Thursday, April 26, 2012

Integrity

"If you have integrity, nothing else matters. If you don't have integrity, nothing else matters." ~ Alan Simpson

Tuesday, March 27, 2012

Illegal Interview Questions

Frequently, I hear from clients on the topic of interviewing. Specifically, what can be asked and what can't be asked of an applicant. As much as you may want to know if an applicant has children, and thus there is an allegedly higher possibility of missing work when the kids are sick, or if she owns her home, which means that she's not very likely to move away, you cannot ask these questions.
Here are a few others to avoid:
  • Are you married?
  • What does your spouse do for a living?
  • Do you have plans to get pregnant in the future?
  • Have you ever taken a leave of absence from a job?
  • Do you go to church?
  • Will you have to hire a babysitter if you get this job?
  • From what country does your family originate?
  • What year did you graduate from school?
  • How will you get yourself to work?
Some other guidelines:

If the job requires occasional overtime, you may ask the applicant if he is available and how much advance notice he needs to work extra hours.

It's permissible to ask him if he speaks a foreign language, as long as you do not inquire if he is a native speaker.

If the job involves overnight travel, you may ask the candidate if she is able to leave town and again, how much notice she will need.

You may ask an applicant if she owns a car and has insurance only if driving her own vehicle while on company time is part of the job. Otherwise, questions about transportation are limited to asking if she has reliable transportation to get to work. If she considers the bus, her bicycle, or a neighbor willing to give her a ride to work reliable transportation, then this is reliable transportation.

Additionally, you may not ask an applicant if he has a disability. You may (and should) ask if he is able to perform the job — every applicant should be asked this. For example, you could say, “This job requires you to stand on your feet and walk without assistance for two hours before taking a break. Are you able to do this?”

During an interview, a job seeker may voluntarily bring up something that falls under the category of questions that you should not ask. When this happens, change the subject quickly and do not write the information down in your interview notes. This is for your own protection.  If, at a later date, someone accuses you of not hiring them because they have four children, and your interview notes indicate that they have four kids, you may have a hard time proving your contrary argument if the candidate otherwise meets the criteria for the job.

Please Note: This Blog is made available by the lawyer publisher for educational purposes only as well as to give information and a general understanding of the law, not to provide specific legal advice. By using this Blog site you understand that there is no attorney client relationship between you and the Law Office of Elizabeth Van Moppes. The Law Office of Elizabeth Van Moppes is not in control of the linked sites and is not responsible for the contents of any linked site. This Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. Elizabeth Van Moppes is licensed to practice law in the State of Washington only.

Monday, March 26, 2012

"Character is much easier kept than recovered." ~ Thomas Paine

Survey Says: Being Facebook Friends With The Boss Can Be A Challenge

Republishing an interesting article on social media issues from The Huffington Post | By

Should bosses and employees be friends on Facebook? With rules about personal and professional behavior blurring, it's a bit surprising that only 21 percent of respondents in a recent Russell Herder survey said they are Facebook friends with their work supervisors, compared to 74 percent who aren’t.

Less surprising, however, is that younger workers aged 18-34 are more likely (26 percent) to be Facebook friends with the boss, compared to just 10 percent of those 35 or older. And while 44 percent of Facebook users age 55 and up think it's inappropriate to friend the boss, only 28 percent of those 18-34 agree.

Who started the relationship? Forty-six percent of those who are Facebook friends with their bosses initiated the friendship, while 38 percent say their bosses did. And here's where it gets awkward: 29 percent felt "pressured" to accept the boss's invitation.

Why it matters to your business: According to the survey, men are more likely than women to consider the Facebook relationship a "professional" as opposed to personal one. And what about legal issues? Could Facebook friendships between your employees expose you to sexual harassment charges? If you're at all worried about this, consider easing the awkwardness by creating a company Facebook page. That way, your employees can connect without feeling personally pressured.

Sunday, February 5, 2012

Retaining Employees: 5 Things You Need To Know

Republishing an interesting article on employee retention from The Huffington Post 

Even when the economy is tough -- and maybe especially then -- it's never a bad idea to show your employees appreciation. You may have a few knuckleheads you wouldn't be sorry to see go, were they to walk out, but the last thing you need is your best employees to leave you high and dry.

And they will, if you take them for granted. After all, especially in a world in which retiring with a gold watch is increasingly a fantasy, why should talented employees stick around if they aren't being treated like a best employee should be? It can obviously cost thousands of dollars to train a new employee, depending on the position, especially taking into account all the money a company can lose when its talent isn't around to land new accounts, maintain quality control and provide superior customer service. (There are a lot of employee turnover calculators online to prove this point, like this one. So if you want to keep your employees happy, in both good and bad times, here are five things you need to know.

1. Challenge your employees.

You don't want to overwhelm them, but you shouldn't bore them either. Adam Neary, CEO of Profitably.com, a website that helps businesses better plan, manage and execute their finances, says, "I believe people do their best when the work they are doing is right in the arc between where they're coming from and where they want to go." Neary clarifies: "Look at Jason Putorti, the lead designer from Mint. He was a hurricane of awesome and had no interest in leaving while they were in the throes of it all. It had to do with stretching him from where he was coming from as an agency guy and an independent designer into actually owning a brand and a visual aesthetic. It was a growth role for him, but not unreachable. And it led to him being able to take a role like 'Designer in Residence' at Bessemer and then a co-founder of Votizen. If, however, you wanted to get Jason to be your designer and play the role he played at Mint after Mint, it wouldn't make sense. And even if you convinced him short term, you'd lose him."

2. Pay your employees.

If at all possible, "pay them more than they think they are worth," suggests Gerry Patnode, assistant professor of management and marketing at York College of Pennsylvania and a former business owner for 23 years.

But if you can't pay a high salary, keep in mind, says Chip Manning, director of the Babson Center for Global Commerce, that "benefits, such as family time and flexible work schedules, can have more value to the employee rather than additional cash." Pay your employees compliments. True, if all you are is complimentary, that won't go too far forever, but it is important. The key here is respect, says Manning. Respect can be shown via money, valuing an employee's time and simply making it clear that you value your staff by, yes, complimenting them for their hard work. Or show them that you realize there's more to them than their job. The SuperGroup, based in Atlanta, is a small, digital interactive shop, that boasts high employee retention, probably due to a program which allows significant personal use on company time to be spent doing anything creative, like penning a novel or screenplay, learning to paint or taking music lessons.

This should be obvious, but if it was, we wouldn't have books out there like "My Way or the Highway: The Micromanagement Survival Guide" by Harry Chambers or "Creating Passion-Driven Teams: How to Stop Micromanaging and Motivate People to Top Performance" by Dan Bobinski. Remember, if you hired employees because they're talented, creative and have a unique set of skills and intelligence, if you constrain them too much and make them do their work exactly like you would do it if you were in their position, you risk losing the very qualities that you hired them for in the first place.

4. Make the work environment as work-friendly as possible.

It's not all about the employees, exactly. Look in the mirror and at your environment. Money is an important motivator, but so is going into a workspace that lacks office politics and general tension. Is the office everyone works in kind of a dump? How is the heating and cooling system in your office, store or building? Would you work here if you were an employee of yours? All important questions to ask.

5. Employees need to get something out of their job.

If you aren't giving or can't give your employees some sort of ownership in the company -- whether stock, or bonuses when the company is doing better -- you need to, at the bare minimum, offer your employees as much career growth as possible. Employees know that, any day, theoretically, no matter how good of a job they're doing, they could be kicked to the curb. Understanding that tends to make employees very acutely tuned in to improving their hireability. Employees tend to want to know that if that day comes and their services aren't needed any longer, they're still going to be in demand because they've been working with the most cutting-edge equipment in the industry or taking yearly seminars. It may seem counterproductive to help prepare an employee for a better job, but the more you help an employee grow and evolve so they can get a better job, the better the odds that they're going to realize that the better job is the one they have.