The Pathfinder Blog
The premier forum
for sharing best practices
in organizational, personal and
professional development
I remember playing outside my home one bright summer morning, a happy little kid running around happily with all of my happy little friends, when my parents approached me with a proposition.
“We're going to the Beach today!” they pronounced through broad smiles.
I was only five years old, had no idea what “the Beach” was, and, besides, I was having a grand time with my friends in our yard, so I politely passed on the opportunity and kept playing.
That's when my parents pulled out their PowerPoint slides.
The Beach Water! As far as the eye can see You can walk or swim in it You'll be completely safe We'll hold your hand We won't let go Sand! As much as you want You can dig holes in it as deep as you like We'll even let you bury us in it Candy and Ice Cream! Amusement Rides!
The Beach
OK, ok, I was sold. I sent my friends home, climbed into the car with my parents, and off we went.
And went, and went, and went. When you're only five years old, a couple of hours trapped in a car is a very significant percentage of your life to date.
So, peering ahead through the windshield, straining to see as far up the road as I could, I tried to spot this Beach I'd been sold. I'd see a house in the dim distance, or a tall tree, and I'd figure Wow! That must be the Beach! A few minutes later, though, we'd motor right past it, so I'd ask:
“Are we there yet?”
At first, my parents would smile and explain that the Beach was farther away, but that we'd be there soon.
So, I looked ahead again as far as I could see, and spotted a telephone pole, or an office building, and figured, “well, then that thing surely must be the Beach.” But we'd drive past it a few minutes later, and I'd ask again if we were there yet, and my parents would repeat, through thinner smiles this time, that the beach was farther away and we'd be there soon.
Our collective patience waned pretty quickly as I asked over and over, until finally, typical salespeople, they ordered me to stop asking and suggested I take a nap.
I woke up as we finally made it to the Beach, which was very hot, and very crowded, with impossibly long lines of sunburned tourists trailing up far ahead of us to every amusement ride. Yes, there was plenty of water, but it was dirty and cold and rough and full of strange people. Yes, there was plenty of sand everywhere, including in my ice cream, on my candy, and especially in my bathing suit and sneakers.
Covered in greasy sunscreen and toasted in the spots we missed, we packed up after a few hours and headed silently back home in our car. As the Beach faded in our rear-view mirror, I put the whole miserable experience out of my mind. Until I grew up.
My professional life sometimes feels like my childhood trip to the Beach. People are selling me the Future all the time, a Future filled with wonderful products and services, a marvelous place where everything works and everyone's happy. We're off to “The Beach!”
It's a bumpy ride, though, so be sure to buckle up.
Questions
"Everything happens for a reason. It is what it is. Whatever will be, will be. Accidents happen."
Sound familiar? They're all common, everyday variations of Murphy's Law: "Anything that can go wrong, will go wrong." If you're like most people, you probably drop plenty of phrases like these in casual conversation without thinking much about them.
But let's think about them.
Murphy's Law actually says a lot more about your subjective mental state than your objective situation. It's a way to cope with a very human feeling that, like most people, you hate admitting in yourself as much as you perhaps enjoy celebrating in others: blame. Blame hurts, and that can trigger your instinct to deny facts and rewrite your history
The term "cognitive bias" refers to a family of such coping mechanisms, which are illogical tendencies to custom-tailor reality to better suit your ego. This particular flavor of cognitive bias, claiming personal credit for your successes while attributing your failures to factors beyond your control, is called the self-serving bias. By filtering out inconvenient truths, your self-serving bias helps you to artificially elevate your self-esteem, which, by avoiding the pain of blame for a failure and/or triggering the ego boost that goes with claiming credit for a success, reinforces your biased behavior.
Part of your self-preservation mechanism, your brain is wired to try to control your future, or at least to anticipate and prepare you for it. Therein lies the psychological difference between a promise and a prediction. Your promises commit you to outcomes while your predictions merely involve you in events. A particularly stressful complex of feelings and behaviors, blame happens when things don't turn out as you said they would.
Looking back on a disappointment, did you promise that outcome? Or did you just predict it? Cop to the former and, ouch! You take the blame. On the other hand, if you can somehow pretend to the latter, you can deflect the blame onto your imaginary friend "Murphy."
You learned this as a school child when you promised your English teacher you'd hand her an essay on Friday morning but, OMG! Unpredictably, your dog ate the only copy Thursday night. Can she please give you the weekend to write it again? What did your English teacher teach you when she said Yes?
You grew up and got better at it. One day, as a sales manager, you painted two pretty pictures of the future for your boss: 1) sales for the fourth quarter will be up 15% over last year; and 2) you'll organize the year-end company picnic, which will be held on June 30.
The sun shone bright on the picnic that June 30, but Q4 sales were down 6% from last year. Those blown figures? Well, considering the thin support you got from Marketing, the crappy product design, and a lousy economy, you and your team actually rescued the company by limiting the decline to just 6%. And, hey! Didn't you pick the perfect day for the company picnic?
Once upon a time, hoping that they might learn about colors while haing some fun, the parents of young twins gave each a coloring book, “My Day at the Zoo,” and a big box of crayons. Working separately for many hours, the twins eagerly decorated the many black-outlined animal drawings in their books.
The Operator
At the end of the day, the first twin, beaming with pride, returned her finished book to her parents. She had colored the elephants a precise elephant gray, the horses in various shades of horse-brown, and the birds in many different and very bird-appropriate pastel hues. She had colored every animal picture in her book with obvious care, accurately, smoothly, and consistently, exactly within and never outside of its printed borders.
“What color is this?” the parents asked while pointing to the perfectly colored picture of a canary perched on the branch of a tree. The first twin proudly announced “Yellow!” “And this?” the parents asked, pointing to the tree's branch. “Brown!” she replied. “And this?” they asked of the leaves on the branch. “Green!” said the child with a broad grin.
To her parents' delight, the first twin knew the proper names of every color in the crayon box, too, and even the exotic shades, like periwinkle and cerulean blue. She generalized what she had learned that day as well, correctly identifying the color of the kitchen's new drapes as carnation pink and Dad's necktie as puce. Her parents were very happy. As they had hoped she would, she had learned all about colors.
The Conceptualizer
A while later, the second twin returned with a scribbled-on book full of absurdly colored pictures of bright red lions and deep blue turtles. His baffled parents looked blankly at each other.
“What's this?” asked his parents tentatively, pointing to a purple dog.
“Cool huh?” replied the second twin. “I got that color by mixing the red crayon with the blue one.”
“And this?” asked the parents, pointing to an orange giraffe.
“That's the color you get when you mix the red one and the yellow one,” he replied.
Perplexed, his parents fell silent. Sensing their confusion, the second twin explained, “There are lots of colors in the crayon box, but, here, see?” Using the blue and yellow crayons, he scribbled a few lines across a picture of a cow. “See?” he said again, pointing to the color he had just made. “You can make every different color in the whole box by mixing different amounts of just a few basic colors.” In response to another long, silent stare from his parents, he prompted “See? I made green! Isn't that cool?”
But all his disappointed parents could see was a sloppily colored green cow. “Uh huh… that's… cool...” they muttered through thin smiles, as they silently pondered enrolling him in a Special School.
Encouraging Forests to Hide Among Their Trees
As we travel along our separate paths to professional enlightenment, our journeys' peripheral details tend to distract and even divert us. Not surprising, as, after all, aren't we taught from childhood that great recognition and material reward bloom from the carefully cultivated seeds of knowing the littlest details? A young child, like our first twin, praised by her parents for having just learned and recited the names of the colors of all the crayons in the box, naturally sets about discovering and memorizing the names of all the other colors in her world, too. Eventually, after years of being praised for committing shade after shade to memory, the child, now all grown up, can “ace” a standardized test consisting of multiple-choice name-the-color questions, perhaps to be officially declared a Certified Color Expert (CCE). More recognition, promotion, and material reward ensue, all further proving the value of mastering even the tiniest details.
Yet, aren't the roots of a deep awareness of the human experience of color, which had begun to sprout within the second twin, in the enlightened observation that each can be formed by mixing different amounts of the primary colors of red, green, and blue? Burnt umber's Red/Green/Blue coordinates, for example, are 138, 51, and 36. Likewise, every hue can be expressed as numeric coordinates along these three basic dimensions, and even more profound truths underlie this knowledge, in the physiology of the human eye, and in the physics of light. Perched on the verge of these revelations, with a little encouragement, perhaps the second twin would uncover the few basic laws that govern all these many details? Will his parents find the wisdom to “color” him outside the lines of their own expectations and encourage his quest? Will he brave disappointing his parents and harness the power of his own curiosity to urge himself along in his unorthodox, but more deeply true, pursuit of understanding?
Details, we must master them, but the Truth calls us from beyond them. It waits, masked, behind them. To reveal it, we must risk a deeper way of thinking. And more than merely tolerate it, we must actively encourage such thinking in others.
Society Conditions Us to Be Unethical
Article By: Terry Clancy – www.OnwardEducation.com
Don't be a rat. Don't be a whistleblower. Don't be a tattletale. These are things everyone has heard time and time again while growing up in our society. As children our parents tried to teach us right from wrong. They spent months and years drilling into us how we should act and the consequences if we do the wrong thing. And isn't that how we as parents are teaching our own children?
This can be very confusing for a child. Often times when a child sees another doing something they have been taught is wrong, they will tell a teacher or a parent. The other children then label him/her a tattletale. Peer pressure is often more powerful than the parent's instructions, so what does the child do the next time he/she sees another doing something wrong? They stay silent and look the other way.
This idea is reinforced throughout our lives. Just look at many movies and television shows. It's a very popular scenario; a character on the wrong side of the law is made out to be a hero. There's a code that you do not “rat” anyone out. Now, I'm not suggesting that we stop watching these shows. In fact, I like them as much as the rest of you, but we need to be clear on how to act in actual situations in our own lives.
What did you do the last time you saw a co-worker do something considered by your company to be unethical? Did you confront them or report their behavior? Or, did you look the other way? These are difficult and uncomfortable questions because we've all been in this situation. None one is 100% ethical in every aspect of their lives. We're all human and it's impossible to be perfect. With that said, what we need to strive for is to increase the percentage of times when we are doing the ethical thing. Through continued exposure to ethical discussion and training it will be possible to close the gap between our current percentage and 100%.
It also seems to have become acceptable in our society to engage in unethical behavior if after having been caught you apologize. Now it helps if you seem sincere in your apology, but that's not always necessary. It really says a lot that people are willing to forgive such large transgressions, but where are the consequences for unethical actions? Even as a child you were punished for wrong doing.
Besides societal conditioning, the other major reason why people act unethically is fear. People are afraid of losing their jobs. For instance, perhaps they know of a boss's unethical behavior. Others fear confronting someone engaging in unethical behavior. They would rather stay quiet and in their comfort zone. Some people just don't know the right thing to do, so they look the other way. We need to look beyond the conditioning and fear and look to what is right for your company and your community. Doing the ethical thing is not the equivalent of being a rat, whistleblower, or a tattletale. Doing the ethical thing will pay big dividends in life and at work. In this depressed economy, we need all the tools in our toolbox to stay in business. Ethical behavior by a company will keep customers coming back and draw new customers to you.
For more information on ethics training for your employees please visit; www.OnwardEducation.com.
Permission is given to reproduce this article only in its entirety.
Boring Ethics Training Doesn't Work!
Article by: Terry Clancy
You're ready to go to bed and thoughts of the upcoming day fill your head. Same old, same old you think as you go through your mental checklist. Suddenly, you get that feeling of butterflies in your stomach. You fill with anticipation and joy as you remember that tomorrow is no ordinary day. There is a special meeting for all employees. Yes, it's that time again… mandatory corporate ethics training.
What do you mean, you don't like ethics training? What's the reason for that attitude? Is it because the ethics trainings you've been to are boring and led by someone reading from your corporate Code of Ethics Handbook? The same handbook you were supposed to have read on your own and, in fact, signed a document stating as much?
Unfortunately, all too often ethics training is conducted in this manner. There is such a negative tone to these meetings. You're told what not to do and the consequences for deviating from the Code of Ethics. When organizations are trying to increase ethical behavior, how effective are such trainings?
Most people learn more and remember longer when they are engaged, participate and have fun during the process of learning. Ethics/Compliance training can be fun when real life scenarios are presented to the attendees and together with the trainer they arrive at that answer for what is ethical and unethical. Standing in front of people lecturing to them will not leave a lasting impression, at least not a positive one and they will most certainly not remember much of the material presented.
One question I like to ask the groups I address is “Got Ethics?” Ethics is a word we all use and think we know, but do we all have the same understanding? After speaking with thousands of professionals I found that most people don't really get ethics. They confuse ethics with morality or legality when, in fact, they are three different concepts. From this starting point it then becomes possible to discuss ethical and unethical behavior as a group. We focus on the positive outcomes of ethical behavior, how it can increase your sales or customer service scores, combat negative public perception about your industry, make you a better employee and a better person in your personal life.
Making ethics real to people makes it stick. They no longer see ethics as just a bunch of rules to follow and instead see it as the right thing to do. They understand and internalize that ethical behavior will help everyone involved. Internalization of ethical behavior should be the goal of all ethics trainings.
For more information on ethics training for your employees please contact Terry Clancy at tclancy@onwardeducation.com.
The CDC's strategies for dealing with obesity. Today we take a look at a unique wellness guide that could get you a 300% return on your investment.
Of course, it's not easy for most people to diet and lose weight, and then keep it off. Behavioral interventions are often the key to success. Behavioral strategies for obesity prevention and control focus on teaching behavioral management skills and structuring the social environment to provide support for people trying to initiate or maintain weight change.
Strategies often include individual or group behavioral counseling, and often involve co-workers, family members, and other intermediaries who are part of an individual's social environment.
Behavioral methods include:
· Modeling or demonstration
· Participatory skill development
· Individual benchmarking (i.e., goal setting and achievement)
· Providing feedback
· Providing incentives or disincentives
· Providing materials necessary to enhance the desired behavior (e.g., pedometers, food journals)
Promising Practice #4: Weight-loss Competitions and Incentives
Competitions and incentives consist of rewards for losing weight, making behavioral changes, increasing physical activity, or improving nutrition. The rewards can be in-kind, financial, or just the pride of winning. The incentives can vary in size and by type and can be used for:
· Screening
· Enrollment
· Compliance (i.e., staying in the program)
· Completing the program
· Maintenance of the changes after completing the program
Promising Practice #5: Behavioral Practices with Incentives
Behavioral practices teach behavioral management skills, modeling or demonstration, participatory skill development, and individual benchmarking (i.e., goal setting and achievement), provide feedback, and build social support for behavioral patterns.
Such practices are complemented by in-kind or financial incentives, typically given for participation and completing the program.
Promising Practice #6: Behavioral Practices Without Incentives
These programs offer the same types of behavioral skills development as the programs described above, but do not offer incentives. The typical behavioral practice consisted of one-on-one or group consultations with personalized goals or plans of action to improve employees' nutrition, increase their physical activity, or help them lose weight.
There's little doubt that the programming described above can help with obesity. And that's an important part of a complete wellness program.
Well-structured and well-run wellness programs generate ROI of up to 300 percent—music to management's ears! But the key words are “well-structured” and “well-run.” Poorly structured programs just spin their wheels—no health benefit and no positive ROI, either.
By Geoffrey James
January 12th, 2010 @ 12:04 pm
Well, not “mad” so much as “incredibly brilliant.” Dr. James Oldroyd of the Kellogg School of Management is probably the world's greatest expert on the measurement of cold calling. He examined and analyzed the electronic logs of more than a million cold calls, made by thousands of sales professionals inside approximately 50 companies. I recently interviewed him for a feature article; here's an excerpt from our conversation:
Pregnant employees typically present a host of Family and Medical Leave Act (FMLA) issues, and then, for many employers, there's the very tricky balancing act of fetal protection—what to do when the mother wants to work in a job that might endanger the unborn child.
Under FMLA, incapacity because of pregnancy or prenatal care is generally considered a serious health condition.
Under the FMLA, leave for the birth of a child is available to either men or women. There are some special requirements and exceptions:
Leave for the birth of a child must be completed within 12 months of the date of birth.
An employer is not required by the FMLA to grant intermittent or reduced leave to eligible employees to care for (meaning “to bond with”) their newborns. Employers, however, may elect to do so.
However, if the mother has a serious health condition in connection with the birth of her child or if the newborn child has a serious health condition, the employer's consent for intermittent or reduced leave would not be required.
Employees can take as much or as little FMLA leave time as they want (subject, of course, to the 12-week maximum) and need not provide any certification. Leave for birth is available automatically and does not relate to any medical need of either the parent or the newborn child.
Note: Many states have their own family and medical leave laws that are similar to the FMLA. Employers covered by the FMLA should follow its requirements with respect to pregnancy leave, unless the employer's own disability/pregnancy leave policy or the state leave law is more generous.
Although the Equal Employment Opportunity Commission (EEOC) has stated that it should be the employee's decision whether the hazards in the workplace to unborn children are worth risking for the position, a ruling by the U.S. Supreme Court in 2002 upheld the employer's right to exclude an applicant or employee from the workplace where it had determined that the workplace would subject the individual to substantial harm.
So what should you do in these situations? Make a careful and well-documented determination of the danger. This determination should not be based on fear or speculation that a pregnancy may indicate a greater risk of future injury or absenteeism or may cause future workers' compensation or insurance costs.
An employer may disqualify a pregnant employee or applicant only where there is specific medical documentation, reflecting current medical knowledge, that this individual would be exposed to a significant, current risk of substantial harm to health or safety.
Pregnancy, FMLA, fetal protection—just a few of what, a dozen challenges hitting your desk daily? How about those intermittent leave headaches, accommodation requests, or attendance problems? Let's face it, in HR, if it's not one thing, it's another. And in a small department, it's just that much tougher.
January 11th, 2010 @ 5:48 am
Here's a quick way to test whether any cold-calling script will actually convert sales leads into sales prospects.
Call up your cold-calling script on your screen. Call up a clock application (or just use your wristwatch.) Read the script aloud as you would say it over the phone, while keeping half an eye on the clock.
Then ask yourself the following five questions:
Here's a real-life example:
Hi, John. Jim here from Acme Cost Control. [Question #1=YES] Did I catch you at an okay time? John, I'm sure you're busy and I want to respect your time, so I'll be brief.” [Question #2=YES] The reason for my call is this. We just saved Universal Transport an additional 12 million dollars in shipping costs, so I thought it was important to reach out to you, since every company has an obligation to their customers and shareholders to reduce expenses as much as possible. [Question #3=YES, Question #4=YES] I don't know if you have a need for our services, but with your permission, let's talk for a few minutes to determine if there is anything we're doing that could benefit you. Would you be comfortable spending just a few minutes with me on the phone right now, if I stick to this timetable? [Question #5=YES]
Hi, John. Jim here from Acme Cost Control. [Question #1=YES] Did I catch you at an okay time?
John, I'm sure you're busy and I want to respect your time, so I'll be brief.” [Question #2=YES]
The reason for my call is this. We just saved Universal Transport an additional 12 million dollars in shipping costs, so I thought it was important to reach out to you, since every company has an obligation to their customers and shareholders to reduce expenses as much as possible. [Question #3=YES, Question #4=YES]
I don't know if you have a need for our services, but with your permission, let's talk for a few minutes to determine if there is anything we're doing that could benefit you. Would you be comfortable spending just a few minutes with me on the phone right now, if I stick to this timetable? [Question #5=YES]
Because the answer to all five question is “YES”, this is an effective cold-calling script.
The above is based upon a conversation with Keith Rosen, author of Coaching Salespeople into Sales Champions. His thoughts on sales motivation were recently featured in the post “Sales Goals Can Be Your Worst Enemy.”
In this tough economic time where we are confronted with multiple and challenging employment decisions, it is rare that we find both wisdom and levity bound together so poignantly.
HOW TO RECRUIT THE RIGHT PERSON FOR THE JOB? Put about 100 bricks in some Particular order in a closed Room with an Open window. Then send 2 or 3 candidates in the room and close the door. Leave them alone and come back after 6 hours and then analyze the situation. If they are counting the Bricks, put them in the Accounting Department. If they are recounting them, put them in Auditing. If they have messed up the whole place with the bricks, put them in Engineering. If they are arranging the bricks in some strange order, put them in Planning.
If they are throwing the bricks at each other, put them in Operations. If they are sleeping, put them in Security. If they have broken the bricks into pieces, put them in Information Technology. If they are sitting idle, put them in Human Resources. If they say they have tried different combinations, yet not a brick has been moved, put them in Sales. If they have already left for the day, put them in Marketing. If they are staring out of the window, put them on Strategic Planning. And then last but not least. If they are talking to each other and not a single brick has been moved, Congratulate them and put them in Top Management.
Good Monday morning to you,
Phil Lower
A recently released report concludes that a stunning percentage of workers in this country are underpaid and otherwise mistreated at work. The surprisingly widespread incidence of violations suggests that they are probably happening to some extent in your workplace.
It's likely that these figures will spur government agencies (and plaintiffs' attorneys) to an even higher level of scrutiny of employers' wage and hour policies and practices—quite possibly your own.
The survey was conducted under the auspices of three research organizations: The Center for Urban Economic Development, the National Employment Law Project, and the UCLA Institute for Research on Labor and Employment.
Researchers for the Broken Laws, Unprotected Workers survey collected data in 2008 from 4,387 workers in low-wage industries in the three largest U.S. cities—Chicago, Los Angeles, and New York City. The researchers used an "innovative, rigorous methodology" designed to reach vulnerable workers who are often missed in standard surveys, such as unauthorized immigrants and those paid in cash.
The study found that many employment and labor laws are regularly and systematically violated. The most frequent violations were:
Fully 26 percent of workers surveyed were paid less than the legally required minimum wage in the previous workweek. Worse, the violations were not trivial: 60 percent of workers were underpaid by more than $1 per hour.
Of the respondents who worked more than 40 hours during the previous week (about 25 percent of respondents), 76 percent were not paid the legally required overtime rate by their employers.
Like minimum wage violations, overtime violations were of substantial magnitude. The average worker with a violation had put in 11 hours of overtime—hours that were either underpaid or not paid at all.
Nearly a quarter of the surveyed workers had come in early and/or stayed late during the previous workweek. Of these workers, 70 percent did not receive any pay at all for the work they performed outside of their regular shift.
The large majority of our respondents (86 percent) worked enough consecutive hours to be legally entitled to a daily meal break during the previous week. Of these workers, more than two-thirds (69 percent) received no break at all, had their break shortened, were interrupted by their employer, or worked during the break. (Editor's note: Federal law does not require meal breaks; however, many states do require them.)
In the states surveyed (and many other states), workers are required to receive documentation of their earnings and deductions, regardless of whether they are paid in cash or by check. However, 57 percent of workers surveyed did not receive this mandatory documentation in the previous workweek.
In addition, 41 percent of respondents reported deductions from their pay in the previous workweek that were viewed as illegal by authors of the survey.
Of the tipped workers in the sample, 30 percent were not paid the tipped worker minimum wage. In addition, 12 percent of tipped workers experienced tip stealing or "sharing" by their employer or supervisor.
No one likes dealing with the Family and Medical Leave Act (FMLA), but every HR manager is doing it. Barbara Dahlen's approach has satisfied DOL and other agencies while at the same time significantly reducing FMLA time off.
Take the case of "Bristol," says Dahlen, one of her employees who tried to wear her out. "It didn't work," she adds. Dahlen is an HR manager at Bellefontaine Habilitation Center in St. Louis. She made her remarks at the recent SHRM Annual Convention and Exposition in New Orleans. (For Dahlen's tips on managing intermittent leave,
Bristol's original FMLA request was submitted "for up to 10 days per month." That's half a month, says Dahlen. "You can't have employees out half the time. You're going to be short staffed, or you're going to have to shut a line down."
Bristol was sent for a second opinion, which didn't concur. Dahlen gave Bristol a third opinion letter, "Pick from these three doctors." (They were psychiatrists and Bristol's problem was depression.) Bristol responded, "I don't like those doctors, they are too far from my house." Dahlen sent another letter with new doctors, the last ones she could find. ("It's hard to find doctors, let alone psychiatrists, who will do third opinions," she notes.)
And, by the way, you pay dearly for additional opinions, Dahlen says. Typically, she pays $450 to $500 for a second opinion, and often $1,000 for a third opinion.
Bristol rejected the new doctors, and found her own doctor in the phone book, not a psychiatrist, a general practitioner. She brought in a form with "Third Opinion" handwritten at the top. Dahlen sent out a new third opinion letter, stating that the first five doctors were still available. Bristol chose another doctor out of the phone book.
Meanwhile, Dahlen says, she had had discussions with Bristol to explain why she was doing what she was doing. And she had had family members in to explain.
At this point, Dahlen talked to DOL. "These are steps I've taken. Do you agree that I've done everything I needed to?" Eventually, Bristol was terminated for absences and the termination was upheld by DOL.
"If you document everything, and you do everything you can possibly do, DOL will support you," Dahlen says.
.
Hold employees to what's on the "cert," Dahlen says. If the employee's condition changes, fine, he or she needs a new cert. DOL is clear on that, Dahlen says. "If you are missing more days than you are certified for, and there is no new cert, it goes to attendance," she tells employees.
You can terminate an employee for performance while he or she is out on FMLA, Dahlen says. One example, she says, would be when the substitute worker finds a cabinet full of work the person on leave was supposed to have done. However, she says, her advice is, "Always call the lawyers before you do a termination like that."
Don't be afraid to ask for proof, says Dahlen. "Danica" put in a claim for FMLA leave for problems relating to her child. Other employees said she had no legal relationship with the child. Dahlen requested the child's birth certificate. Danica said she wouldn't provide it.
"They have to provide it and we don't have to pay for getting it," Dahlen says. You can also require a copy of a marriage license, she adds. Tell the employee, "If I don't get it, I will deny FMLA."
By BLR Founder and CEO Bob Brady
A lot of things have changed in the past year, causing priorities to shift and business practices to be reevaluated. Are you wondering how the situation at your organization compares with others in your industry?
Last December, a survey conducted by WorldatWork and the American Benefits Council found that the financial crisis had not significantly discouraged employer 401(k) contributions or participation.
A full 74 percent of employers reported they were planning no change in their matching contribution; 15 percent had either increased or were considering increasing the employer match; 8 percent had either decreased or were considering decreasing the 401(k) match; and 3 percent reported eliminating the match.
The survey found that more than 9 out of 10 U.S. companies were offering an employee 401(k) plan. In addition, despite the widely reported drop in account balances, two-thirds (66 percent) of organizations indicated that at least 70 percent of eligible employees participated in those 401(k) plans in 2008.
But, as they say, that was then and this is now.
For years, BLR has surveyed employee benefits to find out what HR and benefits professionals had seen in the preceding year and what they were expecting in the coming year. This year, we are expanding that program by conducting a series of brief, targeted benefits surveys. The findings of these surveys will be analyzed and presented free to all respondents. And we're starting with 401(k) benefits.
Employers continue to be concerned about employees' financial preparations for retirement, the company's role in supporting the plans, and the proper place of 401(k)s as an important tool in overall benefits program design. How confident are you with your answers to the following:
· Are you offering competitive 401(k)/pension benefits to your employees? (Or considering it?)
· Are you confident that your company's plan is effective for recruiting talent?
· Is your current plan helping with retention?
· Are you providing adequate retirement resources?
Take our brief survey and see how your current course and plans for the future stack up against those of the country's most successful companies.
The survey only takes a few minutes to complete, and it will help you stay on top of your industry and keep your company competitive.
By sharing your insight, opinions, and experience, you'll help us highlight trends and define benchmarks—by industry, geographic location, and size of employer—that will inform your decision making for the coming year.
At the same time, you'll gain a highly valuable strategic planning tool that will help ensure that your company is offering competitive benefits.
Please be assured that all responses are confidential and only aggregate findings will be published.
By Nicole Capehart, HR Manager, American Realcorp
Use short-term rewards to reap long-term benefits, says HR manager Nicole Capehart. She has achieved a 48% drop in absenteeism for essentially the cost of a few dozen donuts.
Fresh out of college with my new degree in hand, I took my first HR job, ready to revolutionize my new workplace. Of course, I had no idea what was in store for me. Effecting change is a lot of work; it is a lot of pushing, prodding, and coming up against brick walls. It is almost enough to make the status quo look inviting.
I have found though, that change can happen, and one of the best ways to encourage change is to have a solid employee motivational program in place. Although a simple program is easy to implement and maintain, I have seen that the idea is often discounted or practiced inconsistently.
My motivational program has four parts and costs very little, yet it has made a great impact on the company. My strategy is easy: Set long-term goals but award in the short term. At the start of the year, employees are asked to meet goals throughout the year that increase company productivity and revenue. For example, one of our companywide challenges for this year was for employees to have a year of perfect attendance.
Once the goals are established, the next hurdle is to keep employees focused on the long-term goals in the present. I do this through a series of reward levels. This is how "Operation Motivate Employees" was born. It has four parts.
Every week, short praise notes are sent to employees in each department throughout the company. Notes contain such praise as "Thanks for going the extra mile with your customer" or "Thanks for staying late to get the job done!" (You can do this yourself if you are able to observe employee actions, or you can insist that managers and supervisors single out employees each week.)
Every month each department has a breakfast awards meeting to honor employees who have met the established goals for the entire month. Additionally, the department that has performed the best for the month earns the company's "traveling trophy." The only cost is the price of breakfast food (donuts are always a favorite), a congratulatory certificate, and candy bars to go with the certificates. (Set up a clear system for calculating the departmental traveling trophy winner—competition can become fierce!)
Once each quarter the entire company meets for awards. Employees who have met or exceeded the established goals for the entire quarter are recognized. Prizes include coupons for paid time off or small gift cards, and, of course, there are always donuts!
At the end of the year, at a special event, the company honors employees who have met the established goals all year long. The prizes are significant (OK, this does cost more than a donut), and the employees strive to earn them.
To date, this simple strategy has employees working harder than ever before. They want to win the traveling trophy recognizing their department as the best in the company, they want to earn the individual prizes, and they want to be recognized in front of their peers.
And the payoff for the company? Absenteeism is down 48%, productivity is up, and the company has directly saved $9,500.
The great thing about a motivational program like this one is it can be designed and tweaked to fit any company. Our company is small, and giving rewards often keeps the employees focused. A bigger organization may have different needs, but regardless of the size or nature of your organization, the foundation that a motivational program lays has the potential to make the revolutionary changes you have in mind. I'm already making the ones I had in mind at the start of my career.
That's Nicole Capehart's e-pinion. How about yours? Do you have low-cost—or high-cost—reward systems that produce results? Let us know how your system works, and what its results have been, and we'll publish the answers. Contact us at info@onwardeducation.com.
Retaliation suits are the one type of EEOC suit that is increasing, and Attorney Judith A. Moldover says HR managers have an "incredible role" in sparing their organizations the expense those suits invariably bring—even if you "win" them.
Retaliation claims are very fact related, says Moldover, and that makes it especially important that someone with good judgment—like an HR manager—be there to guide management through the case.
By the way, Moldover says, HR's role doesn't end when the case ends—you have to keep an eye on management as long as the employee who complained is employed.
Moldover's comments came at the recent Legal and Legislative Conference of HRNY, the New York City chapter of SHRM. Moldover is with the New York City office of law firm Ford & Harrison LLP.
One of the keystones in a claim of retaliation is that the employee must have suffered a materially adverse action. As a result of the Burlington Northern case, Moldover says, we have a definition for retaliation: an action that would dissuade a reasonable employee from making or supporting a charge. Furthermore, the action need not be employment related.
In the Burlington case, a supervisor constantly told a female worker, "Women shouldn't do this work." Then he started saying other things to her with sexual overtones. When she complained, the company investigated and punished the supervisor by giving him a 2-week suspension without pay and making him go to sexual harassment training.
So far so good, says Moldover. But then, the same day the complaining employee was told about how her complaint was resolved, she was taken off her relatively easy forklift job and given a much harder and more physical job. She didn't lose seniority, pay, or title, but the court did find that the action was adverse.
In another case, an HR manager who reported to top management made a complaint. Soon thereafter he lost all his staff, was moved to another area, and found himself reporting to a middle manager. His new boss said to him, "I don't know why they sent you to me. I don't have anything for you to do." As with Burlington, the manager kept his title and his pay, but the courts found that the action was an adverse action.
However, in another case, a company moved an employee who had complained about sexual harassment away from the harassing supervisor. The new location involved a slightly longer commute. This action was not found to be adverse, but in fact it was judged to be a reasonable response to the complaint.
Moldover offered the following examples of other potentially adverse actions:
· Giving a lower evaluation. Even if the evaluation is only lowered from "superb" to "excellent," it could be considered an adverse action, especially if pay or promotional opportunities are affected.
· Transferring to a less desirable position. Transferring a person to another position or office could be adverse, although as noted, in sexual harassment cases, a move may be the best thing to do.
· Ultimate employment actions. Naturally, when you take ultimate employment actions, such as firing, demoting, not giving a promotion, or imposing discipline, you are likely taking adverse action.
· Lowering benefits. Removing a significant benefit could also be considered an adverse action, Moldover says.
When an employee files a charge or complains about a manager, the manager's response is often, "I'm going to sue for defamation!"
You probably don't want to do that, says Moldover. First of all, that case is going to be hard to win, and it's going to take resources and engender bad publicity. And if that's not enough, the countersuit itself could be viewed as retaliation.
By Jeffrey Pfeffer
September 10th, 2009 @ 4:44 pm
As my wife is fond of commenting, “change is seldom for the better.” A new chef at the highly rated San Francisco restaurant Ducca decided to make his mark by adding chili to some pasta dishes and grapes to others — with bad results. Mozilla's latest browser version seems to crash more than their last. There is a company that sells software so that Microsoft Office 2007 works like 2003, for those that preferred the former version. A former senior official at an important federal government agency told me that each time a new head took over, that person undid what the previous person was doing and began something different — regardless of what was working.
The tendency for new leaders to want to put their “stamp” on the organization and its products is a natural result of the desire to self-enhance — to want to feel good about ourselves by showing what we can do. Continuing what has been successful in the past doesn't feed our egos nearly as much as making a change that will be identified with us.
The problem is that all too frequently, change for change's sake is harmful or worse for organizational performance. You need to know the data: although there is a lot of emphasis on the benefits of change and innovation in much of the popular press, the evidence shows that change is most often bad for all concerned. First of all, most new ideas — like most new products — aren't very good, which is why there's such a high failure rate for innovations in virtually every industry. Second, change, even change to a better way of doing things, is inevitably disruptive to existing routines and demanding of new competencies and skills. While a company is making the transition, things can go wrong and costs increase, literally threatening the survival of the organization.
A study of 150 entrepreneurial start-ups in the Silicon Valley by organizational behavior professors Jim Baron and Mike Hannan illustrates this phenomenon nicely. Baron and Hannan found that companies founded with a commitment model for managing their people were more likely to reach an initial public offering or be acquired at a good price and were much less likely to fail than companies managing their people using other approaches. But — and this is what's important — companies that shifted to this more effective way of managing people were actually more likely to fail than companies than had begun with a different, less effective way of managing but stayed with it. That's because the benefits of changing to a better way of doing things did not outweigh the disruptive consequences of the transition. There is a great deal of evidence in this intellectual tradition — the population ecology of organizations — showing the same thing: change, in leaders, in strategy, or in organizing models, almost always leads to a higher risk of failure.
Change for its own sake also causes cynicism and resistance on the part of the rank and file. Since employees know that management approaches come and go as leaders transition in and out, they don't take the new initiatives very seriously. At a large bank Bob Sutton and I studied, branch managers and other executives knew that new initiatives would pass as leaders moved to new positions — so they never bothered to implement anything. Why should they, when the next person to take over would just undo it and try something different? Consequently, good ideas could not get traction and the work force was largely disengaged, watching the comings and goings and the initiatives of those in charge with bemusement.
Smart leaders understand these dynamics. They focus on changing only what needs to be changed because it isn't working — the recipes that aren't up to snuff or the product features that bother customers — and they keep what works, even if it's a legacy from the past. Second, they understand the costs and risks of change and losing focus, so they don't overburden the company by trying to do too many new things at once. Every business has a few core elements that make it successful, and the shrewd leader focuses on the minimum amount of change needed to improve those things, not making a bunch of other disruptions in activities that matter less.
The evidence from numerous studies shows that the aphorism “change or die” is incorrect. It's more likely to be “change and die.” The best companies know this and act accordingly. As is often the case, keeping leaders' egos in check is crucial for avoiding the “change stuff to make my mark” problem.
It's a pretty common scenario—you've gone through the motions of training, but the participants didn't pay much attention. That's a real problem with HR subjects, because the stakes are high. Today we'll offer tips for getting—and holding—your audience's attention.
What's the attention span of your trainees? According to studies of adult learners, your trainees are paying a lot less attention to vital training than you think. Most studies suggest that for most adults the outer limit of adult attention spans is about 20 minutes. And the longer a session continues, the shorter the attention span.
One study indicates that after an hour of uninterrupted lecture, attention spans can drop to 3 or 4 minutes, punctuated by long periods of inattention.
You have to wonder—and worry—about what trainees might have missed during those lapses in attention. Was it the essential piece of information that could have prevented a lawsuit?
So what can you do to maintain focus? Training experts suggest the following:
· Plan training sessions in reasonably small bits and bites. Say you're going to train on sexual harassment—what it is, how to respond, and how to report. Rather than delivering information about all three points in one continuous stream, break it up into three chunks.
o Talk for a bit and then discuss what you've just covered, encouraging lots of trainee participation.
o Have a question and answer period between training points.
o Divide large training groups into small groups to discuss issues or complete training exercises.
o Use quizzes and problem-solving exercises to challenge trainees and make them think about what they're learning.
o Give trainees a chance to practice what they've learned for a few minutes before proceeding to the next point.
· Take age into account. Realize that the younger your trainees are, the more you need to take attention span into account.
· Use a combination of training techniques. For instance, give a brief 5-minute introduction, show a short training video, have a discussion about key points, give a quiz, and then provide a handout and have a short review.
· Allow rest breaks during long training sessions. Give trainees a chance to get up and move around, have some coffee, and refresh themselves for the next round.
Training—meaningful training—is more critical than ever. And that's especially true for supervisors who are new to the job. They don't know how to handle basic tasks like hiring and firing, let alone intermittent leave, harassment, or accommodating a disability.
It's not their fault—you didn't hire them for their HR knowledge—and you can't expect them to act appropriately right out of the box. But you can train them to do it.
To train effectively, you need a program that's easy for you to deliver and that requires little time from busy schedules. Also, if you're like most companies in these tight budget days, you need a program that's reasonable in cost.
By Jessica Stillman
September 3rd, 2009 @ 6:09 am
Stereotypes about the youngest workers now entering the workforce are not always flattering. Gen Y has been called self-absorbed, coddled, entitled, and even diagnosed as suffering from an epidemic of narcissism.
After hearing all this, why would anyone want to hire a twenty-something? Gen Y is not without its faults, but thankfully we also offer valuable traits that can benefit any organization. If you get the sense that someone you work with is a little skeptical about this, point them in the direction of this recent post from Fast Company blogger Lindsey Pollak, where she rattles off five reasons she loves her Gen Y assistant:
September 3rd, 2009 @ 11:24 am
This week we're discussing opening remarks. Amazingly, many people still believe that it's best to start a sales presentation exactly like every other business presentation — with a personal introduction, a summary of the presentation, or a funny story. I think that's nuts.
Regular business presentations take place among people who generally know each other and either have worked together for years or will be working together for years. The purpose of such presentations is generally to provide information, come to agreement on operational issues, etc. As such, it makes perfect sense to use the standard “here's why we're here” or “hi, I'm Joe from accounting” openings.
Sales presentations are DIFFERENT. A sales presentation is intended to lead to a sale and, in most cases, it will be the first time that the decision-makers will meet you. The sales presentation is when you're making your FIRST IMPRESSION on the people who are going to make the decision to buy. Why in God's name would you want to waste that FIRST IMPRESSION on something that doesn't drive the sale forward?
Let's suppose you begin by introducing yourself. Fine. Even if you've got the best personality in the world, you've used your first impression up by asking the customer to absorb some (possibly irrelevant) information. They must now figure out a long series of connections about who you are and how that ties to what you're selling and how that is associated with what they think they might want to buy, which may not be what you're selling, etc. etc.
By contrast, going for a gut reaction in the first 10 seconds will cause them to forever associate you, your face and your presentation with a compelling need to buy. Tying your first impression to a memorable, relevant statistic — one that leads towards buying your product — keeps that association focused on the eventual goal of the relationship.
From then on, when they see your face, or hear your name, they'll be reminded of the compelling reason that they need to buy. That's exactly what you want.
In other words, use first impressions as sales tools.
Go for the hearts and minds in one swift strike with an emotion-laden, relevant statistic.
Introduce yourself AFTER you've made a first impression that they'll remember all the way to signing the bottom line.
Get it?
During the recent recession, many employees saw their jobs change and grow. There may be fewer bodies, but the work still has to get done. In a lot of cases this, means that job descriptions are out of date and inaccurate. They may be fodder for significant lawsuits if, for example, an employee is classified as exempt, but is now doing some non-exempt work, according to Attorney Sandra Rappaport.
"In this age of downsizing and job consolidation, even your best, most complete job descriptions have likely become outdated," she said, "and outdated job descriptions are a plaintiff's lawyer's best friend."
Rappaport said that if you're using an old job description that suggests exempt status, but your employee is performing non-exempt duties, you've got the makings of a costly lawsuit on your hands. "Wage-and-hour class action lawsuits are in vogue now," she said, "and many are based on misclassification issues."
Rappaport, a partner at the San Francisco office of law firm Hanson Bridgett, LLP, notes that many employers don't realize that it's what an employee does that matters, not the person's job title: "Someone called a "manager" may not be an exempt employee," she said. "Exempt workers who perform too many nonexempt duties may not be exempt."
Rappaport explained that even if you have a job description that was once accurate, employers around the country are doing more with less these days. In many cases, that means that once-exempt workers are spending more time on non-exempt duties. When the balance tips too far in that direction, you're required to pay overtime. You could even be on the hook for years of back overtime, depending on how long the misclassification has gone on. "Relying on an old job description and thinking you're safe is a sure path to disaster," she said.
"How many out there (of perhaps 6,000 HR managers in the audience) are perceived by your organizations as equal in importance to the CFO?" Jack Welch asked. About 10 percent believed they were. "That's not enough," he said.
Welch, former head of GE and a great supporter of HR, offered his tips for HR managers at the recent Society for Human Resource Management (SHRM) Conference and Exposition in New Orleans.
Welch said that if you owned a football team, you wouldn't hang around with the accountant. You'd hang around with the manager of player personnel. That's where the action is. And that's how it should be for HR managers everywhere.
How do you make your case? "Get out of the picnic and insurance forms business," Welch said.
No employee should wonder where he or she stands. When we have layoffs, all the affected personnel are saying, "Why me?" That means there haven't been good evaluations, Welch says.
Welch spoke about his famous (or infamous) 20-70-10 system that he installed at GE. (Briefly, under the system, 20 percent are rated as exceptional, 70 percent as fine, and the bottom 10 percent are eliminated.) Don't get the wrong idea about the 10 percent, he says. "The idea wasn't to machine-gun them—we worked with them, found a better situation for them, or helped them move on. Many of them had very successful careers."
"The number one thing to do to prove your value is to develop rigorous development and evaluation plans," Welch said.
"I don't want to work for the man."
The shock of the downturn has many employees thinking, "I don't like this." Your stars might stay a while, but when things get better, they're going to want out—a chance to control their own destinies—unless they work for a company that offers flexibility, growth, and excitement.
Challenge your organization to create that kind of atmosphere—"Grab them by the shirts." In today's market, you have to get creative taking care of the best and raising the average. "Make it better every day," Welch said. Do not be a victim, a player who doesn't suit up for the game.
Everybody is scared these days, said Welch. Are you feeling excitement, thinking about new ways of doing things, and how to restructure to come out thriving? Or are you hunkering down scared? "You have to make it vibrate—feel the excitement of tomorrow not the pain of today."
No whining, said Welch. And no over-positive cheerleading either. "People don't want cheerleaders when the thing is leaking," he added.
Walk the floor, tweet, do what you can to communicate, so employees think, "They're working for me."
"First of all," said Welch, "recognize that any jackass can manage for the short term—you just squeeze the hell out of it." And any jackass can manage for the long term—you just share your dream. But you have to do both, and that is hard.
Welch on HR: "HR is important in good times; it defines bad times."
“Every morning in Africa a gazelle wakes up. It knows it must run faster than the fastest lion or it will be killed. Every morning a lion wakes up. It knows it must outrun the slowest gazelle or it will starve to death. It doesn't matter whether you are a lion or a gazelle - when the sun comes up, you'd better be running.”
Author Unknown
Running away from what's chasing you isn't living, it's survival. Chasing everything or anything that comes along also isn't living, it's the other side of the coin. Living a passionate life requires defined goals. But the process of defining them takes a teacher, time, and practice.
Thomas Leonard, the Father of Modern Coaching and Founder of Coachville, wrote about the 10 Reasons to Hire a Coach. They include:
1. You will set far better goals that motivate you.
2. Accomplish goals, tasks, and projects more quickly.
3. Make fewer mistakes in your business life and your personal life.
4. Move up to your next level of your professional and personal life.
5. Reduce the number of problems you have and better resolve those that are left.
6. Make more money in your career, profession, or business.
7. You'll be a lot happier and this happiness will last.
8. You'll be much more effective and influential with others: family, business, and personal relationships.
9. You'll become much more attractive to others - on the inside and outside.
10. You'll have a better life, not just a better lifestyle.
As someone who has used a Life Coach/Mentor, the process has proved to be illuminating. Their ability to cut through my personal malarky has checked my mental attitude on more than one occasion. Not only can I see the trees and the forest much more clearly but I can recommend the process highly.
If you're doing 80% of everything right, it's the 20% that you're not doing or don't know your not doing that is holding you back. In my opinion, you'd be foolish not to fully consider the option.
Clarian Health of Indianapolis, Indiana, has announced that it will begin to charge employees who smoke, are obese, or fail to control high blood pressure or cholesterol. Management believes that a $5 per-paycheck fine will motivate people to change. But according to expert Lisa Ballentine, wellness rewards do a better job.
Most companies sponsor wellness initiatives with the goal of reducing ever-increasing costs of healthcare coverage. Clearly, that works, and such savings are surely Clarian Health's goal in doling out penalties. But there's much more at stake, attorney Ballentine.
Employees who exercise regularly bring good attitudes to work with them, because working out gets their endorphins flowing, Ballentine said. And, because they have more energy, they are more productive than their less-active colleagues.
It's clear that lack of exercise, smoking, and excess weight cause or exacerbate serious health risks. Some 23 percent of U.S. adults smoke, while 65 percent are either overweight or obese. So why not just refuse to hire smokers and obese people?
Employers in Michigan, Nebraska, Washington, and a few other states can legally reject smokers. But in more than 30 states, Ballentine warned, it's illegal to discriminate against candidates who engage in legal activities outside of work.
So as long as smoking, alcohol, and overeating are legal, employers can't consider these habits in hiring. Furthermore, she cautions, obesity can sometimes be classified as a disability under the Americans with Disabilities Act—especially if a spurned applicant can show in court that the employer regarded him or her as disabled based on appearance.
"Invest in your people," Ballentine said. Take a positive rather than a punitive approach to wellness. A cornerstone of her strategy is to educate employees about the benefits of staying healthy and the risks of failing to do so. "Foster a culture that values and rewards health progress," she advised.
For example, she suggested:
· Bring in health experts to offer 'lunch and learn' sessions about various aspects of wellness.
· Create company walking programs.
· Invite a weight-loss provider to sign your employees up for meetings on your premises.
· Sponsor employees for a stop-smoking program and reward them if they succeed.
· Conduct a health fair.
· Offer stress-reduction classes or information.
When wellness programs catch on with a few employees, Ballentine said, "You'd be amazed how contagious the spirit can become," with more and more people joining the effort to exercise, lose weight, or quit smoking.
Ballentine suggested affordable incentives that are easy to find and have a wide appeal to employees. For example:
· Cater a luncheon for program participants.
· Give movie tickets.
· Give free DVD rentals.
· Offer a paid day off.
· Give a small gift certificate from a local merchant.
Don't just pay for employee participation in stop-smoking courses, but also reward employees if they succeed in quitting, Ballentine suggested. Of course, while it is possible to do that, HIPAA (Health Insurance Portability and Accountability Act) privacy regulations make it a bit tricky. The following are some compliance tips for wellness programs.
Employee rewards based on participation only, rather than achievements or outcomes, are generally acceptable.
However, alternative means of participation must be devised and offered to employees who cannot, because of a medical condition, participate in the expected way. Examples might be someone in a wheelchair or someone with lung disease who must carry supplemental oxygen, either of whom might be unable to participate in an exercise program.
If employers want to offer rewards based on achievement rather than on participation (e.g., actually quitting smoking as opposed to just participating in the program), their programs must meet five requirements:
1. The total individual reward cannot exceed 20 percent of the total cost of employee-only healthcare coverage.
2. The programs that give rewards must be reasonably designed to promote health or prevent disease.
3. Participants in a program must be given the chance to earn the reward at least annually.
4. Programs must be available to all employees, so reward programs must give any employee for whom achieving the basic standard would be unreasonably difficult or medically inadvisable the chance to earn the reward in another way.
5. All communications material about the programs must state clearly that reasonable alternatives to the basic standard are available or that the standard can be waived if necessary.
In tomorrow's Advisor, we'll look at more tips for dealing with legal but unhealthy behaviors, and we'll take a look at a trusted program for developing a wellness program with a great ROI.
by Chris Morrison
Apple is famous for its products, but shrewd marketing has been an essential component of the company's success. Former Apple CEO John Sculley was not being entirely cynical with his famous observation that Apple was, first and foremost, a marketing company. While it's fair to say that Apple's engineers are the company's foundation, it's clear that without Apple's marketing and public relations teams, its mythic aura would long since have vanished. Here's how the company does it.
Apple has positioned itself as the tech provider for the creative class, so it often injects a dose of avant-garde savvy into its advertising. The iPod's boldly colored ads, for example, could have doubled as art school projects (or acid trips). Other spots simply articulate and emphasize the investment Apple has put into its design “language” — the engineering and styling that make its products so instantly recognizable. In almost every instance, Apple strives to appeal to anyone who lives (or aspires to live) a more creative life, and the results flatter both Apple's products and the people who use them.
Apple is not afraid to market its devices as game changers that are far better than the alternatives. Nobody would ever call Apple shy or self-effacing. That does wonders to reinforce Apple's brand, but it has a risky downside: Apple's barely concealed undercurrent of arrogance makes its fans feel like part of a special group, but it also repels some potential customers.
Whether you prefer a Mac or Windows PC, an iPhone or a Blackberry, there's no denying that Apple has become one of the world's most recognized brands, and Apple's advertising and marketing efforts have done much to make that happen. Apple's traditional advertising campaigns have been managed by the same ad agency, TBWA/Chiat/Day, since 1997. Ambitious, nonconformist, and witty, Apple's campaigns do more than just feature products: They also take explicit potshots at key competitors. The “I'm a Mac” ad campaign, for example, which contrasts a cool hipster (representing Apple) with an uptight office drone (representing Microsoft) was typically effective. Of course, the depiction of Microsoft as a bumbling, Dilbertesque suit recalls the powerful message of a much earlier ad campaign: the famous “1984” spot that Apple ran in 1983 to mark the launch of the original Macintosh, which characterized IBM as the agent of dystopian corporate conformity.
Apple's PR department, which maintains contacts with traditional journalists, bloggers, television shows, and just about anyone who covers the company regularly, has never fit the stereotype of fawning, eager-to-please flacks. “The genius of Apple's PR is the way the company uses secrecy and misdirection to generate buzz around its product announcements,” says Nick Ciarelli, the creator of Think Secret, a now-defunct Apple blog that aroused the company's ire. The launch of an Apple product resembles nothing so much as a military assault: months of impenetrable secrecy and denial, misdirection campaigns, waves of rumors, and finally a massive barrage of publicity as the veil comes off. “It's a strategy that infuriates partners, big corporate buyers, and the press, but it allows public speculation to build to a fever pitch,” Ciarelli says.
It's also fair to say, however, that secrecy and misdirection can be carried too far. Apple's PR attempted to pass off Jobs' recent serious illness, which ended in a liver transplant, as a “common bug,” a whopper that helped provoke shareholder lawsuits against the company.
Is it now negligence if you don't do background checks on MySpaceTM and Facebook? "We're not there yet for every job," says attorney Joseph Beachboard, "but it's getting there for sensitive jobs like installers and home care providers."
Beachboard's comments came at the recent Society for Human Resource Management (SHRM) Annual Convention and Exposition in New Orleans. He is a shareholder at the Los Angeles office of Ogletree Deakins.
Beachboard finds his clients looking at the following types of websites:
Search engines:
· Google
· Yahoo!®
Social networking sites:
· Facebook
· MySpace
· Twitter
· Classmates®
· Virtual worlds (sites where users create their own characters)
Rant sites
· Fthisjob
· Jobvent
Beachboard offered several lawsuits as examples of the types of situations employers are facing.
A Delta Airlines flight attendant posted provocative pictures of herself in her uniform on company planes on her personal website.
The Arlington, Oregon, mayor posed for photos wearing lingerie and sitting on town fire trucks. The photos were discovered on the mayor's MySpace page.
"Cisco fatty" tweeted that "Cisco just offered me a job! Now I have to weigh the utility of a fatty paycheck against the daily commute to San Jose and hating the work." Cisco rescinded the offer. (Cisco Fatty was getting an information management degree, Beachboard points out.)
A librarian with the same name as the "Wii Fit Girl" (YouTube's 3-million hit "Why Every Guy Should Buy His Girlfriend a Wii Fit") had trouble getting a job because people thought she was the Wii Fit Girl.
Underlying these situations is an essential conflict between employee and employer expectations, Beachboard says.
· Employees expect that their "private" information won't be used.
· Employers are searching for the best information to make decisions.
Although there are no federal laws prohibiting online searches for information about applicants and employees, there are some laws that come into play:
FCRA, the Fair Credit Reporting Act, requires certain notifications and procedures for credit reports conducted by third parties. If you engage a third party to conduct the searches, you must comply with FCRA.
NLRA (National Labor Relations Act) may also come into play if unions are involved. Websites and blogs about terms and conditions of employment may be "concerted activity."
Discrimination statutes protect against discrimination on the basis of race, age, gender, etc. You are likely to get information about those factors during a search. Once you have the information, you are open to a claim that you acted based on that knowledge.
The Stored Communications Act (SCA) may also cover certain actions related to obtaining information.
Many states offer broader protections. And most states have common law privacy rights called "intrusion upon seclusion" and "publication of private facts."
The question is this: Does the employer's need for information outweigh the employee's right to privacy?
The employer's strategy is to show that need is high, while at the same time making the reasonable expectation of privacy low.
Pros and Cons
Beachboard identifies the following pros and cons of doing Internet searches in the employment context.
Pros for doing the search
· It's a critical decision.
· You may gain invaluable information about character.
· It's far easier to avoid a bad hire than to get rid of a bad hire.
· "Failure to hire" suits are much less likely than suits over termination.
· It may help to avoid a negligent hiring claim.
Cons for doing the search
· Sites are rife with information impermissible to consider.
· Possession of information may taint an otherwise well-based decision.
· There is the possibility of making a decision based on incorrect information (like Wii Fit girl).
· You'll increase the likelihood of litigation.
· You may generate bad publicity.
Links