HR: Fake Job Reference Services

It just keeps getting tougher! According to a SHRM (11/20/2009) posting, screening has become even more difficult -- with another twist coming from today's technology "anything's possible" world. A number of websites have appeared -- websites which offer fake work histories and references to job seekers.

Background checking has always been tough -- but it seemingly got easier when information became easier to verify through internet databases. It got a little confusing when organizations decided to start checking information on social networking sites -- raising questions that certainly relate to validity and privacy. And of course, it's always been tough when there are organizations that just have no idea how to conduct a background check.

But the article almost verifies some of the problems by quoting one career "expert" who states that candidates always give references who will only give them good information. Of course this is true -- but if you really know how to conduct reference checks (and it has absolutely nothing to do with verify dates of employment and salary), then this is exactly what you're looking for: details and verifications of a candidates success, not his or her "flaws." Too many selection systems are still designed to find any reason to rule out a candidate instead of being focused on getting the best possible picture of a candidates' accomplishments so that the best candidate can be selected.

Comment: This rise of fake reference and job history services just complicates a situation that HR professionals have at least in part created -- too much focus on the "haves," not enough on the "do's." It is clearly possible to interview effectively; it is clearly possible to conduct serious, effective background checks that would reveal fraudulent information most of the time. The biggest question is always: why aren't we doing it???

HR: Social Networking and Human Resources

According to a posting on SHRM (10/29/2009), the lines continue to blur between bosses and employees because of social networking activity. And according to legal experts, this is going to be -- and become even more so -- a major issue over the next few years, with legal implications that are yet to be known (but could be "anticipated") because it will take years for the courts to catch up with technology.

Posting recommendations on sites like LinkedIn, "friending" bosses or colleagues on Facebook, even if seemingly harmless at first, might have serious legal implications. The article recommends updating policies on performance reviews, harassment, and posting on social networking, or blogging, sites.

Comment: Considering the explosion of technology, particularly the Facebook, LinkedIn, Twitter world, organizations are going to have to keep up with the trends and the need for organizations to develop policies, training, and... And another thing: HR professionals must be familiar with the technologies themselves: simply stated, do you have a Facebook account and do you use it, do you have a Twitter account...?

HR: "Before You Give that Gift"

OK, even though it's the beginning of the holiday season, I knew there would be things that could get me fired up. An article in "Diversity Executive" (11/30/2009) provides some "advice" on gift giving during the holiday season. While some of the advice is sound, it also contains a few things, that for me, just don't connect. Good advice: yes, think about the person you're giving the gift to. I don't give "train" gifts unless they're connected in some other way, i.e., the wrapping or the content of a book or a food gift in a train-themed container. On the other hand, as the receiver of countless gifts over the years, I am not offended in any way by a gift that I personally won't enjoy or... The article says don't give gift cards -- really, they're considered one of the most popular forms of employee recognition -- giving the recipient some control of the gift. But wait, it may be to a restaurant I don't like. So what? I'll take someone who does like -- I'll take my daugher or my sons -- I'll find something on the menu that I'll enjoy! Don't give food -- it may be something that... (fill in any number of blanks here). You're kidding! Surprisingly to some, I'm not a big fan of chocolate -- but I'm not offended or hurt -- or anything but thankful -- for a gift of chocolate. Again, daughter, sons, friends, -- some who love chocolate.

And to top it off, the article says the "old people" may not appreciate an Amazon.com gift certificate because they may not have web access. First of all, they might have grandchildren that will happily help them "on the net." But more importantly, for "Diversity Executive" to include such a biased comment should be embarassing to them. The "older" generation is a lot more internet savvy that some people apparently think...

Comment: I guess I have been hoping that political correctness would not reach this far into gift giving. I always appreciate the thought as much, often more, than the gift itself. But now it looks like we're being advised to the extent of "policies, procedures, and rules" about the types of gifts we give. Personally, I'll just say "thank you."

HR: (M) Employees Lacking Resources

In a video posted on the SHRM website (November, 2009), Ben Schneider, winner of the 2009 Michael R. Losey Human Resource Research Award, says employees often must fight for the basic resources needed to do their jobs well. Check it out if you're a SHRM member!

Comment: Interesting from both a human resource and a management perspective. We expect employees to do their jobs, we expect them to do their best, to be top performers. Yet it appears we ignore one of those basic issues that has clearly been proven to be critical: "Do I have the materials and equipment I need to do my work right?" Why? Why? Why? Why? Why are there so many, continuing examples of high expectations that are not met with clear expectations and the failure to provide resources?

HR: Risk Management

A SHRM posting (10/20/09) states "Get ready for some scrutiny of the culture and strategic decision-making behind your enterprise risk management (ERM) strategy." Beginning in June, 2009, credit ratings of non-financial public companies will include a review of their risk management strategy -- something that has been included for financial institutions.

Comment: The Human Resource role in Risk Management has been expanding at a significant rate for years -- increased scrutiny will place even more importance on the need to understand and be a "credible activist" in these areas of responsibility.

HR: Sexual Harassment - WI IHOP Case

A federal jury in Milwaukee has awarded $105,000 to two former employees of a Racine restaurant after a four-day trial over sexual harassment claims.

The jury awarded $104,000 to one teenage female server and $1,000 to another who worked at a Racine, Wis., IHOP restaurant stemming from a lawsuit that began in 2006.

The two say they were sexually harassed by an assistant manager, who allegedly subjected them to sexual propositions, groping and hair-pulling.

The company contends they will appeal because their harassment policy was in place and followed correctly.

Comment: A correct policy, training, and vigilance are essential -- but even that doesn't prevent a jury from ruling in favor of plaintiffs. Bottom line -- companies have to make sure that managers are clearly made aware of their responsibility -- and actions taken firmly against managers who act inappropriately.

HR: Testing for Legal Drugs

Workforce Online (11/24/2009) reports on lawsuits, including one filed by the EEOC, alleging workers rights were violated when they were tested for legally prescribed drugs.

The EEOC contends that Dura Automotive Systems violated the ADA for the testing without having just cause. Allegedly the company also required employess to disclose medical conditions for which they had to take drugs and required them to forego taking their medications as a condition of returning to work. The company includes the right to test for legal drugs in their drug-testing "policy." The company would not comment.

Comment: Huh?? Where is there anything in the world of human resources, where is there anything in SHRM's Body of Knowledge, that even suggests this is a valid, accepted, or intelligent practice?

HR: Culture - Life and Death!

The following is the lead to an article on Chief Learning Officer (November, 2009). The full article is linked in the title above.

Sometimes it takes a series of events so unfathomable for reality to truly hit home.

Just ask France Telecom. Since the beginning of 2008, 24 employees at the company have committed suicide and an additional 13 have attempted suicide. Many of these victims left suicide notes implying the company’s working environment was a key factor in their decisions — one even explicitly cited “overwork, stress, absence of training and the total disorganization in the company.” Some of the attempts occurred on France Telecom premises.

In September, the telecom giant announced the launch of a training program that will teach its 22,000 managers to recognize signs of depression. However, this reactive measure is akin to handing out first-aid kits. It addresses the symptom rather than the root problem: The organization’s culture is quite literally toxic, slowly suffocating its employees.

Culture is a critical and often misunderstood element of business. A “good culture” is one where the values of the organization mirror the values of its employees and leaders, guiding appropriate behavior while strengthening commitment. A “negative culture” is one in which competing values, such as honesty and dishonesty, exist and lead to anxiety, undesired behaviors and an uncomfortable working environment.

Comment: Nothing in this article surprises me. At the same time I continue to be concerned over how much we know today about culture, how it can be objectively measured and monitored with the same precision as an MRI reveals details about a human body, how we can use a detailed analysis to monitor changes and make clearly prescriptive actions.

HR: Grievance over Volunteer Scout UPDATE!

According to a Fox News follow-up (11/23/2009), Nick Balzano, the president of Service Employees International Union's Allentown chapter, who criticized an Eagle Scout's volunteer actions, has resigned.

A spokesman for the union again criticized the comments about filing a grievance (see earlier posting below) as "completely unauthorized and insensitive" and that the union was "not at all" considering a grievance in the case. To add more to the story, an additional "four or five" other employees of the union resigned.

Comment: There's more to this story -- I'm sure of it. First of all, as the president of the union, Balzano's statements about filing a grievance would directly counter the argument now that they were "completely unauthorized." Completely insensitive -- clearly, but wouldn't his position have given him the authority to make that statement. Second, "four or five" other people resign? I'm wondering... And third, and this may surprise a few, I'm not always a big fan of immediately terminating (or having a resignation) -- just for being "stupid." I know that the political fall out from this is huge - so maybe the resignation is unavoidable. But again, there's more to the story, I'm sure.

HR: Woman Loses Benefits over Facebook Photos

According to an AP story (11/22/2009) that's appearing on Yahoo, Fox News... a Canadian woman on long-term sick leave lost her benefits because of, she says, photos on her Facebook page.

The woman has been diagnosed with major depression and receiving monthly sick-leave benefits from her employer's health plan. When the payment stopped, she was told she was "available for work." She says it was because of photos posted on Facebook, including pictures showing her having a good time at a Chippendale's bar show, at her birthday party, and on a sun holiday.

The company has said that they would "not deny or terminate a claim solely based on information published on websites such as Facebook."

Comment: The impact of social networking continues to reach into the day-to-day world of HR decisions. Interesting times!

HR: Labor Violence in India -- HR Attacked

According to an article in the WSJ (11/20/2009), incidents of workplace violence, and violent attacks from union members, have increased in India. In the leading story of the case, 50 union members were arrested in Coimbatore, India, at a plant that makes parts for Toyota and GM, after anger over a wage freeze, resulted in the the iron rod attack (and death) of the 46 year old HR manager.

Strikes, sit-downs, and production disruptions have increased. The CEO of another plant was beaten to death last year by workers who had just been suspended. The impact of these labor actions have stopped work at plants in Chicago, Michigan, and Ontario.

Both labor and management blame outdated labor laws, and political agendas for many of the problems. At the same time, problems similar to situations in the U.S. are cited: wage freezes, layoffs, and hiring of contract workers for long periods.

Comment: Workplace tragedies are clearly global in scope -- is there a message, is there something significant in the reality that HR practices and management obviously is a factor in most of these cases -- anywhere.

HR: Why Just Doctors? An Interesting Tie to HR Policy

I had just had to post this: According to a WSJ article (11/19/2009), doctors' neckties are being seen as a health risk. Hospitals are proposing bans. Older doctors suspect it's a move by the younger generation to dress more casually. Fact is that ties are rarely, if ever, cleaned. Perhaps they should be banned from workplaces...

Comment: Just can't ignore this one....

HR: OSHA Steps Up Enforcement

According to an e-mail promotion I received today for a webinar, OSHA is dramatically stepping up enforcement in several areas. This has been clearly expected with the current administration and a Labor Secretary who has promised stepped up enforcement in many areas of labor law.

According to the announcement, increased enforcement is coming in several areas:

1. Increased recordkeeping and greater scrutiny of logs.
2. Annual verification of lockout/tagout procedures.
3. Separate lockout/tagout procedures for each piece of equipment, not a general policy.
4. A new standard on "combustible dust."
5. Per employee penalities for "personal protective equipment" and training violations.
6. Liability of general contractors for hazards they did not create.
7. OSHA use of the settlement process to get employers to agree to additional obligations.

Comment: Obviously there will be significant costs for increased scrutiny by OSHA -- which has clearly been underfunded for years. But in today's economy, where is the funding for this higher level of enforcement going to come from? Plus I can't help but wonder about the last item: using settlement conferences as a way to enforce additional obligations. Huh?

HR: Firing: Right and Wrong!

In a Yahoo Online story provided by Business Week (11/19/2009), linked in the title above, there's a pretty good story on how to appropriately and inappropriately terminate someone. The article contains a good list of ten things to avoid saying when terminating an employee, and reflects some of the dynamics of terminating in today's economy. From classics like "I know how you feel" and "This hurts me more than it hurts you...," it also addresses current bad statements like "We have no choice but to terminate your employment."

Comment: Having terminated someone when I was still in my teens, I have always been sensitive to this issue when I became involved in Human Resource management. I have always argued that this is one of the things managers tend to do very poorly -- not sure if Human Resource Professionals tend to be any better. Unfortunately today's economy and today's legal environment complicate matters -- terminations almost by definition need to be relatively cold and impersonal. It appears the latest advice even suggests saying "I'm sorry..." Don't know how this helps build a potential "good relationship" for somebody terminated, but...

HR: Performance Project Addition

The Performance Project examines "lessons for leadership and management" from the live performing arts. The project has a separate website (www.performance-project.com) and a separate blog (www.performance-project.blogspot.com). Because of the factors identified for the project there are several key links to the SHRM Body of Knowledge -- particularly factors related to motivation...

On Friday, November 13, 2009, Billy Gilman, child singing superstar at age eleven, now 21, was added to the project. Billy Gilman has sold over 5 million records. I had the opportunity to interview Billy the first time about a year ago -- on Friday, I was able to see him perform live -- and we agreed to another more in-depth interview. There's a preview of a "Profile in Performance" on Billy Gilman on the both the website and the blog.

HR: Drug Test Results Debated

In an Employee Benefits News posting (11/1/2009), the effectiveness of drug testing is debated in some detail. (Artilce is linked to the post title) According to a variety of sources:

• 62% of companies were conducting some form of drug testing in 2004 (down from 81% in 1998).
• 58% tested new hires; 44% tested current employees.
• "Employers that drug test...are contributing to a positive culture," stated one consultant in the field.
• "Abusers typically go through three or four jobs each year," according to an executive of a drug testing service.
• The State of Ohio found that drug testing significantly reduces turnover.
• and...cost twice as much in medical and workers' compensation claims, save money by reducing employee theft...

On the flip side, critics argue, citing their own research, that:

• Both pre-employment and random testing are associated with lower productivity compared to employees who aren't testing.
• "Impairment testing," judged solely on work performance on a given day, is more accepted by employees.
• Although legal, it infringes upon employees' privacy and civil liberties.

The article concludes with an excellent set of guidelines from an employment law specialist. They are all important -- here are three with specific HR implications:

1. What are the objectives of this policy?
2. Do we have a good training program in place for supervisors?
3. Do we have an EAP in place to provide counseling?

Comment: Excellent article provide different sides of an ongoing debate...

HR: Let's File a Grievance over Volunteer Scout!

In a story that's getting national attention, with stories appearing in both local and national media, a Pennsylvania union leader said last week (11/18/2009) that the union might file a grievance against the city for allowing a 17 year old Boy Scout to spend more than 200 hours cleaning a 1000 foot hiking trail. The Scout took on the project to earn an Eagle Scout badge.

The union official told the city council that the union would be "looking into the Cub Scout or Boy Scout who did the trails -- There's to be no volunteers." The union among other things is upset because 39 of its members were recently laid off.

After the story broke, particularly at the national level, union spokesman said the comments were "completely unauthorized and insensitive" and stated that the union was "not at all" considering a grievance in this case.

Comment: The union has taken a lot of heat from local and national government officials -- and the press. It's well deserved. Fortunately, someone in leadership in the union stepped in quickly to "stomp the stupidity."

HR: Job Seekers "Seek" to Erase Criminal Records

A lengthy, front-page article in the WSJ (11/11/2009) presented information about the growing trend of job seekers working to erase criminal records. Cases highlighted in the story feature relatively "minor" offenses which have come back to haunt individuals. One case involving a 31 year old Air Force veteran was turned down for a job with a temp agency because a background check turned up a 1986 conviction for a misdemeanor, resulting in a "no judgment" ruling and a $60 fine.

The story details several cases and also identifies that companies have sprung up to help individual clean their records.

Comment: An extremely complex issue, complicated even more today by the worst job market and economy in decades. The article raises as many questions as it does answers -- but there is one question that to me really stands out. Are we excluding candidates because they cannot do the job? Or are we making easy decisions to eliminate a candidate for something 20 plus years ago and completely unrelated to the job?

HR: Employee Who Filed Rape/Sexual Harassment FIRED

According to an article in the WSJ (11/11/2009) an executive of Steiff GmbH was terminated "for cause" in September. The executive, a U.S. marketing executive, had previously filed charges of sexual harassment and rape against the head of the German company's toy unit. The executive sued the company in state court in New York and filed charges with the Massachusetts Commission Against Discrimination, seeking $80 million in compensatory and punitive damages.

The case appears to be very complex with the allegations of the executive and the counter charges against her for inappropriate accessing of e-mail. There are e-mails between the parties -- a diary, e-mailed photos -- everything for a horrible true life movie of misbehavior in the workplace.

Comment: You need to check out the details of the story to really appreciate this -- but it serves of still another example of how critical it is for Human Resources to develop, monitor, train, and effectively manage policies. It's not clear from the article but I am wondering whether or not the company could not have gotten ahead of this case...

HR: Workplace Violence and "Grievance Collectors"

According to a SHRM online posting (11/10/2009), recent incidents of workplace violence, particularly the tragic situation at Fort Hood followed the next day by another incident the next day in Orlando, add a new factor in understanding -- and hopefully preventing these occurrences.

The Orlando case, in which one person was killed while five others were injured, involved an employee who was reportedly terminated two years earlier and felt the employer "left me to rot."

The factor, according to Larry Barton, a faculty member at the FBI Training Academy, is that "the single most dangerous persons at work are the grievance collectors." These are people who are unable to process their stress, their anger. And, "they litter the landscape with signals."

Barton warns that OSHA's General Duty Clause requires organizations to maintain a workplace "free from recognized hazards," so it is important to get involved when an employee talks about suicide or threatens or harms another person.

Comment: Another critical issue for HR Professionals, for training supervisors and managers, for clear cut policies (and rules!).

HR: Burglaries at Work

According to a WSJ article (11/17/2009), small businesses typically not facing dangers from stickups and burglaries are facing new threats as banks and other "more typical" targets have improved security. It's an HR issue because it is resulting in significant increases the need for crisis counseling and employee assistance programming. One provider of employee assistance programs has seen a 21% increase inthe number of requests for crisis counseling of offices that were robbed. And experts believe the number of incidents are under reported.

Comment: Interesting from a number of perspective, frightening because it represents still another challenge for HR professionals.

M: The Multi-Tasking Debate

According to a "Headlines" post in Scientific American Mind (November-December, 2009), there is further prove concerning our inability to truly multi-task. The latest MRI-based research pinpoints that the roadblock is the prefrontal cortex which can simply handle only one task at a time. While we're able to speed up how fast we can switch from one task to another (with training and practice), it appears the goal is simply to become very quick at "switch-tasking."

For more observations and insights into the thinking skills related to logical thinking, problem-solving, brain research, and "unanticipated consequences," check out www.theucfile.blogspot.com