What is wrong with this picture? I believe it is a breakdown in not only individual ethics but a disregard of business ethics and business conduct. Business ethics and conduct is all about values and principles and help businesses define who they are as an organization (and also as an individual). I believe every organization should have a business ethic policy, communicate it to their employees and clients, and follow it very carefully.

What is a business ethic policy? It is a statement of what your organization believes in, how they treat one another, and how they do business. It is not just a compliance issue - it is the integrity of the organization and a statement of support and belief in that integrity.

Employees need to have this policy and that the company they are working for has set high standards that are important to them and that the employee is supported by management if they are faced with a difficult ethical decision.

I believe that in the case of Enron and the mortgage debacle we are currently going through, the collapse of organization’s business ethics and code of conduct is the primary reason for the failure. This failure cost the business to collapse, their employees to lose their jobs, and in some cases resulted in legal repercussions that are still being felt today. If these businesses had policies in place, they ignored them.

What can employers and employees do? I believe there are several steps that we can take:

1. Reach an agreement as to what each of you mean by business ethics and what conduct will be appropriate in your place of business.

2. Train employees in how to conduct business and respond to requests and let them know the consequences of not following your policy.

3. Define and explain conflict of interests so there is no misunderstanding of how employees are to conduct business either in or outside of the organization.

4. Provide assistance and support in reviewing how to identify and deal with potential conflicts of interest.

5. Protect your own business secrets and product information with non-disclosure documents so that every employee understands that certain information is proprietary and important to your business.

Business ethics and conduct are too important not to be a major statement within an organization. Make sure your organization has one.

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What can employers do to reduce health care costs and protect employees from contacting the flu?

First and foremost, encourage employees to get the flu shot!

• Offer flu shots on company premises as part of a wellness program.
• Do your medical benefits offer flu shots with no deductible or co-pay?
• Educate your employees — you cannot get the flu from a flu shot. The vaccine does not contain live viruses.

Send sick employees home

Review your sick leave/absence policy to ensure that it does not punish employees for being sick. Employees who feel that they will be disciplined will have strong incentives to show up for work no matter how sick they are.

Stress preventive measures

• Make certain restrooms are properly stocked witgh soap, paper towels, etc.
• The best preventive measure is to wash hands with soap and water often!
• Be creative - have a contest for employees to design postgers for flu bug prevention.
• Provide sanitizers and tissus in common areas.
• Make certain the janitorial crew regularly sanitizes the phone, computers, door knobs, etc.

In case of serious flu outbreak

• Minimize face to face meetings
• Consider telecommuting as an option
• Temporarily suspend the customary greetings of handshaking and/or hugging

Flu symptoms include fever — usually high — headache, extreme tiredness, dry cough, sore throat, runny or stuffy nose and muscle aches.

There is a website to check on the flu outbreak in your state: National Site for Flu Prevalence/Outbreaks

http://www.fluwatch.com/index2.html

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Turnover is costly:

• At least one and a half times an entry level employee’s salary - much higher for management level staff.
• Affects other employees - someone will have extra work until the new person is hired
• Delays the company in meeting its goals
• Upsetting for the customers - they don’t like to “train” new people

The latest buzz word with regard to employee retention is “engaged”. Will we recruit another body to be “employed”, or do we want someone committed to the organization, “engaged”?

What are the characteristics of an engaged employee?

• They love with they do - job content is the key
• Engaged employees are leaders as well as team players
• They have a positive attitude - enthusiastic for new opportunities
• Engaged employees understand the importance of customer service
• They are committed and will go the extra mile
• Engaged employees are less likely to leave the company

What is the secret to building and maintaining an engaged workforce.

1.) Recruit carefully

• Define the job - know what you’re looking for
• Determine performance criteria
• Don’t hire in haste! Leave the position open until you find the right fit.

2.) Make “Onboarding” meaningful

• Appoint a coach or mentor to ease the new employee’s transition into the workplace
• Communicate what is expected during the introductory (probationary) period and who the employee can go to for assistance
• Little things mean a lot - have all the basics in place like computers, office supplies, business cards, etc.

3.) Provide opportunities

• Employees will leave a job if it doesn’t offer career development and challenges
• If you are a small company and promotions are not readily available, important project work that provides for skill development should be considered to keep employees motivated.
• Offer opportunities for continued professional development, i.e., seminars, membership in professional organizations, etc.
• Where possible, offer flexible work schedules/telecommuting. Today’s diverse workforce faces challenges regarding child care, elder care, etc. A flexible employer is an employer of choice.

4.) Get the Wrong People Off the Bus!

From Good to Great: Why Some Companies make the Leap…and Others Don’t by Jim Collins

advises employers to get the right people in the right seats, and to get the wrong people off the

bus.

People get frustrated with co-workers who do not pull their weight. Companied who tolerate

poor performance will drive off the good employees

5.) Senior Management

• Needs to “walk the talk”. So often it’s do what I say, not what I do.
• Make a decided effort to know the employees on an individual basis.
• Identify and weed out poor supervisors
• Communicate on many levels, not exclusively by e-mail and text messages.

6.) Also Important

• Reward employee contributions - do this in creative ways and do it often!
• Recognize the generational differences and provide opportunities for employees of all age groups to work together.
• Conduct period employee surveys - CAUTION - do not ask for suggestions if you have no intention to do anything with the feedback. This doesn’t mean you must act upon every suggestion, but surveyed employees need to have their input acknowledged.
• Make certain that your salaries and benefits are competitive.

Strive for an Engaged Workforce. Your turnover will be lower, your customers will be more satisfied and your profitability will increase!

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It is a more profitable system to determine, in advance, what is your highest margined product/service and be sure that there is enough goal to ensure that the salesperson focuses the right amount of attention on that segment. An example would be:

Product A: 55% gross profit

Product B: 45% gross profit

Product C: 35% gross profit

If Product C is “easier” to sell and your salesperson only has to reach that dollar goal, they will naturally lean towards selling Product C. However, if they have to have a minimum dollar sales of Product A, they will be encouraged to sell more of this product in order to qualify for their commission.

Along with this, it is critical that retention be built in whenever possible. This could be accomplished by paying the salesperson a residual incentive for retaining clients they brought in. This could also be managed by profitability goals. This would show that the company’s net profitability for this salesperson’s portfolio is growing. It doesn’t benefit a company to have a “super” salesperson who doesn’t retain clients because sales are probably their major focus; and therefore the new sales only marginally cover lost business.

Net/net, the company loses money in this scenario because they are paying a salesperson when the net profitability doesn’t increase enough to even cover the commission. The average cost to replace an existing client with a new one is 3 times the cost of retaining one!

Finally, it’s okay and even advisable to have qualifiers in your plan. Your sales staff have to adhere to things like representing the company’s vision and mission. They have to be a team player, closing a sale generally involves working with others in the company. If you have someone that loves to go out and bring in the business but can’t work well with those that actually have to get the backshop part of the process done, the system breaks down. You may think of other qualifiers that will ensure that you have an all around star employee, internally and externally.

Commission sales can propel your company forward, hopefully this will help you hire the right sales people to ensure the overall success for them and for you.

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Politics, personal finances and religion are topics that are best avoided in the workplace. You cannot assume that because a person may share your views on sports, entertainment, books, etc., that they also share your political views. If you are unsure of your colleague’s views, it is best to avoid political discussion

Most companies do not have a formal policy for political discussions in the workplace. However, business owners, executives, managers and supervisors need to be particularly careful about debates and communicating their political views. Members of the management team should not put themselves in a position that could leave them vulnerable to discrimination lawsuits.

If a supervisor observes a discussion getting out of hand, he/she must manage the conflict before it escalates.

Do not campaign at work. If you are in management, it puts the employees in an awkward position, fearing retaliation if they don’t share your beliefs.

Do not base any employment decisions on a subordinate’s political beliefs.

Make sure employees understand that you expect everyone to honor diverse opinions, and beliefs. Many include the phrase “political affiliations” in their harassment policies.

Employees who repeatedly attack or scorn the political, religious or other beliefs of coworkers should be subject to progressive discipline.

Freedom of expression is a good thing. However, the discussion of politics, religion and differing beliefs must not be allowed to develop into workplace conflict.

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Human Resource or Personnel departments are dealing with management teams planning on how to be more cost effective and looking at budgets to determine where they can trim costs. Employees are looking at how to balance their home budgets against rising costs in all commodities, while dealing with organizations who are not in a position to give increases to accommodate the cost of living increases.

All of this creates STRESS. What is the answer? There is no quick fix but there are ways companies can assist employees looking at monetary crisis.

* Talk to your insurance broker and ask if they have any programs you can present in-house to your employees to discuss:
o
+ Wellness and health cost saving techniques
+ Financial planning
+ Budget preparation
+ Access to financial assistance
* Communicate with your employees to make sure they are comfortable and aware of what is going on. It stops rumors and makes the employee feel a part of the process.
* Survey your clients to let them know you care and you are looking to be a resource to them during the rough times.
* Look at your budget and see where you can effectively save time and money, without compromising quality and service.

One area that might be beneficial is looking at your HR programs. The last thing you need or want is stress over a possible lawsuit. Make sure you are in compliance where needed and if you don’t know for sure, get someone with experience to do an audit to make sure you are doing all you should be doing. If you have an Employee Manual, make sure you are following your own policies. If you don’t have a Manual, look into putting one in place.

Finally, don’t be afraid to ask for help or guidance. Stress will continue to be there - you just need to learn to manage it.

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Some businesses are unsure how to handle privacy compliance in regards to HIPAA regulations.

The Health Insurance Portability and Accountability Act of 1996 has created more work for businesses in that they have to spend endless hours researching HIPAA regulations, training employees, rewriting contracts, internal documents, patient forms and policy and procedure manuals. If office administrators, practice managers or physicians are unsure how to handle privacy compliance, then there could be consequences which can include hefty fines.

The types of business entities that are affected by the law include, health plans, health care clearing houses, and those health care providers who conduct financial and administrative transactions (e.g., electronic billing and funds transfers) electronically. In order to ensure the security of personal health information, there needs to be privacy safeguard standards in place.

Entities may have the flexibility to design their own policies and procedures to meet regulatory standards. The requirements are flexible and scalable to account for the nature of each entity’s business, and its size and resources. Covered entities generally will have to:

• Adopt written privacy procedures. These include who has access to protected information, how it will be used within the entity, and when the information may be disclosed. Covered entities will also need to take steps to ensure that their business associates protect the privacy of health information.
• Train employees and designate a privacy officer. Entities will need to train their employees in their privacy procedures and must designate an individual to be responsible for ensuring the procedures are followed.

There are specific boundaries to keep in mind, and with some help businesses can learn to comply. For example, there must be accountability for the use and release of medical records, and companies need to ensure that health information is not used for non-health purposes. Penalties for entities that misuse personal health information include:

• Civil penalties. Civil penalties are $100 per violation, up to $25,000 per person, per year for each requirement or prohibition violated.
• Federal criminal penalties. Under HIPAA, Congress also established criminal penalties for knowingly violating patient privacy. Criminal penalties are up to $50,000 and one year in prison for obtaining or disclosing protected health information; up to $100,000 and up to five years in prison for obtaining protected health information under “false pretenses”; and up to $250,000 and up to 10 years in prison for obtaining or disclosing protected health information with the intent to sell, transfer or use it for commercial advantage, personal gain or malicious harm.

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ERISA confers substantial law enforcement responsibilities on the Department of Labor. Part five of Title I of ERISA gives the Department authority to bring a civil action to correct violations of the law, provides investigative authority to determine whether any person has violated Title I, and imposes criminal penalties on any person who willfully violates any provision of Part 1 of Title I.

When voluntary compliance is not achieved, the Employee Benefits Security Administration (EBSA) may refer a case to Labor Department attorneys for litigation. EBSA has authority under ERISA Section 502(c)(2) to assess civil penalties for reporting violations.

A penalty of up to $1,000 per day may be assessed against plan administrators who fail or refuse to comply with annual reporting requirements. Section 502(i) gives the agency authority to assess civil penalties against parties in interest who engage in prohibited transactions with welfare and nonqualified pension plans. The penalty can range from five percent to 100 percent of the amount involved in a transaction.

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Providing inaccurate or inappropriate information or asking inappropriate questions may provide grounds for discrimination, defamation, or invasion of privacy lawsuits. Employers may not ask about or give out information about any of the issues protected by state or federal law. These issues include age, race, religion, national origin, or disability. Also, employers may not give false statements that damage a former employee’s reputation; nor may they provide any embarrassing personal facts.

However, it is important that employers understand they have an obligation to provide information about harmful tendencies and failure to provide that type of information can lead to negligent hiring issues by the new company and lead to claims of misrepresentation.

Many companies skirt the issue by only providing “Name, Rank, and Serial Number”, which is only a verification of title, date of hire and salary or earnings. This approach cannot help the company seeking information and may in fact harm the chances of good employees finding a good job. If the employee cannot find a job, they may file for unemployment, which may affect the old company and add to their unemployment taxes.

What is the answer? Employers can limit their liability and still provide useful information by:

• Develop and follow a written policy on reference checking that specifies who may give references, what information may and may not be given, to whom may information be given.
• Limit the number of people in your organization who may give references and make sure they are trained in how to give information to others.
• Always make sure you have the written consent of the former employee to provide a reference, and if possible indicate that the reference could be based on past performance reviews.
• Ask for a written release of liability from the employee (usually provided through the new company) before a reference is given.
• Give only truthful, job-related information based on your documented facts.
• Do not give references with prejudices or malice and never, ever, make statements about the character of an employee.
• Make sure the person you are giving the reference to is authorized to receive it and has a legitimate need for it.
• Train those who give and receive reference on how to do it legally and correctly.
• Document all reference requests and what information you provided.

Finally, when in doubt, check with your state to see if you are immune to civil liability for good-faith references and if necessary, ask legal counsel for guidance. This would be especially true if there are issues that may seem to be “delicate”. No matter what side of the coin you are on, do your due diligence and check and give references when needed.

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According to business surveys, there are currently 4 generations in the workplace. Those born before 1945 (called Veterans), those born between 1945 and mid-1960 (called Boomers), those born between 1965 and 1980 (known as Gen Xers), and those born after 1980 (either Nexters or Gen Yers). This creates a minimum age span difference of at least 35 years.

This may not seem to be significant by itself, but I remember when I turned 21, I thought 35 was ancient. Now that I am a part of the seasoned generation (also known as the middle of the road between the Veterans and Boomers), 35 is a youngster. What I believe business owners need to understand is how the past that employees and clients bring to the marketplace influences the present and which in turn will influence the future.

The life span of the average individual is much longer today than it was 100 years ago. Moreover, some experts say it is not beyond the realm of possibility that the life span over the next 50 years will increase from the current 75 or 80 years to 100 to 120 years. What does this mean to the workforce of the future? Most likely, it means that individuals will be extending their work years, so the workforce may include not just the 4 generations of today, but 5 generations working together.

If, we as business owners, can prepare our businesses and our staff for the changes in the workplace, the impact on our revenues, our hiring, and our client retention will be better understood. I believe we get to this understanding by remembering where we came from.

The Past

The Veteran generation came out of the depression era and a world war. It was a time when radios ruled the airwaves, telephones were party-lines that you shared with your neighbors, where reading was the norm, and communication was through writing letters. In an office, typewriters were the predominate office equipment and there were no copiers, you made carbon copies when you typed a document. Telephones where managed through the cord systems and most jobs were held by men. Few women worked and usually only before they married. Self-sufficiency was the norm as you learned to make due with what you had. I grew up “poor” but I didn’t know it because everyone else was in the same boat.

The war (WWII) brought the first major changes to the economy and to the workforce. With the men off fighting the war, women became a predominate feature of the workplace. They found they could do the same jobs as the men they replaced and still be a wife, mother, sister, etc. They were the start of the multitasking need in the workforce. WWII and its aftermath brought other changes, such as television, time saving appliances like refrigerators, electric stoves and ovens, washing machines and dryers, mixers, etc. Why were these important? They gave the homemaker free time and with that time came the need to do something - like work. I asked my Mother, on New Year’s Eve 1999, “What was the most important invention of the 20 Century?” I thought the answer would be the computer, microwave, or air travel. Her answer surprised me, as she believed it was the invention of the electric washer and dryer. Laundry day used to be an all day chore with ironing and hand washing. The electric washer and dryer freed up time for the busy homemaker to pursue other avenues, such as working outside the home. Thus the Boomer generation was born.

The Boomers came from a more affluent time, when technology was starting to blossom and that technology brought more time for work and more time for leisure. Vacations, education, and volunteering were a part of the landscape, where they were only for the rich and famous before. This time also brought unrest. Civil rights, politics, assassinations, and riots were also part of the scene. Changes in music - from the Andrews Sisters and Glenn Miller to Elvis made it difficult for parents and children to communicate. Flower Power was in - much to the dismay of many parents. Reading was still important, but television and movies were there to bring the stories to life. Writing letters was still important to the communication process, however.

In the workplace, the Boomers brought technology to a high place - electric typewriters made life much easier, copiers provided instant renditions of documents without the pain of multiple carbon copies. The old cord switchboards were replaced with PBX systems and at the outer fringes was the unknown computer.

From about 1965 to 1980 saw the biggest technological changes since the Industrial Revolution. These changes are still being felt today. Not only did we set foot on the Moon, we started to look at our quality of life - both in the home and in the office. It was the start of the “Instant” or “Now” generation. We had instant coffee, instant juice, instant news.

The era from 1980 to the new Century brought huge changes - both in our home and work lives. At home, we saw both parents working so the youngsters became self-sufficient and in some cases, selfish. Fast food and fast music became a part of their generation. The technological advances included cell phones, video recorders, television 24 hours a day and most important, the immergence of the computer as a staple in our lives and the introduction to the Internet.

Reading was not as important, as we became a more visual society with block-buster movies and made for TV dramas. Moreover, the art of writing became lost with the use of text messaging and email and Internet websites. This generation of workers saw more family disharmony, less family togetherness and thus, in my estimation, became more self-centered. They wanted to know what was in it for them. They also wanted more “free” time to do what they wanted to do while not at work. Work was not as important to them as having the freedom to take a trip when they wanted. They saw companies lay-off and let go their long-term employees without any obvious concern so they decided they wouldn’t care either.

In the workplace, technology also changed the landscape. Now, typewriters are outdated and computers sit on every desk. Even in the manufacturing environment, computer kiosks are available to check policies, benefits, and other company information. Voice mail and automated telephone systems now rule and even sales clerks in department stores are now Service Centers where the customer goes to get help instead of the sales clerks/representatives seeking the client out to help them.

The Present

All of these generations bring us to the here and now - the Present. How we interact with one another, both from a family perspective and from a work perspective, are part of what generation we are coming from. Veterans and Boomers are more inclined to tell stories and listen carefully. GenXers and Yers are more self-centered and independent. One generation wants to tell the other generation how to do something (like it use to be done in the past) and the new generation doesn’t want to take advantage of the past history - they want to do it themselves.

The biggest problem is that while the new generation will probably find their way to get it done, and will get it done beautifully, if they would just take time to listen to the older generation they might get it done more timely and efficiently.

The present workplace is full of technological advances. These advances have allowed workplaces to become more flexible and to even provide opportunities for working from home (in some cases). The Internet has changed our approach to sales and marketing as more and more people use the Internet for their personal shopping mall. It has also brought frustration in that you can find it difficult to speak to a real person as you keep pushing numbers to try to get customer satisfaction.

Because of the generational differences in the home and workplace, there doesn’t seem to be as much loyalty as there was during the Veterans and Boomers era. Employment during those years was for life, while the average time with a company today is anywhere from three to 5 years. Workers today may have as many as three different careers in their life. There is more emphasis put on the work/life balance than ever before.

The workers of today are more concerned about the environment and what they and their organization need to do to go green. While we are not in a worldwide war, we are in conflicts around the world. Both sets of parents probably still need to work, but the care of the children and the home are being shared by the parents.

The Future

The education of the youth of today, who will become tomorrow’s workforce, is in dire need of an overhaul. The reading, writing and arithmetic philosophy need to be reestablished. Text messaging a report in the office will not cut it. Technology will continue to change the environment in which we live and work. However, in order to succeed, the generations need to stop and talk to one another and to understand where they are coming from.

Business owners need to be able to identify the different skills that the generations have and to utilize them more efficiently and effectively. This will not only benefit the organization, but will help the workers get along better and thus be able to help one another adjust to the changes they encounter.

The GenXers, GenYers and the Newbies (those born after 2000 that are not yet in the workplace) have to keep in mind; someday they too will be the seasoned worker, dealing with those pesky youngsters. And, those pesky youngsters will have the opportunity to learn from the past as they deal with the present and get ready for the future.

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But when we get back to work that following week, we just can’t seem to get ourselves motivated to get back in the work groove. Just remember this one simple rule - to stay positive. You can get any job done when you set your mind to it.

Source: Effortless HR Software's HR Blog | How to Re-motivate Employees Back to Work After A Holiday Weekend?
Tags: motivate, work and holidays

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When customers contact a company, customer service has an opportunity to improve or worsen the relationship with the customers. Hopefully you want to improve your relationship with the customers. So, it would make good sense to make these contacts as meaningful and helpful to the customers as possible. If you want your customers to be loyal, it is a good practice to have both you and your employees pay attention to your customer service practices and follow these basic tips:

1. Always tell your customer what you CAN do for them. Never tell them what you CAN’T do for them.

2. If customers are angry, let them vent at first. Remember it’s not personal. Do not interrupt them or start to speak until they have finished everything they have to say.

3. Diffuse anger by saying “I understand that you feel upset or angry.” This will acknowledge the customer’s position and it gives the customer the sense that you care about what they are feeling.

4. Remember the customer’s name and use it at various points in the conversation. Write it down if necessary so you don’t forget the name.

5. Make sure you present an acceptable solution to the customer’s problem. Get their consent and agreement. This will confirm where you both leave the issue.

6. Always end each contact with a “Thank you” or a message of appreciation for their business.

7. When speaking to a customer, make certain that your tone of voice matches your words. Remember, your tone of voice can contradict your message.

8. Make sure you are actively listening and wear a smile even while on the phone! There is nothing worse than asking an upset or angry customer to repeat what they have just said.

9. Follow up on your solution. Contact the customer, at a later time, to make sure that their problem has been resolved and they are pleased with the outcome.

10. Ask if there is anything else that you can do for your customer. Taking the time to ask shows the customer that you value them and often results in increased business and a more than satisfied customer.

With these few basic tips you can create and maintain loyal customers, no matter what the economy is.

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The Supreme Court’s ruling in Smith v. City of Jackson, Mississippi, has upheld the notion that persons who sue for age discrimination do not need to prove that an employer intentionally discriminated based on age. Instead, a person only needs to show that a workplace policy has a disparate impact on older workers. Due to the gray areas within this ruling, additional litigation has surfaced. Plaintiffs sue for emotional distress caused by age discrimination, and the typical age-bias cases average $150,000, while state law wrongful discharge lawsuits can run upwards of $1 million. Age discrimination lawsuits carry great financial penalties because the damages are based on the earnings of the plaintiffs and the time that they are out of work.

The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA’s protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment — including, but not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA.

The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.

Certain state laws tend to include employers with fewer than 20 employees, so small businesses might have to comply with state law even if they are not covered by the Federal Age Discrimination in Employment Act (ADEA).

Businesses need to be proactive and extra vigilant in educating themselves to prevent age bias claims. There is no time like the present to evaluate current employment policies. Simple solutions can include keeping abreast of all record keeping requirements and reviewing business policies to ensure they are age neutral. Other solutions include, retaining payroll and benefit plan records for all terminated employees and having an organized and safeguarded system to retrieve important documentation.

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Here are the facts:

Employers with 15 or more employees are covered by Title VII of the Civil Rights Act of 1964. In 1991, Congress amended Title VII to permit victims of sexual harassment to recover damages, including punitive damages, under federal law. In 1993, the U.S. Supreme Court broadened the reach of this law by making it easier to prove injury.

The Equal Employment Opportunity Commission (EEOC) expects to double its cases of sexual harassment over the previous year. When investigating allegations of sexual harassment, the EEOC looks at the entire set of circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis. There is a clear and present danger to businesses who are not aware of the sexual harassment law and have yet to put policies and practices in place to avoid expensive litigation. Having a system in place to ensure proper employee education, and implementing procedures in regards to complaints can help avoid costly lawsuits.

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1. Take a good hard look at your employment application, as well as all other employment work related documents that an outsider may look at and say the documents seem to be biased or slanted.
2. Your applications and any offer of employment should not only outline the job but should be signed, so make sure you have the candidate sign both of them.
3. Do not hire over-qualified individuals as they will most likely become bored and will probably not stay engaged. On the flip side, don’t hire under-qualified individuals if you don’t have a way to bring them up to the standards you are working at or if you cannot train them effectively.
4. Insure against charges of “I was never told” by requiring every new employee have an orientation that includes the reading of the company employee manual and the signing of an acknowledgement form.
5. Let employees know that you want to hear their complaints and want to resolve any problems in a timely manner by letting them know the company communiction process .
6. Put in place a formal review program and commit to it. Don’t rush through the process and hand out ineffective evaluations, but be honest and help develop the employee’s performance.
7. If it becomes necessary to discipline or terminate an employee, make sure you review his or her personnel file and look at length of service, other infractions, how their evaluations have been in the past, and how serious is the infraction they are being disciplined for now.
8. Be especially careful if you are going to be laying off employees. You need to consider the age, sex, or race of those being laid off and if your company is of a certain size (100 employees) you may be required to follow government layoff requirements, also known as WARN.
9. Respect and courtesy go a long way in fending off litigation. Treat your employees the way you wish to be treated.
10. When in doubt, get professional assistance from an employment lawyer. Most offer free or reduced fee consultations and may be able to help you in your quest to stay out of court.

There are probably many more tips. If you have more, please share them with us.

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If the Department receives a complaint, the agency will first determine whether the complainant is an authorized worker. If the employee is authorized, the agency will conduct an investigation into whether or not an employer has engaged in unlawful discrimination. When an employer receives a no-match letter from the Social Security Administration or a “tentative non-confirmation” as a result of using the E-Veriffy System, the company must resolve those situations in accordance with the procedures outlined in the Department of Homeland Security’s no-match rule.

Terminating an employee without attempting to resolve the mismatch could result in a charge of national origin discrimination. Employers should also be consistent and treat all employees with name-number mismatches the same. For additional information, go to the Office of Special Counsel website at http://www.usdoj.gov/crt/osc/

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Knowledge is the key to understanding the severity of these penalties. Penalties can include $250 to $3,000 for improper completion of the I-9 form. Improper completion, retention or making it available for inspection fines range from $100 to $1,100 for each I-9. Knowingly hiring or continuing to employ unauthorized workers fines range from $250 up to $11,000 per violation. Firms who show a pattern of hiring unauthorized workers are liable for criminal penalties of as much as $3,000 per employee and may be subject to six months in prison. Investigators have considerable discretion in assessing fines and will look at factors like the size of the company, the seriousness of the violations, whether the employer was trying to comply in good faith and the pattern of past violations.

Depending on the state in which the company operates, this penalty can also include the suspension of license to practice within the state. So how can a business operate properly to protect itself?

All employers are required to complete an I-9 form of each new employee. This must be done within three business days of hire. The law stipulates that U.S. employers cannot hire or continue to employ persons who are unauthorized to work in the U.S. In addition, Arizona, Colorado, Georgia, Minnesota, Mississippi, Oklahoma and Rhode Island require employers to utilize the on-line E-Verify system. On 6/9/08, President Bush issued Executive Order No. 12989 instructing federal agencies to require contractors to participate in the E-Verify Program.

Information regarding I-9 compliance and the E-Verify system can be found on the Department of Homeland Security’s website: http://www.formi9.com/index.aspx?s=g-3

Employers should ensure that all personnel involved in the hiring process know and comply with the proper procedures for completing the I-9 Form. I-9 Forms should be kept separate from all other personnel documents.

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Consider the following before passing out the “pink slips”.

Eliminate nonessential meetings and travel. Critical training should not be eliminated, but consider local resources and on-line seminars.

Audit your office supply expenses. Employees need the tools to get the job done, but do you need 12 different colors of post-its and 6 different kinds of pens

Ask your employees for their input on how you can save money. Employees are more likely to “grin and bear” the necessary cuts if they have a say in how it is done.

Institute a hiring freeze. Ask for help in reassigning the job duties if someone leaves the company.

Consider a reduction in the work week for everyone.

If pay cuts are an option, be sure they begin with the owner and managers. Start by eliminating bonuses.

Request employees to take an unpaid vacation.

Become more economical when it comes to company luncheons, holiday parties, etc.

Remember to be upfront and honest with your employees. Layoffs should be the last resort for the business owner.

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Let’s look at the different types of training that may be important to your organization.

1. Job Skills Training - A responsible organization will take steps to provide employees the means to improve their skills. This is especially true with new hires, who are not fully up to speed and may need a program to help them not only develop their skills but to reinforce the company policies and procedures. This type of training will help off-set the time to answer questions or to re-do a job because it was not finished to company standards.
2. Compliance Training - Employment compliance issues are constantly in the news and are always changing. Staying current on compliance issues may be critical to the liability of the company and may be crucial for new supervisors and current management to take. If your company is mandated under the Occupational Safety and Health Act (OSHA) to provide safety training, you may be at risk if you do not comply.
3. Employee Development - Helps a company place employees in the right position to reduce turnover and poor morale. Effective training will not only address the needs of the individual employee, but also communicate to the employee the needs of the organization.
4. Succession Planning - Training of your star employees into lower, middle, and upper management will give them the opportunity to learn new techniques and to develop new skills. This type of training helps the organization to plan for growth and retirement issues.
5. New Supervisor Training - All too often, a good, hard worker is promoted into a lead or first line supervisory role - without any training. By taking the time to analyze the capabilities of the employee and training them into this new role, will safe the company time and money and the individual the peace of mind of knowing what is expected in this new role.

Training, just like other functions, is a process. If you plan ahead and put a good, solid program together, training will only benefit your organization. With proper training, you can transform disengagement into employee engagement.

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