Posted by Celia Couture on Tue, Jul 20, 2010 @ 09:40 AM
As business owners, we are also responsible for hiring. There are a whole hosts of steps to the hiring process, but none more important than the offer letter. Offer letters, set the stage for what an employee can expect from an employer, but it also sets the stage for what the employer expects from the new employee!
Offer letters must be coherent, informative, and legally sound. In many cases, these letters must satisfy the goals of avoiding, reducing, or resolving liability. For example, it is in the employer’s interest to preserve the at-will relationship. Under the at-will doctrine, which is the standard in the vast majority of states, either the employer or employee may, subject to certain exceptions, terminate the employment relationship at any time, for any reason, or for no reason. Courts have found that statements made in offer letters and other written statements made to employees can create an implied contract that alters the at-will relationship.
In the case of offer letters, the most important thing an employer should do to preserve the at-will relationship is to include a disclaimer prominently in the offer letter. State courts have set different standards for how and when an implied contract may be created, and employers must make sure that the disclaimer contains the language required in their state. Employers should also have their legal counsel review letters.
A job offer letter could become a legally-binding employment contract of sorts, should the employee later dispute what you offered vs. what he or she actually received on the job. So, make sure that you can deliver what you offer in writing. (Consult legal council if you have any doubts about writing a job offer letter.) But do include as many details as practical in your job offer letter or as attachments or enclosures, so that your job candidate has enough information to make an informed decision. Remember, candidates might receive other job offers. Consequently, you might be competing for their attention.
Posted by Celia Couture on Tue, Feb 16, 2010 @ 09:00 PM
The recent news coverage of children bullying other children has unfortunately reached epidemic proportions in our schools. Recently, a young student was cyber bullied to such a degree that she committed suicide. We here stories like this and are dismayed, concerned and angered. Why are parents not doing their jobs? Why are innocent children taking their lives? Why do other children feel compelled to treat each other this way? All of these questions have been pondered and studied by school officials, the police and psychologist. I'm not sure anyone has a good answer. We can only hope as adults that if we discover this behavior we intercede in the hope of helping one child. I often wonder then if there is strong link between the behavior by children and similar behavior I see as a management consultant.
As a management consultant, I am in the business of helping companies with employee relations. I am often asked by employees how a manager can get away with treating employees terribly?
According to Teresa A. Daniel, an employment lawyer, author and principal consultant at InsideOut HR solutions, "While it may be disconcerting and unprofessional, it is universally not illegal in the US for managers t threaten, insult, humiliate, ignore, or mock employees. Nor is it illegal to gossip and spread rumors, withhold information, or take credit for someone else's work. Unfortunately, these bullying tactics are not rare; they take place with frequency."
What is workplace bullying? The legal definition refers to "repeat and persistent attempts by one person to torment, tear down, frustrate or get a reaction from another. It is treatment which persisently provokes, pressures, frightens, intimidates or otherwise discomforts another person." (The Harrassed Worker, by Dr. Carroll M. Brodsky)
An even more frightening statistic: In a survey of 1,000 U.S. employee by Employment Law Alliance in San Francisco, nearly 45 percent of the respondents scored that they have worked for abusive bosses. It is further estimated that 37 percent of American workers, roughly 54 million people, would report being bullied at work.
Under federal law, it is unlawful for an employer to harass any member of a protected class based on race , religion, physical or mental disability, sex, or age, but the government still has not extended the law to prohibit workplace bullying.
While we continue to work to improve employee satisfaction in their work worlds it is critical for us to pay attention to the warning signs that employees may be enduring difficult workplace environments at the hands of their bosses. There is a huge difference between a tough boss and a bully. Part of our many responsibilities is to help coach and protect employees while discerning what type of problem you are really dealing with. If a person acts without malice we may just have a tough boss. If a person acts with malice, we have a bully.
While conflict exists in the workplace, groups led by tough bosses work to resolve problems through respectful communication. A bully simply doesn't care!
Posted by Celia Couture on Thu, Jan 28, 2010 @ 11:26 AM
The folowing article is taken from a book I recently read entitled,
Goals by Gary Ruan Blair. The book highlights many leadership tips, but this particular article asks us to think about leadership and Failure. If you have an opportunity, this book should be part of your management libray.
Welcome Failure
"The dreaded "F" word - failure - is so important yet so misunderstood. The key to understanding how to succeed rests on knowing a thing or two about the importance of failure.
Failure is both the "teacher's pet" and the "black sheep" of the family of success!
People are naive about the benefits of failure. Wrongly founded assumptions about failure replace potentially accurate assessments of what is necessary to achieve success.
Failure has an ulterior motive - not to get you to quit, but to stop you long enough so that you may learn something, re-strategize and re-launch again more prepared for success.
Success cannot exist without failure as failure is part of the steering mechanism that drives you to success. Learn to expect failure - welcome it, as your denial of this reality can and will have huge negative effects.
Anything worthwhile is worth pursuing, even though the risk is huge, the investment formidable, and failure a possibility.
FAILURE is an essential part of the combination required to open the lock on success.
FAILURE measures your personal investment in this goal - it is a test of character, commitment and courage.
FAILURE lobs an occasional grenade at success, failure asks for your resignation letter, it goads and prods you into quitting, but success hangs in the balance.
We all live a life of close calls, belly flops, and missed opportunities. Your persistence in the face of failure and set back is a measure of your belief in yourself and your goal.
Knowing when to say when is also important. The message this time could be to say "Uncle" and move on to something else. An occasional step back to regroup and reload can, and often does, position you for several more steps forward."
Posted by Celia Couture on Mon, Jan 25, 2010 @ 10:47 AM
Every morning, I receive an email from HRMorning.com. This is a great resource for those of us supporting HR activity for companies or for managers looking for tips to make their leadership style more effective. I came across this article doing some research for a harrassment program I'm preparing and I came across these two case studies that were just TOO unbelievable not to share. Sometimes, it is wise for managers to learn
Some of the most expensive discrimination cases against employers in the last year resulted from managers who said the wrong thing at the wrong time - remarks that carried more weight than even the best documentation.
Good documentation is always crucial. But two cases in particular underscore the idea that managers need to be aware that what they say really does matter - and could become part of damaging testimony in court.
Case: Marcus et al. v. PQ Corp.
Total damages paid by employer: $6.2 million
The details: Two employees, ages 61 and 57, got laid off by a Pennsylvania chemical manufacturer. The two dragged the employer into court and charged they'd been targeted because of their age.
The company's case had a solid foundation. Funding for the two positions had been eliminated, and so there was a strict financial reason - and no discriminatory basis - for the layoff. The ex-employees argued that the company had manipulated salary budgets so that the older employees would be the first to go.
It looked like a stalemate - which is generally good for a defendant employer - until the the court heard testimony that one manager remarked that the company needed "to get rid of some of these old farts." And another manager had told the two laid-off employees that company needed more "young blood."
Those remarks ended up being the tipping point in a ruling for the employees - that the company had "willfully" discriminated.
Case: Blount v. Stroud
Total damages paid by employer: $3.3 million
The details: During an investigation of workplace discrimination, an African-American female employee who had no involvement in the case stepped forward to present her observation as a witness to the alleged discrimination. After that case was settled, the woman who spoke up was fired.
She charged her firing was part of a pattern of discrimination and retaliation by the employer. The employer pointed to documented, less-than-stellar performance and behavior by the employee as the basis for letting her go. Normally, such documentation is a game-saver for an employer.
And it might have been for this employer, until the fired employee pointed to remarks by her managers after she spoke up during the investigation of the other case. Examples: One manager told the woman, "You don't know what you're up against." Another said the company could "cause you not to exist."
Hearing those remarks, the court ignored the documentation and found in favor of the fired employee.
Posted by Celia Couture on Wed, Dec 23, 2009 @ 12:43 AM
We all freak out at the thought of speaking in front of a group of people. No matter how practiced we are at delivering messages to large group, there is still this incredible anxiety that comes over you when you are standing in front of a group and all eyes are on you. It immediately means you are the expert and people are assembled just to listen to your message.
For some people, speaking in front of a group comes naturally, for others it can be a nightmare riddled with all kinds of disasters, but by keeping in mind a few key tips, you can make delivering a speech or presentation a much easier task.
- REMAIN CALM: I know easier said than done. No matter how many relaxation exercises I do...I'm still shaky when I get to the podium so I've learned that I need to find a way to get the audience on my side rooting for me. I typically, make sure I greet as many people as possible that are gathered to hear me speak. I try to engage in some conversation with them so that I can make reference to the conversation when I start my presentation. Nothing makes an audience or me calmer than having common ground. The more relaxed I appear, the more confident I sound and the influence I'll have over the audience.
- ARTICULATE: Nothing is worse than sitting in an audience and not being able to understand a speaker. Sometimes, when you are nervous you tend to keep your voice lower or you tend to mumble. If this happens you can lose your audience fairly quickly, so make sure you are careful about the words you choose for the subject. Don't use words that are obscure to your audience. Don't make understanding your point of view an intellectual exercise. Speak clearly so that you are understood.
- Show Enthusiasm: Can you imagine sitting through a presentation when the speaker is half asleep and not showing any passion for the subject matter. Part of your role as a speaker is to get the audience reved up to take action. That can't happen if you are lukewarm about your subject or you lack energy. If you want people to stand up and take notice, not resort to doodling or taking a cat nap, you HAVE to show enthusiasm and energy for your topic. If you can, make sure you use a wireless microphone so that you are not teathered to a podium. The closer you get to the audience, the more engaged they become in your topic.
Remember you are in the room because you ARE the expert. You've been given the role of presenter because you have something to offer that is new, different, controversial or interesting. Make the most of this time, enjoy it and have fun. The more you practice, the better you become and you will eventually turn the butterflies in to being able to relax!
Posted by Celia Couture on Thu, Dec 17, 2009 @ 07:41 AM
Working in a small company has its challenges. It means that you can't easily hide in a cubicle and get lost in "doing" your job and it means that you are very vulnerable to the scrutiny of everyone you work for and with daily. Even the small business is "family-owned" and operated you also face additional challenges, especially when the "decision-maker" is very vague. You can be marching successfully to the drum of one owner and be completely missing the boat with another. If you avoid one directive over another directive, you find yourself sandwiched in a "no-win" situation.
As employees who work with father and son teams or husband and wife teams of sibling teams, we need to ensure that we work hard to understand the protocols of the company and how to survive mixed messages or confusion over strategy and vision.
I work with many small companies, many of which are run by members of the family. Each has a box on the organizational chart, but rarely do any of them stay in their functional box. This action is certainly understandable as they each have a vested interest int he success of the company. Unfortunately, when you are caught in the middle of their disagreements then you may find yourself on the short-end of the stick.
Their are several factors leading to the challenge of working in this type of environment. How do you best survive the differing management and leadership styles and how to you secure your reporting relationship with each member of the family so you don't end up playing arbitrator for their indecision or for their mixed messages.
The following are tips I would encourage you to practice if you find yourself in a similar situation.
- Clarify reporting protocols. You need to know where the buck stops in terms of direction and action. This is especially true if you are working in a company with 50/50 percent ownership. You may report to one person on the organizational chart, but could very well be getting direction from the other. You can't win this battle so it is best to sit down and ask for clarification on how you are supposed to respond to mixed messages or differering strategies.
- Hold the family members responsible for developing communication paths that are clear. One of the greatest failures in small companies is that they underestimate the need for consistent and clear communication. They make the assumption that since the company is small that everyone understands the message. Regardless of size, employees need to know that the company has its compass set on a particular path. They need to feel comfortable that everyone agrees with the path and are supporting the direction. If you are not getting the kind of clarification you need, it is your responsibility to ask for clarification.
- Ask for accountability metrics. Small companies oftentimes miss the need to establish identifiable goals and metrics. Employees are sometimes left to figure out what they are being held accountable for as a function of their job, but accountability standards are far more complex. Small companies must develop a mechanism to talk about performance and performance expectations. If you are not sure HOW you are being measured then it is up to you to ask for clarification.
If you are an employee in a small company, you must have the attitude that you are "part" of the family and that your success depends upon the success of the company. You need to ask yourself if you can be dedicated enough to the companies success to work "outside" of your box. In doing so, you may find that you have a very satisfying experience.
Posted by Celia Couture on Tue, Sep 08, 2009 @ 08:59 AM
No matter where you are in an organization, at some point you are going to have to face the reality that you need to speak in front of other people. Books have been written about the topic and many of us have been involved in many classes. Suzanne Bates has talked about how presenting yourself with confidence and skill can make a huge difference in how you are perceived as a leader.
For many of us, presenting in general causes our stomachs to hurt and sleepness nights. Others of us find presenting invigorating and influencial. How do you begin to make the switch so that you are seen as confident and prepared. Here are some quick tips to help you on your journey toward delivering a better presentation.
- Express Enthusiasm. Nothing is worse than a speaker who simply drones on without any emotion. The more energized and excited you are about your topic the greater the likelihood that your audience will find you engaging and interesting. Be physical in the environment. Use the whole space and make eye contact. Make it a point to meet your audience before you start speaking. Those friendly "hellos" act as an ice-breaker and gives you common ground with members of your audience.
- Speak Clearly. Sometimes when we're nervous we have a tendency to swallow words. Audiences become very frustrated if they can't understand what a speaker is saying. Practice out-loud, use a tape recorder so that you know how you sound. Practice difficult words if you have too! By speaking out loud you eliminate hearing the words for the first time in front of a live audience. The more you practice, the easier it will be when the actual presentation takes place.
- Know your topic. It is so much easier to present information to a group when you really understand your topic, can draw from experience or can quote other experts. The information becomes more powerful and you become more powerful as an expert in the field. Study your topic. Don't simply wing-it. Audiences are very good at spotting an unprepared speaker or presenter. If you don't know the anwer to a question--be honest. Get back to the audience with an answer once you've had the time to research the correct response.
- Speak slowly and Watch Tempo. We've all been to presentations when the speaker races through the material and you are left wondering what you were supposed to get from the presentation. Ideas are lost if you speak too fast. Remember your audience is hearling the information for the first time. You have been living with the subject for a while.
Posted by Celia Couture on Tue, Aug 18, 2009 @ 09:12 AM
Recently, President Obama has faced a deluge of "angry" people who don't feel his health care initiatives fill the void. No this isn't going to be a blog about health care reform, but it is going to be a blog about communication and communication spin. If you've closely watched the news and the media, the administration and the democratic leadership have spent most of last week clarifying what's in the health-care reform bill and what isn't. The one thing that everyone can agree upon is that there is a great deal of confusion on how to interpret what is being proposed. As a result of the confusion, the President's approval ratings over the past few weeks have suddenly taken a down turn.
What I want to focus on is the importance that communication should play in the delivery of any important change. Oftentimes, leaders take for granted that their own constituents (their employees) will be able to fill-in the gaps and understand what the new idea means and how it will affect them and their customers. We need to recognize as leaders that most ideas and thoughts about strategic moves for a company are decided upon well before it it introduced to the "implementors" in companies. Leaders have already debated direction, strategy and goals and have finally settled on a plan for moving the company in a new direction.
So what goes wrong? Most often, the ingredients are missing that help employees fill in the blanks. Employees did not have the benefit of working through a strategic move. They don't have the background that led to the decision so they need to go through the same processing that the executives have undoubtedly gone threw months earlier. We sometimes forget how long it takes for the appropriate strategy to be set to kick-start a good idea. Consequently, we need to ensure that our communication plan includes time to build in questions and answers as well as the reasons for why certain decisions have been made. We need to ensure that everyone that receives the message understands the message so that they can articulate the meaning framing it in the appropriate light so that employees can wrap their arms around what and how they are going to produce what they are being asked to produce.
The spin-doctors in Washington are great at picking up on ambiguity and making that ambiguity a detriment or a positive for government. We need to make sure that we don't leave room for "spin-doctors" in our own organizations. Eliminate the ambiguity and you eliminate the rumor-mill and you eliminate the cost associated with communicating multiple times on the same subject.