2. James H Scholes @Wonderfultastic
· 08 Feb 2017
Disgruntled/misunderstood? Try
asking someone why they are
disgruntled & not assume. You may
be the first to care enough to ask;
try & see!
James H Scholes @Wonderfultastic
· 16 Mar 2017
•What I perceive I project, what I
anticipate I create, is your
expectation of the day positive? You
create the atmosphere you live in!
James H Scholes
@Wonderfultastic · 07 Feb 2017
Have you ever met anger with
kindness? Hate with compassion?
Fear with trust? If yes I bet you
earned a lifelong friend, if not, a
new enemy.
James H Scholes @Wonderfultastic
· Feb 2017
When asked "how are you" there is
great opportunity to set a positive
tone for the rest of the interaction...
do you seize it?!!!
James H Scholes
@Wonderfultastic · 16 July 2016
Life is a series of events. You can blindly take
them as they come or anticipate, plan and cause
your own events which you control! Choose!
James H Scholes
@Wonderfultastic · 09 Feb 2017
When u meet someone new, do you look for
reasons to like them or reasons not to? That
tells a lot about your presets. Only you can
change it
3. Why is Wonderfultastic.com giving this to a group of HR
professionals?
As a take home for you to use within your business and with
your front line supervisors/managers.
This is your official written notice you may
copy/alter/tweak/change to fit your company and a full release
for use within your company. You may not publish this in any
publication, media, website, or similar outside your current
organization without prior written consent beyond this
document.
HR for Non-HR Leaders
4. Why do managers need this training? Why does the company
need managers to have this training?
Do they need to be HR experts and if so, what is HR needed
for?
What do managers need to know about leave?
Managers do not need to become an FMLA expert or an ADA expert,
but you need to know indicators that let you know HR should be
informed.
Basic employment law overview.
What is retaliation and how can it cost the company and cost
individuals legally?
HR for Non-HR Leaders
5. What does accountability look like?
What are the true purposes of discipline?
How do managers handle ‘inherited’ issues?
Last boss didn’t hold accountable/didn’t care, how can I enforce rules?
Other departments are not following rules, how can I?
The importance of organization and documentation.
Communication: tone/style/effectiveness/purpose
Conflict management
Safety
HR for Non-HR Leaders
8. • The big 6
• Sloppy documentation. Manager’s documentation should never, ever seem
subjective. It should always be written as if it could wind up in a jury’s hands.
• Inflated appraisals. This can make it impossible to justify a discipline decision
in court.
• Applying policies inconsistently. When managers don’t apply their policies
to all employees, it leaves the company wide open to an array of
discrimination suits.
Another critical mistake in this area: Not knowing certain policies even exist.
Why do managers need this training?
Why does the company want me to have it?
9. • The big 6 continued
• Being unaware of the law. It’s become a troubling trend in employment law
cases: Front-line managers blatantly admit to not knowing about laws like the
FMLA or the ADA. Managers need to be trained on the ins and outs of these
critical employment laws.
• Ignoring complaints. Granted, some employees complain incessantly. But to
stay safe, each and every compliant about unfair treatment or harassment must
be taken seriously and investigated.
• Blatant rudeness. Sometimes there’s a fine line between being stern and being
flat-out rude. But when managers err toward the latter, it can make employees
think they disapprove of a specific protected trait — such as age, race or gender
— and potentially lead to a discrimination lawsuit.
Why do managers need this training?
Why does the company want me to have it?
10. We can see, incorrect handling of employees can lead to
claims of discrimination, hostile work environment,
harassment and host of other claims costly to defend even if
false… even more costly if proven true or possibly true.
Example next page…
Example
11. Example: Joe is your “good” employee and is late today. Since he
is a good employee, you ‘let him slide’. John is a problem
employee often late. Today you write John up for yet another
offense, which by policy, means he receives a 3 day suspension.
Joe is a 24 year old white male while John is a 45 year old African
American male. John tells HR (or worse, goes straight to an
attorney or the EEOC) that he knows Joe and a couple of others
are ‘favorites’ and do not get written up when late. The supervisor
did not punish John due to his age or race, nor did he let Joe slide
due to his; however, the IMPACT was the same, whether
intentional or not.
Example details
12. How do you handle and not have to worry about making the
“good” employee angry?
Conversation goes like this: “Joe, I know you haven’t
been tardy/absent before and it will probably be a while
before you are again. Obviously there are others that are
abusive of these areas and to be consistent we will just
document this isolated case so we may also hold those
who abuse the privileges may also be held accountable. I
am sure you understand.”
Example 2
13. In short: No, you do not need to be HR experts, there are some
guidelines that will help you use HR as your partner; however.
You do NOT need to know all the details of the various Acts and Laws but you do
need to recoginize indicators as to when to involve your HR partner.
Some examples:
FMLA – Do not need to know the law, need to know signs there MAY be an event that
qualifies.
ADA – Do not need to know the law, need to know phrases, actions and requests that
may indicate HR needs to look into whether ADA applies.
USERRA – Do not need to know the law, need to know indicators USERRA may apply
and involve HR.
Pregnancy Act – Do not need to know the law, need to know some basics of what is
covered and how to work within those parameters.
Do you need to be HR experts and if so,
what is HR needed for?
14. What are some basic laws governing employees and how employers interact?
Right to work
What does that really mean? Can I really fire someone for any reason and not have
documentation? Can I just tell them “we don’t need a reason, this is a right to work state.”
Retaliation under the EEOC and Title VII of the Civil Rights Act
What can be worse than what a supervisor is first accused of?
Percentage of EEOC cases involving ‘retaliation’ claims.
https://www.eeoc.gov/eeoc/statistics/enforcement/charges.cfm
What constitutes retaliation?
If I never held the employee accountable before but start after a complaint, is that
retaliation?
Hostile work environment
What do you think constitutes a hostile work environment?
Basic employment law overview
15. What do you think accountability is?
For you?
How do you like to be corrected?
For your employees?
What does accountability look like?
16. How do you hold someone accountable?
Let them know what they will be held accountable for:
Standards
Quality & Quantity
Metrics
Behaviors
Let them know consequences of non-compliance
Consistency
Favoritism or even appearance of favoritism
Positive reinforcement
Public versus private
Reinforce desired behavior
What does accountability look like,
continued…
17. What are the true purposes of discipline?
Is discipline to punish?
To correct undesired behavior or results?
What must be included?
What was not done correctly/missed/needs to be done
differently?
What is the correct/desired way/method/etc.?
What are the consequences of not correcting?
What help is offered?
What does it require and what does it not require?
What is the true purpose of discipline?
(& evaluations)
18. • Does NOT require:
• Raised voices
• Disrespect in any form
• Personalization of discipline
• Make it about the action or function,
not the person.
• DOES require:
• Respect
• Professionalism
Requirements and non-requirements of
discipline:
19. • You may ask: The last person didn’t do any discipline or hold anyone
accountable, how can I now reign it in and enforce?
• Bring the team together.
• First ask them what issues they see getting in the way of efficiency.
• If you are lucky, things will come up that you can then address and it will
be viewed their idea to make changes.
• Discuss openly the lax environment that was there and what it has caused:
• Less efficiency, which gets everyone paid and bonuses
• More work for those who do work hard
• Chaos and confusion as to what the rules are.
How do you handle inherited issues?
20. • Other departments/managers are not following rules, how
can I expect to hold employees accountable?
• See above for first steps
• Discuss with your manager professionally and openly the
differences you see. Not a tattletale, just an observation of an
obstacle to you being as successful as you would like to be.
• Nothing prevents you from getting together with other peers and
discussing a consistent approach. Involve the manager after initial
agreement to begin.
All alone in following the rules?
21. • What problems can “I thought I would just handle it myself in the
department” cause?
• Supervisor sits the employees down, makes them shake hands and go back to
work.
• What is the potential problem there?
• Supervisor “handled” it 3 months ago, now the same employees are involved
in conflict again.
• What issues can this cause for the company? For you?
• They are a great employee, so I gave them a chance. I didn’t
document.
The importance of consistency, organization and
documentation.
22. Purpose
Before we begin, what is the
goal of the communication?
What is the atmosphere of
where the communication will
take place?
What do I expect as
feedback/pushback?
Ready with answers
Tone
Does tone affect reception?
How do we like to be
addressed?
Style
Are we haphazard?
Does our style say we are
not serious? Too joking?
Are we stern?
Are we professional?
Effectiveness
Ask what we just said as a
listening check.
Follow up next day/week/month
Communication: Purpose, Tone, Style & Effectiveness
23. • What is a conflict?
• Does anyone like a conflict?
• Honestly, there seems to be but:
• Do they just need focus for their
energy?
• Do they just need attention?
• How can you better meet their need
for attention?
• Is there ‘good’ conflict?
• Examples
Conflict Management
Knowing when to involve HR, how to document complaints, performance and improvement plans all lend to an efficiently running operation. Consistency is needed to avoid frustrating good employees who can quickly become problem employees.
How? Employees who see “problem employees” get ‘chances’ may feel “why do I need to try harder when they do less and get the same pay and raises as me?”
Knowing when to involve HR, how to document complaints, performance and improvement plans all lend to an efficiently running operation. Consistency is needed to avoid frustrating good employees who can quickly become problem employees.
How? Employees who see “problem employees” get ‘chances’ may feel “why do I need to try harder when they do less and get the same pay and raises as me?”
Knowing when to involve HR, how to document complaints, performance and improvement plans all lend to an efficiently running operation. Consistency is needed to avoid frustrating good employees who can quickly become problem employees.
How? Employees who see “problem employees” get ‘chances’ may feel “why do I need to try harder when they do less and get the same pay and raises as me?”
Knowing when to involve HR, how to document complaints, performance and improvement plans all lend to an efficiently running operation. Consistency is needed to avoid frustrating good employees who can quickly become problem employees.
How? Employees who see “problem employees” get ‘chances’ may feel “why do I need to try harder when they do less and get the same pay and raises as me?”
FMLA
If an employee misses 3 or more consecutive days, notify HR. We can then determine if there is an FMLA event
If an employee mentions caring for a seriously ill relative frequently, notify HR.
If an employee mentions surgery coming up, ongoing illness, or misses often for doctor appointments, do NOT question them on specifics, notify HR.
EE does not have to request FMLA for an event to be covered if the employer should have a reasonable expectation of knowing.
ADA
If an employee mentions a handicap; permanent disability; limits to their ability to do their job or anything similar, notify HR.
Reasonable accommodation
Does not mean what you think is reasonable for your area, it means overall to the function, company ability to grant the request and more. HR will know the proper avenues to pursue.
Do NOT make accommodation as supervisor only decision.
USERRA
If an employee mentions a close family member being deployed, coming home, receiving a promotion, injured while active duty, caring for the military family member or other major instance involving a close family member on active duty, notify HR.
Pregnancy Act
Do not make assumptions as to ability to do their job. If it becomes apparent or the employee states they cannot do all of their required job function, get HR involved.
Right to work
Retaliation
44.5% of EEOC claims in 2015 included retaliation as a claim.
Hostile work environment
Does it have to be physical conditions or can it be emotionally hostile?
Who decides it
What can be done to prevent claims of a hostile work environment?
Is a hostile work environment only caused by a supervisor or manager?