Q. We have a small office so the girls rotate daily turns at the window while they eat lunch in case a customer comes in or the phone needs to be answered. No problem, right?

A. First of all, referring to your female employees as "girls" could be viewed as sexist and discriminatory. Secondly, unless you are paying these employees for their lunch break, the Fair Labor Standards Act requires that a bona fide meal period must last at least 30 minutes and the employees must be completely relieved from work.

Q. Our company is growing, but how do I insure our management team stays ahead of the curve?

A. A clear vision and supporting business plan will provide the necessary foundation to allow for analysis of your organizational structure and the need for leadership development and succession planning among your team. Focused HR Solutions can perform needs assessment processes for your management team, analyze results and make recommendations for correcting gaps that will strengthen your bench and build the pipeline required to feed your future organization. If you lose one of your best leaders, you should want to insure that you have the ability to replace them with a well-groomed internal candidate. We can provide a wide spectrum of leadership development training as we are also affiliated with the Center for Organizational Energy.

Q. I have a supervisor with strong technical knowledge, but he has trouble getting results from his group, must I replace him?

A. Not necessarily. Many supervisors and managers got their positions based on strong technical skills after also showing some leadership potential. Unfortunately, they were then thrust into their roles with no leadership development and expected to operate at the same level of competence. There they struggle, sometimes barely treading water, sometimes drowning, but most never reach their full potential without investment in their development. Your supervisor may be able lead his group after receiving the proper training or he may be better off transferred to a position that utilizes his superior technical skills, but removes him from the lead role. Admittedly, a transition from your company may ultimately be the proper remedy, but we can assist you with identifying the best course of action.

Q. Whether we hire a few new employees or many in a given year, how can I be sure we are hiring the right people for the long haul?

A. Understanding what the position truly needs to be is primary to the hiring of productive, loyal and potentially long term employees. An accurate position description allows you to conduct your search to recruit the best candidates who then know exactly what is expected of them. Often position descriptions are outdated or worse yet, nonexistent, so companies hire based on what the last employee may have done. In that way you fashion the position to the person not the person to the position. This usually does not provide the right talent and skills needed to meet the business goals. We can provide a tested process that ensures accurate, management supported position descriptions that also identify promotional pathways

Q. Why should we worry about the types of questions our managers ask in interviews. They are not stupid and know not to ask illegal questions such as "How old are you?"

A. A list of approved questions should be used so as not to innocently be lead into asking questions that could be challenged as illegal. For example, early conversation to break the ice may invite a question like, "Oh, that's a great school, my sister went there, when did you graduate?" and BINGO, you just asked a question that leads to determining age

Q. My company is changing its focus and we need to change our culture. How can I make sure we will succeed?

A. While there are several factors that enter into your success, the readiness of your leadership team is critical! Do your managers have the requisite skills to lead their employees through needed change while creating a supportive and involved environment? Does your overall environment foster participative, collaborative relationships with all teams? Often companies have not invested the resources necessary to prepare their management team by equipping them with broad leadership skills. This can still be done to secure success, and we can help, but the training and ongoing coaching necessary will be more intense and may need to run coincident with the changes occurring in the organization.

Q. Our management team always tries to do the right thing. Just last week one of them allowed an hourly employee two hours off to take his mother to a Dr.'s appointment having agreed to give him straight time pay for his two overtime hours the week before. My brother-in-law says that is illegal. Is this true?

A. Yes, but maybe for more than one reason. While striving to do the right thing is important and encouraged, you must do "Right Things Right". That is, it's not enough to want to do the right thing; you have to do it correctly. It seems your supervisor did the math and said, "OK, 42 hours of straight time one week, 38 the next, therefore 40 hours each week and everybody gets what they want." Unfortunately, the Fair Labor Standards Act forbids companies from granting compensatory time in lieu of overtime pay. Additionally, there may be concern under the Family Medical Leave Act if the employee is eligible and needs to care for his sick mother. The point is, educating you managers on current employment laws is something necessary for your business to avoid costly lawsuits and back pay liabilities and we provide this training.

Q. We have a hard line supervisor who manages his group with an iron fist. Sure he sometimes yells at an employee in front others, but he is just addressing the issue at that time. Profanity is sometime used, but everybody knows, "That's just how Joe is!" and he means no real harm. Forceful supervisors should be appreciated as they get results.

A. There is nothing wrong with a strong manager, but an abusive and disrespectful one is another ball game. The type of behavior you describe should not be tolerated in a progressive company that seeks to grow through employee involvement, living the company's values and striving for an environment of mutual respect. Bullying managers may get short-term results, but at what cost? High turnover, low morale and even hard to identify sabotage carry great expense for the employer who will receive a far greater benefit by investing in correcting the poor behavior. We can work with you and "Joe" to create a Performance Improvement Plan where Joe understands what is expected of him, is trained in weak areas and measured against preset goals to create a more beneficial and productive manager.

Q. How can I be sure that our HR systems and processes support our business plan?

A. A full HR department evaluation can be performed utilizing a very comprehensive audit tool that identifies the existence and viability of necessary systems and processes. These include reviewing processes that cover legal compliance, employee relations policies, hiring, benefits and compensation programs, employee handbooks, performance management, complaint handling and training. Subsequently we can provide assistance to implement recommendations found to be beneficial.

Q. I know of lawsuits being filed after terminations, whatever happened to "Employment at Will"?

A. All states (except Montana) recognize the common law rule of at-will employment. This means, absent any employment contract, employers and employees alike can terminate employment with or without cause. There are, however, other laws or statutory modifications of laws concerning discharge of employees. For example, the various federal and state job discrimination statutes prohibit discharges based on such factors as race, color, religion, sex, national origin, age, handicap, status as a veteran, and jury duty. Other federal and/or state laws protect employees from being fired in retaliation for asserting their rights under wage and hour laws, having their wages garnished, engaging in union activities, opposing unlawful discriminatory practices, entering military service, refusing to take lie detector tests, filing for workers' compensation, serving on a jury, and "whistle blowing." The main point here is that there is no substitute for properly documenting an individual's employment record. Documented good as well as poor performance allows the employer to best explain why they are severing the employment relationship, showing no illegal discrimination, which then often avoids serious claims of wrongful discharge.

Q. Several actions warrant immediate discharge such as theft or fighting, so finding two employees engaged in a fist-fight permits me to fire them both on the spot. Isn't that my responsibility, if not my duty, as a management employee?

A. Well don't forget; things aren't always what they seem. Our strong advice is that you never terminate someone on the spot. The most appropriate action in these extreme cases is to immediately suspend those involved indefinitely, pending further investigation towards termination. This allows you time to properly investigate the circumstances and gain factual evidence as to what happened. For example, self defense or severe provocation may warrant a lesser penalty for one of these employees. It is imperative that you fully investigate any disciplinary case before imposing final actions. Otherwise, oh, the stories we could tell you...

Q. We believe that exemplary employees deserve to be recognized for their contributions so supervisors are encouraged to provide rewards as they see fit. Is this not a good practice?

A. While commendable, this needs to be done justly and equitably to avoid the perception of favoritism. If a supervisor institutes objective measurable goals whereby individual employees are rewarded for achieving certain stated milestones, great! However, looking the other way when some of your best performers come in late or leave early is quite another thing. What do you say when a less productive, or God forbid, a poor performer comes in late? If you dock one employee and not the other your practice will not pass the test, and your supervisor falls prey to subjective rationale. This leads to discontent and poor morale, not to mention potential lawsuits.

Q. In our non-union workplace there are a few negative and vocal employees who often disrupt daily activities claiming that the employees have no say in the way the business is run and management doesn't care. This isn't true, but how do we convince our employees?

A. We would have to evaluate how employee needs are met in your organization, but a clear, well-executed communications plan is critical. We would assess your programs and policies to see if they support a competitive environment that ensures fair and equitable treatment for all employees. We would also make sure a formal appeals process was in place for employees to get answers to their complaints and concerns. Several positive employee relations practices would be reviewed or recommended to improve the labor climate and remain union free.

Q. At contract expiration, we go to the bargaining table, but we only achieve a portion of what we set out to get, our employees feel we have negatively impacted them and we have to live with this for another three years. Can Focused HR Solutions help?

A. You bet. Utilizing an Interest Based Bargaining approach, we will work with you to understand your needs, analyze data, coordinate the bargaining process, structure proposals and act as Chief Spokesman if need be. Our proven success in contract negotiations typically renders a mutually satisfactory, yet cost effective agreement where all constituencies achieve necessary gains. We also provide ongoing support and tested processes for improved labor-management relations.

Disclaimer: The material available at this web site is for informational purposes only and is not for the purpose of providing legal advice.

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