Employment Law Today Masthead
Brought to you by AHI's Employment Law Resource Center — www.ahipubs.com

September 25, 2007 — Volume 9, Number 19

AHI's Believe It Or Not
A temp worker approached his supervisor and offered to give him half of his paycheck if the supervisor arranged to have the worker remain on the payroll in name only. The unscrupulous supervisor, who was in charge of approving the hours temporary workers worked, agreed. The supervisor never notified the temp agency that the worker was no longer employed there. Instead, he submitted phony work hours for the worker. The scheme snowballed to the point where the supervisor recruited other temp workers and even created fictitious workers. He ultimately pled guilty to embezzling more than $1 million from the temp agency.

IN THIS ISSUE:

1. Feature Story: Employee's Poor Personal Hygiene Puts You In A Difficult Situation

2. Cathie's Corner: Is Party Planning In Your Job Description?

3. Proper Termination Procedure Negates Retaliation Claim

4. HR Soapbox: Time Wasted May Be Time Well Spent!

 

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1. FEATURE STORY:
EMPLOYEE'S POOR PERSONAL HYGIENE PUTS
YOU IN A DIFFICULT SITUATION

Telling a person they have bad breath or body odor is difficult to do. Just having to tell them at all is difficult enough. That's why so many managers toss this employee problem HR's way. You need to toss it back to the managers and make them responsible for handling their own employee problems.

Anyone who lands in this difficult situation can use these best practices to address an employee's personal hygiene problem tactfully and effectively, and minimize the employee's embarrassment.

  • Quietly and discreetly call the employee away from his/her workstation because if co-workers complained about the hygiene problem, they'll know exactly why you're pulling the employee into the meeting.

  • Hold the meeting before the employee goes home for the day because there's no sense in telling him/her first thing in the morning, causing him/her to feel self conscious all day, especially if the employee can't go home to shower and change clothes, for example.

  • Think about how you would want to be told about this problem. Role-play with a colleague or supervisor to practice.

  • Empathize. Acknowledge that you understand this is difficult for the employee to hear, but you would be neglecting your duties as a manager to ignore it.

  • Stick to the topic of work. Tell the employee about the negative effects on the work environment (e.g., lack of teamwork because co-workers avoid him/her). Don't try to guess why the employee has this problem.

  • Don't give off the scent that the employee is guilty of wrongdoing or this is a disciplinary session. But be clear that the employee needs to take care of the problem.

  • Give the employee a chance to respond, if he/she wants to. The employee may tell you the odor is a result of a medical, cultural, or religious issue. Showing you're willing to help is better than standing ground on a "change, or else" demand. Suggest that the employee visit a doctor or dentist, if they tell you that they already practice good hygiene habits. But if the employee denies there's a problem at all, you may have to get him/her to face facts, for example, by telling the employee that co-workers spray air freshener after he/she comes around.

  • Set goals, a timeline, and consequences for not reaching those goals. You may require the employee to show immediate improvement, but a better tactic is to expect the employee to show he/she is taking steps toward improvement, such as by making a doctor's appointment. Follow through with the consequences if the employee fails to improve.

  • Recognize that the employee might be embarrassed or upset, and end the conversation abruptly. If that does happen, just follow up with the employee in a few days to check whether he/she got the message and has taken steps toward improvement.

A manager's job is difficult enough without these disruptive situations — an employee's poor hygiene, resistance to change, or tardiness, among others — cropping up on a daily basis. More often than not, managers dodge or mismanage these situations because they are uncomfortable to handle. And sometimes they end up in your lap, as if they're any less difficult for you to handle. That is why it would benefit you and your organization's managers to listen in on Effectively Managing The Ten Most Disruptive Workplace Situations, an AHI web conference to be presented on October 4, 2007.

Bad hygiene is just one of the many disruptive workplace situations disruptive workplace situationsthat can make your job more difficult. What about...

  • prima donnas
  • absenteeism and tardiness
  • conducting personal business on company time
  • employee is a misfit for the job
  • low morale
  • harassment
  • violating the dress code
  • gossip
  • resistance to change

Stop the insanity! Join us for a live web conference that will help you and your managers deal more effectively with bad hygiene and the rest of these bothersome workplace issues...

EFFECTIVELY MANAGING THE TEN MOST DISRUPTIVE
WORKPLACE SITUATIONS

Thursday, October 4, 2007
1:00 P.M. Eastern
Carol A. Hacker

register

2. CATHIE'S CORNER:
IS PARTY PLANNING IN YOUR JOB DESCRIPTION?

For many of us, being in HR means being the party planner. It's one of those, "It's a dirty job, but someone has to do it, so who better than HR" kinds of things. Like it or not, chances are that many of us are stuck with it.

We're coming up on the season where end-of-year parties (or whatever you may call them in your company) are being planned. So, here are a few suggestions that might take some of the burden off you:

1. Plan a luncheon, instead of an evening party. Close down the business at noon, have lunch, and let the employees have the rest of the afternoon off. It saves money, eliminates much of the problem of employees drinking too much, and many employees will appreciate the time off (and not having to go back out at night).

2. Look for a different kind of venue. Located in Boston, we did a dinner cruise around the harbor one year. Another year, we rented a function room at the New England Aquarium; they held the sea otter show for us, allowed us access to several of the exhibits for a limited time, and then provided a catered party in the function room. This proved to be a popular suggestion and we held the following year's party in the same place (with a different show!).

3. Let your employees in on the planning. Some of them may have creative suggestions. We had a committee of employees who planned the party each year. The Director of Operations was the chairman and I was a permanent member; other committee members were chosen each year so that no one had to do it twice, but everyone had a chance. Every department was represented, and employees who had been heard to complain about the previous year's party would receive an e-mail sometime the next fall that read: "Congratulations — you have just volunteered to be on the (this year's) party planning committee. The first meeting will be Thursday at 3 in the first floor conference room — attendance is mandatory."

4. Consider forgoing the party altogether and putting the money towards a local charity, chosen by the employees. To many people, the annual party is a burden that they attend because they feel they must. If your employee population feels that way, provide them with an alternative. Let them vote, with a majority-rules final decision. Or combine a charitable contribution with a less expensive function (see #1).

I can't recommend strongly enough including your employees in the decision-making and the planning process. For one thing, it takes much of the burden off you. For another, the more heads the better when it comes to creativity. And, finally, they are more likely to be concerned about it (and, thus, behave themselves better) if they've had a hand in the process.

Catherine Bannon is the President of HR by Request, Inc., in Marshfield, MA (catherine.bannon@gmail.com). Bannon worked for 10 years in HR management before starting her consulting firm.

3.

PROPER TERMINATION PROCEDURE NEGATES RETALIATION CLAIM

You may be hesitant to fire an employee who has recently engaged in a protected activity, and with good reason. The timing of the termination could indicate retaliation. But if...View the full story on our website.

4.
HR SOAPBOX: TIME WASTED MAY BE TIME WELL SPENT!

Kick back, relax, and take a few minutes to check out the HR Soapbox, "Time Wasted May Be Time Well Spent!," to learn why an editor advocates letting employees steal a few minutes here and there to tend to non-work matters on the company's dime.

TOP 5 RESOURCES FOR HUMAN RESOURCES PROFESSIONALS

The Complete Policy Handbook1.
The Complete Policy Handbook

Shows you how to safeguard against the damage that loopholes in your employee handbook can cause. You'll get a CD-ROM containing a complete set of ready-to-print policies for a foolproof manual of your own...policies that have stood up to courtroom challenges...with language that has worked in defending other employers.

Employer's Guide To Record-Keeping Requirements2.
Employer's Guide To Record-Keeping Requirements

Covers all the records, files, and documents demands made on employers by state and federal laws and agencies; as well as what you must post on company property to stay on the right side of employment laws.

Employee Problem Solver 3.
Employee Problem Solver

Gives you a solid mix of practical advice seasoned with legal experience for attacking the problem, not the personality, in difficult situations that you and your managers face every day. Each general problem area is designed to offer immediate practical steps for preventing, attacking, and solving tough personnel problems.

AHI's Complete Employee Termination Kit4.
AHI's Complete Employee Termination Kit

Covers all the steps, tips, and tools you need to: audit the termination decision; break the news to employees; interview exiting employees; properly document your actions; and comply with federal and state employment laws (including payment of final wages). It also includes customizable versions of all of the termination forms, notices, and documents you'll need.

5.Complete Personnel Documentation Library

HR Personnel Forms & Documents Library

Gives you a complete collection of Human Resources department documents for every situation... customizable with the click of your mouse. We have designed all the forms based on legal specifications to protect you and your organization from costly fines and lawsuits.

Copyright © 2007 by Alexander Hamilton Institute, Inc.
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