claim or lawsuit is filed. Some employers ask staff to affirm, by signature, that their complaint was received, investigated, and resolved.

Do not provide copies of any of the documents related to the investigation to either the complainant or the accused. These resources may contain confidential information not disclosed in the inquiry or infringe on the privacy of individuals interviewed. Follow up as needed after the complaint is closed to ensure employees are working together professionally and productively.

Provide training

You may determine that training to recognize and prevent discrimination in the workplace is warranted. Training leaders to avoid illegal discrimination may be a part of your disciplinary action plan. Doing so provides managerial staff with guidance on recognizing and avoiding discrimination.

Training staff members may also be needed. Particularly if coworkers were aware of unacceptable behavior but did not report it.

If you don’t require training before an incident occurs, you should consider implementing it for all staff after a complaint has been lodged. It signals your commitment to your staff members, a culture of respect, and a workplace free of harassment and discrimination.

Reflecting on the investigative process

You must immediately and impartially address a charge of workplace discrimination. Hold an independent investigation even though it may be challenging to set aside preconceived notions and personal relationships.

Doing so protects the rights of employees — both the accuser and the accused — the organization’s culture, and the business as a whole.

The post How to Investigate a Claim of Discrimination appeared first on Workest.

Union election petition filings increased 57% in the first 6 months of the 2021 fiscal year. Roughly 1 in every 6 Americans lives in a household where at least 1 person is a union member.

While companies like Starbucks might take to illegal union-busting activities, an antagonistic relationship isn’t the only one to have with a union. Whether your employees are showing an interest in organizing or have already successfully unionized, here’s how to work with a union rather than against it and why.

Reconsider a union as a threat to your business

As the Industrial Relations Centre at Queens University explains, there’s a common mindset among managers whose employees unionize. They tend to think that, once there’s a union, their employees now work for the union rather than the business. “Nothing could be further from the truth,” an IRC facilitator writes.

Yet, it’s rare for an employer to accept a union without a fight. Yes, unions can give workers power that doesn’t always match the preferences and profit goals of corporate business leaders.

But a union at your workplaces doesn’t have to mean an all-out war between leadership and workers. It is possible to work positively with a union. Here are some tips and tricks for how to accomplish that.

Know that collective bargaining can be positive for both sides

Companies tend to think of collective bargaining as inherently bad. And it might be if all you’re worried about is the company’s profit and its shareholders.

If that’s the case, it is perhaps no wonder why your employees are unionizing. They’re the people who make your company the profitable business that it is and they deserve fair treatment and respect. If they can’t get it through their job, it makes sense that they’ll try to get it through a union.

If you’re genuinely concerned with the well-being of your employees, take unionizing efforts and the collective bargaining process as a sign. Perhaps there are places where you can improve, especially if you’re high up in leadership.

If you’re genuinely concerned with the well-being of your employees, take unionizing efforts and the collective bargaining process as a sign. Perhaps there are places where you can improve, especially if you’re high up in leadership.

If there are several layers of management between you and your workers, there might be things going on that you’re not aware of. So, first and foremost, good faith and an effort to understand should be the attitudes and sentiments you bring to the bargaining table.

“Collective bargaining … can provide positive contributions to both sides through a reduction in turnover and an improvement in communication,” writes Harry Katz in Fortune. Katz is the director of the Scheinman Institute on Conflict Resolution at the ILR School at Cornell University.

“Managers often blame workplace conflicts on unions when speaking in public,” he continues. “However, in private conversations, top executives at several unionized Fortune 100 companies have told me that unions and collective bargaining in fact cause their organizations to communicate more effectively with the workforce, enhance employee morale, and facilitate teamwork.” Those are some pretty big wins.

Invest in training on problem-solving

Working with a union is essentially a problem-solving exercise. There are workplace issues that the union wants to see addressed and vice versa. The more you can train leaders and employees on both the corporate and union sides on problem solving skills, the better.

“Skills-based training on joint problem-solving and conflict resolution can pay major dividends for both the company and the membership when [union representatives] and supervisors are skilled at identifying and working together to resolve issues,” the Queens University facilitator writes. “As part of the training, both parties should be then expected to address issues at the front line,” he continues. This is in contrast to pushing issues into a grievance process which often results in delays.

Form a labor-management committee

A labor-management committee is a lot like an employee relations committee. Whatever you decide to call it, the goal is creating a space to raise and address issues on a regular basis.

The best place to start with a labor-management committee is with guidelines that outline the committee’s operating principles. Without them, things can devolve quickly.

“Many LMC’s become dysfunctional very quickly, simply because the two parties have different views on the purpose and running of the committee that quickly degenerates into conflict,” the facilitator explains. Instead, “one of the first steps an effective LMC should take is to establish joint operating guidelines that will help ensure the committee’s success.”

There is no single form that these guidelines have to take. They should address how things need to work within your unique committee.

However, there are a few elements that will likely need to be included. It’s often useful for the guidelines to establish who will be part of the committee, how many people from each side will attend, and how often the committee meets.

This is just a start, however. You can get into more specific operating principles that cover everything from creating agendas to who keeps minutes and how. You might want to outline data collection processes that are used to define the issues the committee deals with.

It can also be a good idea to make problem-solving (instead of simply arguing) the clear goal of the committee. Of course you can get as detailed as you like by outlining subcommittees, for example.

Prioritize a joint commitment to communication

Surprises can quickly erode hard-won trust between management and the union. So opt for over-communication rather than under-communication. It’s unlikely that a poor outcome will stem from too much communication, but likely that a lack of communication can breed tension and misunderstanding.

Consider making a joint commitment to keep the other entity in the loop. Discuss expectations around confidentiality. “A healthy union-management relationship pays many more dividends to both parties than ‘tricking’ or surprising the other party ever did,” writes the Queens University facilitator.

Speaking of communication, when it comes to external communication, strive to engage in joint communications. If, for example, you reach a collective bargaining agreement, both parties should be involved in announcing it. This can be critical because the union and management often have different audiences in mind when they communicate.

Businesses often think of their leadership, managers, and shareholders. Unions often think about their membership. Because the audience is different, communication can be different.

And different communication about the same event can lead to an array of issues. Joint communication can help preempt these issues. Craft communications together so that each party will be using the same language to discuss the same news or event.

Businesses can have positive relationships with unions

It can feel like you’re out there alone in the business landscape by trying to work positively with a union. But, despite the headlines, rest assured that you’re far from the first or only business that has endeavored to work well with a union.

There are businesses that have positive relationships with their unions. It’s all about good faith efforts that the tips and tricks outlined here can help support.

Working with a union might be more work in the beginning. This can be especially true if you’re working to make that working relationship as positive and successful as possible. But know that, chances are, the effort will decrease over time and be more than worth it in the end.

The post HR Headaches: How to Work Positively With a Union appeared first on Workest.

Employee complaints can look like many different things, from minor complaints about workload or coworkers to major reports of harassment in the workplace. Human resource managers must understand that each deserves attention, no matter what the complaint is about or how seemingly unimportant it may seem.

The phrase “putting out fires” is commonly heard in the business world. The meaning of this phrase applies perfectly to HR’s role. Things that are vital to the health of an organization and its people include:

• Responding to complaints
• Hearing from employees about their needs and concerns
• Spotting warning signs

If companies ignore these issues, then small fires quickly build into infernos.

So, what happens when employee complaints and warning signs go unheeded? The possibilities are many, and often inaction can lead to more significant problems. Inattention from management and human resources can quickly poison a company’s culture. Morale might drop, leading to disengaged and unhappy employees. Or, in the worst-case scenario, disregarded complaints could result in an escalation of discrimination or harassment. These situations often end up in legal repercussions for a company.

Keep reading to learn our top five reasons not to ignore employee complaints and warning signs.

The real job of human resources

Human resource managers have a particular position in the hierarchy of a company.

HumanResourcesEdu defines human resources as the department responsible for managing all matters related to employees. In addition, they refer to human resources as collectively representing one of the most valuable resources in any business or organization. That’s a powerful moniker.

Many of the responsibilities of HR may revolve around administrative tasks. However, the most essential function that human resource managers perform is standing as a liaison between employees and everyone else in an organization.

The biggest mistake that managers make when dealing with employees is disregarding feedback. And essentially, that’s what complaints are. But it’s not always as cut and dry. Issues that start small and can grow larger may begin before any official complaint is made.

The biggest mistake that managers make when dealing with employees is disregarding feedback.

As for those outside of the human resource department, like managers and supervisors, companies must take extra care in directing them to handle complaints appropriately. They’re often the ones closest to employees every day. This means they may recognize warning signs first or receive complaints directly from employees.

Managers who handle complaints inappropriately lead to many issues for organizations. The Equal Employment Opportunity Commission (EEOC) reports that more than half of all complaints made in 2020 were retaliation claims. This means that employees who came forward to file complaints with their employers felt that someone in the organization retaliated against them.

There are serious consequences for organizations when HR turns a blind eye to complaints or warning signs. Repercussions could:

• Affect morale
• Impact performance
• Build into a messy lawsuit

Below are five reasons not to ignore complaints and warning signs.

Ignoring complaints escalates minor problems into larger ones

Not every complaint will need drastic action. But understanding that every complaint or situation deserves attention is key to success for human resource managers. Just remember the phrase “putting out fires.”

What happens when nobody bothers to put out the fire, and it’s allowed to keep burning? It likely gets more intense and may even take the entire structure with it.

Sometimes, human resource managers may overlook more minor complaints, deeming them unimportant compared to other issues. After all, with so many things to deal with every day, how much weight does the gripe of one employee about a coworker really have? The answer is it doesn’t matter how small or insignificant it may seem. If left to fester, it will undoubtedly get worse.

More serious complaints demand swift action from organizations. These complaints must receive a decisive and direct response from HR to prevent issues from escalating into complaints against an entire organization.

Ignoring complaints damages team morale

Employees need to feel valued by their organizations. They especially need to feel heard and understood during situations where they believe something is unfair or inappropriate. That’s why organizations must have structures in place that employees understand how to access in the event of a complaint.

Asking employees for regular feedback helps them feel valued. Because there is a direct correlation between appreciation and morale, organizations should support these things at every level. Organizations must listen, seek to understand, and react fairly if an employee lodges a complaint of any kind.

Ignoring complaints creates a toxic work environment

Company culture is a significant driver for today’s labor force. Employees have developed a clear understanding of their value in the workplace. They are no longer afraid to hold organizations accountable for creating adverse working environments. On the contrary, employees who feel like their company is developing a hostile or toxic work environment will quickly relocate to other companies.

If employees bring complaints to the attention of human resources or direct managers and receive no action in response, they will quickly grow to see organizations as untrustworthy and unsupportive. This is counterproductive for companies that work so hard to build a positive reputation and create a culture that honors morality and values.

Ignoring complaints directly harms the working environment for everyone.

Ignoring complaints stifles improvement instead of promoting it

Every organization needs to work hard to improve. The goal of any business is to get better. Whether it’s:

• Redefining policies
• Streamlining procedures
• Working toward improved performance

Many companies use the term “continuous improvement” to outline this goal. In essence, it means that organizations look for ways to improve every aspect of their business daily.

Complaints from employees, or warning signs recognized by managers, are clear signs that there is room for improvement somewhere.

It may be tempting for organizations to see complaints as one-off scenarios. Management handles a complaint, the problem goes away, and everything returns to normal.

But what companies are missing is the big picture. Complaints from employees, or warning signs recognized by managers, are clear signs that there is room for improvement somewhere.

Ignoring complaints can have serious legal consequences

The last reason not to ignore complaints is a big one. When employees bring serious grievances of harassment, discrimination, unfair treatment, or similar issues to the attention of managers or human resources, they are exercising their right to protection in the workplace.

If organizations fail to react appropriately to these complaints, then employees may have legal recourse to hold organizations accountable for their actions or inactions. Litigation and legal recourse are serious and real possibilities for organizations that fail to respond swiftly to employee complaints or fail to do so in the correct manner.

Conclusion

Handling employee complaints and recognizing warning signs takes practice and skill. Even for the best mediators and problem solvers, it can become a tricky task.

Detailed policies that explain how to respond to complaints should be in place. These policies should outline how employees can log complaints, including a way to make reports anonymous. They should also include detailed steps for managers or human resource employees on responding to employee complaints, including when it’s necessary to involve upper management executives.

The most important thing organizations need to remember is that every complaint deserves attention from companies. When companies respond this way, they protect employees and the organization.

The post 5 Reasons Not to Ignore Employee Complaints and Warning Signs appeared first on Workest.

Each year, annual salary raises increase the amount we offer staff members. Hopefully, those align with increasing revenue.

Current economic conditions are shifting the way many business leaders are planning annual increases for 2023. A shortage of skilled (or trainable) talent, inflation, and other factors are putting pressure on businesses to raise wages more significantly for the coming year. In order to attract and retain talent, paying more might simply be the cost of doing business in 2023.

How much will salary increases cost in 2023?

A new survey from Salary.com verifies business is planning on spending more just to stay the course. Their survey polled over 1,000 HR professionals across a wide range of industries in the US and Canada. Survey findings show that almost half of the participating companies admit the 3% raise of the past is gone. Most companies are anticipating a minimum of 4% increases. Some are even planning on 5 to 7% wage adjustments for the coming year.

In order to attract and retain talent, the need for a slightly higher cost of living allowance may be needed.

The data shows wage increases are anticipated across the range of workers. Staff will likely see the same 4% boost to their wages for the coming year. Regardless of whether people are in positions as:

• Executives
• Managers
• Exempt
• Non-exempt employees

Smaller businesses (with fewer than 500 full-time staff) are more likely to offer Cost of Living Allowance (COLA) raises to workers than their larger counterparts. SMBs plan on a 2.5 to 2.7% COLA increase: large companies 2%.

The effects of inflation may be more deeply felt by workers in smaller organizations. In order to attract and retain talent, the need for a slightly higher cost of living allowance may be needed.

Can you afford to pay more?

Wages have started to rise steadily as business leaders continue to compete for available talent. Minimum wages have also been increasing in states around the country, adding to economic pressure. In many areas, $15 per hour plus is the least a company will need to spend to hire entry-level talent. Even when their location’s minimum required wage is considerably lower. For some, talent is unavailable at any price.

For most businesses, margins are tight. Supply chain issues are making it challenging to keep pace with demand, and inflation is pushing the price of every material and supply higher. Passing costs along to customers has its risks. For many, the price may be too high; for others frequency of purchases may be affected. The additional cost of wages may tip the already precarious balance many small businesses are currently experiencing.

On average, small business profit margins run about 7 to 10%, depending on the industry. For service-oriented organizations with less overhead, that range can be higher. The margins may be significantly lower for some, like food service operations. Many companies weathered the pandemic doing more with less, including reduced revenue. Recovery may be slow and steady, but additional financial pressures could be challenging.

Can you afford not to pay more?

The tradeoff between retaining staff members with a slightly larger than planned increase may be worth the investment. At $15 per hour, 4% means the wage goes to $15.60: if you had planned a 3% increase, the adjusted wage would be $15.45.

If the employee is full-time, at 40 hours per week, the annual cost at 4% increases from $31.200 to $32.448: at 3%, it rises to $32,136. The extra $312 across the entire year could mean retaining that staff member and avoiding the cost of recruiting, hiring, and training their replacement.

Other costs

Remember that bumping an employee’s salary, no matter how large or small, isn’t the only cost involved. As their wages increase, so do the business’ contributions for FICA and other payroll taxes.

Time off with pay will cost more, as well as the expense of matching contributions to retirement accounts. If bonuses are tied to wages — either as percentages or otherwise — you’ll also want to factor in those costs.

While it may seem like a small investment to raise salaries for one or two employees, the more people on staff, the higher the cost will be. According to the Small Business Administration, almost 30 million SMBs in the US employ nearly half the American workforce. In recent years, small businesses, mainly companies with less than 50 employees, added more jobs than their larger counterparts.

While the expense of salary increases will rise, it may still offset the cost of attrition — particularly in a competitive market. Retaining your high performers saves money in the short term and increases profit in the future.

Messaging matters

Employee engagement is key to any successful business. When staff members feel valued and are rewarded fairly, they take ownership of their work and company. Of the many ways employers look to increase engagement, wages are a first step. Still, they’re only part of their overall strategy.

Employee well-being is another way to connect with staff members. Financial wellness programming has been trending as a top benefit employees want from businesses. These offerings help workers with the most basic to the most complex financial planning. Whether it’s working to pay down student loan debt or retirement readiness, financial wellness plans help workers directly and, as a byproduct, their employer.

Business leaders in every size organization are aware of the financial pressures employees are under. Rising inflation is making it difficult for staffers to stay afloat. Many employers have chosen to raise wages to help. Others are working with staff members to offset the high cost of gas with gift cards and cash payments.

Business leaders in every size organization are aware of the financial pressures employees are under. Rising inflation is making it difficult for staffers to stay afloat.

While the actual difference in the hourly increase may not seem substantial, there may be a psychological effect. For workers typically accustomed to a 3% increase, letting them know that for 2023 4% is forthcoming may be a welcome message.

Whatever the market dictates

Another consideration when planning for 2023 increases will be what the market will bear. As you compare current and planned compensation rates for employees, look at the competition in your area. Are you paying a fair rate for the work being performed?

You may be able to compare exact work titles and responsibilities to local businesses. To assess your place in the market, look at:

• What they’re paying
• The benefits they’re offering
• How successful they are at recruitment

Hint: the more a company’s ads run, the more difficult time they’re having finding help.

For some positions, there aren’t direct comparisons. Look for comparable skill levels rather than titles when assessing your compensation plan. If the role is entry-level with relatively low responsibility, look for something similar. The higher up the skill set, the more you’ll want to look for equivalencies.

If training is necessary, what will the ultimate skill level become? Look to local businesses to compare what they’re paying for trainees in similar industries to make your assessment.

Capturing the eye of valuable talent

Keeping pace with continuously changing economic conditions is typically the wheelhouse of small businesses. Their small size allows them to transition quickly and with agility in response to whatever comes their way.

As financial forecasts show no sign of an uptick, it will be up to business leaders to determine where they’re investing wisely. In most cases, satisfied, engaged employees are one of the best investments an organization can make.

The post HR Headaches: Budget for Higher Salary Increases for 2023 appeared first on Workest.

Often, the video goes viral. For some, that means 15 minutes of online fame. For others, it can mean a negative impact on their lives, their career, and their company. The question for business — should employees be allowed (or even encouraged) to TikTok on the clock?

Social media is a powerful marketing tool if used correctly. Most businesses find that without a strong social media presence, they lose market share and applicant interest. The professional business line can be blurred when employers give up some control over the social media narrative to their employees. Whether it happens intentionally or not.

TikTok bombs…

TikTok failures riddle the internet: workers who share how little (if any) they do while on the job may get a few ‘good for you’ responses. However, they may be setting themselves up for criticism and disciplinary action in the larger picture. While the employer may be thrilled to have an employee tattle on themselves, it’s not a good look for your organization.

Starbucks recently fired an employee who posted how he and his colleagues would like to respond to demanding customers. While no customer was in the store during the taping, and the responses were never used, the brand felt it suffered, and the employee lost his job.

Brand damage doesn’t just mean lost customers. It can mean lost talent, as well.

One tech worker bragged about getting a new job at a higher salary on the platform. She went on to post several additional videos about how she got the new job. The National Labor Relations Board protects workers who discuss their salary, even online. Still, the new employer rescinded her job offer nonetheless. Their concern was that if she was willing to share her private information, she might post some of the company’s.

…and their fallout

Your brand is your livelihood. Bad social media posts can damage a worker but can also hurt your company’s reputation irreparably. Even the slightest negative post an employee thinks is only shared with friends can go viral quickly. Once it’s out there, it puts your organization on the defense for something an employee said or did, even if it was contrary to your mission and policies.

The fallout can be quickly managed, or it may have long-term repercussions. Often, otherwise, good employees are fired immediately in the name of damage control. There may need to be repeated apologies to customers, shareholders, and colleagues to mitigate the impact in the marketplace.

Brand damage doesn’t just mean lost customers. It can mean lost talent, as well. Applicants will shy away from companies with a negative online reputation — even for jobs that pay higher than the going rate. Some estimate a negative online brand, either through reviews or damaging videos, can cost an organization 10% more for every hire they make.

On the other hand….

Some businesses are encouraging employees to post to TikToks as a means to boost their brand.

• Make-up companies may ask staffers to post tutorials
• Video game companies ask workers to walk through new games and systems

These influencers can net tens of thousands of followers.

Some employees are so joyfully executing their duties they simply cannot contain themselves from sharing their exuberance with the rest of the world. They may:

• Love the new window dressing just set up
• Be inspired by a new line of products
• Not be able to resist a post about an amazing coworker or customer

These organic brand ambassadors could give your business a big boost, provided the messaging is positive.

For every employee who posts about a colleague who saved a customer from a carjacker, there are 10 posting videos about rampages and thefts in stores. While employees and the company are victims in these videos, the public may shy away from shopping at those locations in the future for fear of their safety.

Controlling the narrative

For most businesses, TikToking on the clock should either be prohibited or carefully monitored to ensure posts are aligned with the company’s messaging. Your social media policy should be clear and communicated frequently.

The company’s brand is its livelihood. You’re within your rights to prohibit videos created on the clock or on-premises. You may want to be flexible in the event of positive posts, but require these are approved by someone higher up on the corporate ladder before they’re sent into cyberspace.

Pay to say

In some cases, posting is driven by management, either with a social media team or through employee influencers. If an organization encourages employees to brand-promote on their personal social media pages, it’s probably a good idea to compensate the staffer for doing so. If staff members are paid to promote, you should have a broader range of control over the published content. You may suggest items for them to sample or demonstrate or allow them to do so organically within limits.

If you are paying internal influencers, you’ll want them to disclose they’re being supported for their promotional efforts. You don’t want to mislead the buying public into believing employees are spontaneously posting about a new product when they’re being asked and paid to do so.

If you’re considering outsourcing TikTok influencers, buyer beware. Some estimate that many of their ‘followers’ are rented, fake, or bots. TikTok influencer fraud cost businesses over $1 billion in 2019 alone.

The consequence of a TikTok presence

We want our employees to be happy and have fun on the job. We also know there’s a benefit to them sharing their joyful workplace experience online. While we’re in awe of the server who can deliver a dozen beer steins to their table at once, they might not appreciate the video if they’ve tripped and fallen on the way.

You may encourage employees to participate in certain TikTok challenges, like song and dance or mannequin videos to post. You’ll probably want to discourage them from the milk crate or cinnamon challenges — especially on the job.

While there may be positives to TikTok videos, the downsides can be significant.

A post about a stand-out employee is great. One that might embarrass a colleague isn’t. The person posting may believe it’s all in good fun, but the person who’s been taped obliviously snoring away at their desk might disagree.

Protect your brand

Businesses have a right to protect their company and an obligation to protect their employees. While there may be positives to TikTok videos, the downsides can be significant. Your social media policy should:

• Outline the risks versus rewards
• Ask employees to use good judgment when creating a video
• Ask for permission (at the very least) from their immediate supervisor before the content is shared

Train managers and supervisors to view any potential online content with an eye toward protecting the company and staff. Have them consider the following: Does the video…

• Align with the company’s values and mission?
• Portray workers and customers positively?
• Represent the business in a positive light?

If the manager doubts that the video will be anything short of a net positive, they should run it up the management ladder for additional advice. Remind managers they may be held liable for the content they approve. If it comes back as a negative, they may be accountable.

Should you allow employees to TikTok on the company’s behalf or not?

Even the most innocuous-seeming content may be problematic. Some of the savviest marketing professionals have had content come back to hurt the company when the wrong term has been included or the incorrect graphic has been used.

The internet is forever. No matter how quickly you take down the video, it’s out there. And if it goes viral, it grows exponentially.

The bottom line about TikTok on the clock

When protecting your business and staff, it’s a best practice to prohibit employees from creating or posting social media posts while on the job.

Unless posts are very narrowly protected as ‘concerted speech’ as defined by the NLRB, most companies agree TikTok on the clock should not be allowed unless the content is expressly approved by management.

The post Ramifications of Employees Posting TikTok Videos appeared first on Workest.

A primary concern for many business owners is how to manage their human resources efficiently. While staff management plays a vital role in any organization, it can also be a massive drain on time and resources.

This is especially true for smaller companies that do not have a dedicated HR team or department, leaving the company open to risks.

Some common HR management challenges for growing businesses include:

• Attracting and retaining top talent
• Managing labor costs
• Maximizing productivity
• Administering payroll and benefits
• Complying with changing employment laws

As any seasoned business owner knows, growth comes with new responsibilities and sometimes more stress. Many business owners turn to professional employer organizations (PEOs) or human resource information systems (HRIS) to ease the burden.

Let’s look closely at PEOs and HRIS to see how they compare.

What is a PEO?

A professional employer organization is a company that provides HR services to businesses. These services include payroll, benefits, workers’ compensation, and compliance with employment laws. When you partner with a PEO, you outsource your HR responsibilities to them. Therefore, you do not need to hire an in-house HR team.

PEOs typically work on a co-employment basis. This means the PEO becomes the employer of record for your employees. However, you maintain control over how your employees are managed daily.

Most PEOs work exclusively with small to medium-sized enterprises (SMEs). They only take on clients with a certain number of employees (usually fewer than 50). This is because they must pool their resources to support multiple clients to offer the most competitive rates.

What is an HRIS?

A human resource information system (HRIS) is a software solution that help businesses automate and manage their HR functions. These systems are usually cloud-based, which means they can be accessed from anywhere and offer high scalability.

Unlike PEOs, an HRIS does not provide any additional services beyond the software itself. Therefore, you are still responsible for managing your staff.

Regardless, an HRIS can save you time by automating many everyday HR tasks, such as:

• Tracking employee time off
• Storing employee records
• Calculating payroll
• Administering benefits
• Managing performance reviews

An HRIS can be a good option for businesses of any size. However, it is particularly well-suited for small businesses that do not have the resources to outsource their HR or hire an in-house HR team.

Pros and cons of a PEO

Now that we have covered the basics of PEOs and an HRIS let’s take a closer look at the pros and cons of each option.

PEO positives

PEOs offer benefits that make them a compelling option for addressing HR administration challenges. Some of these include:

• Access to a comprehensive suite of HR services: PEOs can take on all your HR responsibilities, from payroll and benefits to compliance with employment laws. This can free up your time to focus on other aspects of running your business.
• Fast implementation: A PEO needs less time to get going than an HRIS because you do not have to install software and train your team. You can usually start using a PEO’s services within weeks.
• Cost savings due to economies of scale: PEOs can offer their services at a lower cost than most businesses could achieve on their own. This is because they spread the cost of their services across multiple clients.
• A potentially lower risk of errors: A typical PEO will have systems and processes to minimize errors. Therefore, you get the peace of mind of knowing well-equipped professionals are handling sensitive tasks like payroll, benefits, and record management.
• Compliance support: PEOs are experts in their field. As a result, they stay up-to-date on the latest changes in employment law. Partnering with a reputable organization can help you avoid costly penalties for non-compliance.

PEO disadvantages

Despite these advantages, PEOs are not without their drawbacks. Below are some of the potential disadvantages of working with a PEO.

• Loss of control: When you partner with a PEO, you outsource your HR responsibilities to them. Consequently, you might lose control of aspects like employee relations and benefits administration.
• Potential for high costs: While PEOs can help you save money on HR costs, the fees can still be significant. For instance, most PEOs will charge you a percentage of your payroll — in addition to other fees. Furthermore, you might be required to pay an exit fee if you terminate your contract with a PEO.
• Operational and cultural mismatch: When you partner with a PEO, your HR team will likely be off-site. As a result, they might not have the same in-depth knowledge of your business as an in-house team. This could lead to communication problems and a lack of understanding of your company’s culture.
• Data security issues: When you partner with a PEO, you entrust them with sensitive employee data. Therefore, it is critical to do your due diligence to ensure adequate security measures are in place to protect this information.

Pros and cons of an HRIS

As an alternative to a PEO, an HRIS offers several unique benefits.

HRIS benefits include:

• Increased efficiency: Unlike a PEO, which takes over HR tasks entirely, an HRIS requires you to handle HR tasks yourself. Nevertheless, it automates many repetitive and time-consuming tasks, such as payroll, benefits, and time off administration. Therefore, your team gets more time to focus on more strategic tasks.
• Greater flexibility: While PEOs may offer a one-size-fits-all solution, an HRIS allows you to tailor the system to meet your specific needs. For instance, you can choose which modules to add or remove depending on the size and needs of your business.
• Improved data security: When you use an HRIS, your employee data is stored on your servers. Therefore, you have greater control over who can access this information and how it is protected than you would with a PEO.
• Savings: HRIS are typically more affordable than PEOs because they do not require you to pay service fees. Moreover, many HRIS systems offer a pay-as-you-go pricing model, which allows you to only pay for the features you need.

However, choosing an HRIS instead of a PEO has its own set of drawbacks.

HRIS disadvantages include:

• Implementation and training costs: Setting up an HRIS can come with a significant upfront cost of implementation and training. You might even have to hire a specialist to help you get the system up and running.
• Ongoing maintenance: Once an HRIS is up and running, you must ensure it is regularly updated and maintained. Maintenance costs can eat a substantial chunk of your savings from using the HRIS.
• Less support: When you use an HRIS, you are essentially on your own regarding HR tasks. This autonomy can be problematic if you do not have the internal resources to handle these tasks effectively.

How to choose between a PEO and an HRIS

PEOs and HRISs attempt to solve the same problems with 2 different approaches. While a PEO simplifies HR management by outsourcing tasks, an HRIS system does so by automating them. Unsurprisingly, both options have pros and cons. Choosing one over the other will depend on your specific needs and preferences.

Use the questions below to gauge whether your organization will benefit most from a PEO or an HRIS.

Which HR issues are you looking to solve?

Mundane tasks like payroll and benefits administration can quickly bog down your HR team. If you are looking for a way to free up your team’s time, an HRIS might be the best solution. On the other hand, if you want a comprehensive solution that will take over most, if not all, aspects of HR management, you may want to go for a PEO.

How big is your HR team?

Automating HR tasks may save your team some time, but you still need people to use and manage the system. If your team is already struggling to keep up with your growing business needs, you might want to consider a PEO instead of an HRIS.

How much are you willing to spend on HR management?

Despite the implementation and maintenance costs, an HRIS is often more cost-effective than PEOs, especially in the long run. So, if you are running on a tight budget, you will likely save more with an HRIS than a PEO, even if hiring more in-house staff to manage the system.

How much control do you need?

If you prefer to have as much control over your employee data and HR processes as possible, an HRIS is the better solution. However, if getting maximum support outweighs the need for control, then a PEO is the way to go.

How much support do you require?

PEOs offer comprehensive HR support, making them ideal for businesses that do not have the internal resources to manage HR tasks effectively. If you need this level of support, a PEO is likely the better solution. However, if you are confident in your team’s ability to manage HR tasks, an HRIS may be a better fit.

Do you have concerns about data security?

Sharing sensitive employee data with a third-party service provider can be a security risk. So, if you are worried about data breaches, an HRIS would be the better solution, as it allows you to keep your employee data on your servers.

Which approach best aligns with your company culture?

Consider whether a hands-off or hands-on HR management approach would align with your company culture. If your culture values transparency and employee participation, keeping things in-house with an HRIS would be a better fit. On the other hand, if your company culture is more top-down, a PEO will be a safe bet.

So, which is the best option for you?

HR headaches are commonplace in the SME landscape. After all, as your business grows, so does the complexity of HR management. Fortunately, today’s market has the options you need to get ahead of the challenges.

As your business grows, so does the complexity of HR management.

PEOs and HRISs are viable solutions for managing HR effectively. However, deciding which is best for your company requires careful consideration of your needs, preferences, and the general pros and cons of each option.

To summarize, choose a PEO if you:

• Want a comprehensive solution that will take over most, if not all, aspects of HR management
• Need to streamline HR operations as soon as possible, which means you do not have the time to implement in-house software and train your team
• Need a high level of support from your HR service provider
• Are less concerned about losing control, compromising data security, or leaking institutional knowledge than you are about getting the support you need.

Choose an HRIS if you:

• Prefer to have as much control over your employee data and HR processes as possible
• Are confident in your team’s ability to manage HR tasks
• Are worried that sharing employee data with a third party will compromise control, data security, or institutional knowledge
• Cannot afford the recurring fees of a PEO
• Have a culture that insists on active employee participation in HR matters

Whichever route you choose, the most important thing is to select the solution that will give you the highest return on investment. If you are still unsure, click here for more insights.

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Taking away a job offer can be a difficult decision, but it is 1 that you might have to make. There are reasons you might decide to rescind a job offer, and you need to consider them before making a decision.

Employers frequently have to rescind job offers. One primary reason is that employers don’t have enough information about the candidate to make an informed decision. Information may come to light that removes the candidate from consideration.

Another reason is that the employee may not meet the company’s expectations or standards.

What are the reasons for rescinding a job offer?

There are a variety of reasons why you might rescind a job offer. For example, perhaps your company merged with another, and the new company has a different policy on hiring employees from outside the company. Maybe someone else got the job after your applicant had accepted the position.

Sometimes, you will rescind a job offer if you learn the applicant has lied about their qualifications or experience. For example, suppose a prospective employee fails a criminal background check, misrepresents their background, or fails a drug test. In that case, the candidate usually will have no legal leg to stand on if their offer gets rescinded.

The job offer process is a 2-way street. You need to find the best candidate for the job, and candidates need to find the best job for themselves.

If a job offer is rescinded, it’s usually because the employer has found a person with a better background or personality for the position. Maybe they have more experience or better skills.

Sometimes, candidates have to leave because their qualifications don’t match what you’re looking for. You may ultimately change your mind after meeting or speaking with the applicant and decide they may not fit.

You don’t want to burn bridges with the candidate you rejected. The best way to rescind a job offer is with honesty. Let the candidate know that someone else was better suited for the job and explain why. They will understand and appreciate your honesty.

What are the reasons not to rescind a job offer?

If you rescind a job offer after learning of something in the applicant’s background, the applicant may have a discrimination claim.

For example, if you discover an applicant was denied because of a disability, the applicant may have a claim for disability discrimination. Similarly, the applicant may have a discrimination claim if the employer rescinds the offer because of the applicant’s race, ethnicity, or national origin.

You can’t rescind an offer for discriminatory reasons such as race, religion, gender, age, or national origin. Furthermore, job applicants may be able to obtain legal protection if they feel they have experienced discrimination.

What are the legal consequences of rescinding a job offer?

If you rescind a job offer, you face the risk of legal consequences. If the rejected offer was based on discriminatory reasons, you could get sued by the applicant for discrimination.

Additionally, if the employer has already started to invest in the recruiting process — such as advertising the position or conducting interviews — they may be liable for damages to those affected by the rescinded offer.

Whatever the reason for revoking the job offer, you must be careful how you do it.

Other legal implications can include reimbursing the candidate’s expenses while waiting for the position. These could include lost wages or bonuses from former employers, moving expenses, and even damages by losing seniority if they are permitted to return to their former job.

So whatever the reason for revoking the job offer, you must be careful how you do it.

The risks of offering a job before the background check

When you extend a job offer to a potential employee, you take on a certain level of risk. This is especially true if the employer has not yet completed a thorough background check.

A few risks come with extending a job offer before the background check is complete. The most obvious risk is that you may have to rescind the job offer if you find something negative in the background check. This can be costly for you and the potential employee, damaging your reputation and creating animosity between the applicant and your business.

Another risk is that an unscrupulous applicant may use information from the background check to blackmail or harass the employer after hiring. This could lead to financial losses for the company and emotional distress for its employees. Furthermore, you could invite litigation by the candidate for discrimination.

HR teams should urge employers to wait until after getting results from the background check before extending a job offer. It’s also important to remember that some reviews are more thorough than others, so choose a reputable company to do the search.

How to mitigate those risks in a letter of employment

One way to reduce the risk before any possible rescinding happens is to craft a letter of employment to the candidate, including:

• Making it clear that the offer is an at-will employment
• Not using language implying an offer is a guarantee of employment
• Listing the conditions like credit checks, references, and drug testing in the offer
• Including a termination date for the offer so that the employee can’t drag their feet

What are the steps to take when you must rescind a job offer?

You can take these steps when rescinding a job offer:

• Contact HR. They may also help you find a replacement for the position.
• Notify the candidate. You should inform them that the job has been rescinded and explain why. Help them avoid wasting time applying for future roles that may not be available.
• Let them respond. When you rescind a job offer, you should allow the candidate to respond. Let them explain their side of the story and provide information that could change your mind.
• Give them a chance to correct errors. For example, maybe the candidate made a mistake on their application or during the interview process. Allow them to correct any errors so you can be sure you are making the best decision for your company.
• Offer to assist them in finding a new job. If you rescind the position due to something out of your control, offer to help in the job hunt.
• Review your hiring processes. Look for ways to improve and avoid situations like this in the future.

Need to rescind? Be sure hiring practices are legal and fair

You may rescind a job offer for many reasons. For example, external (candidate) factors, or internal (company) factors may force you to remove a candidate from consideration after the job offer.

You can end the employment relationship in most states as long as the reason for rescinding the job offer doesn’t break any federal hiring or employment laws and isn’t related to whistleblowing.

If you must revoke a job offer, consult with HR, so your actions are legal and fair. They’ll ensure you have good reasons for rescinding. In addition, they’ll guide you to follow the correct procedures and inform your strategy for re-recruiting.

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