As a mother of a three year old, I rarely get out to the theaters to see an adult movie. In fact, if one were to review my ticket stubs they would find The Princess and the Frog and How to Train a Dragon (in 3D of course)! On occasion, my husband and I get a movie date night at home. Given that part of my job at Midwest Staffing Group Inc. is consulting with clients about avoiding legal risks in terminating employees, Up in the Air was a natural choice for a rare movie night.

In case you haven't seen it, the movie's about Ryan Bingham, a character played by George Clooney. Bingham is a professional outside terminator who travels around the US letting employees go. He spends the majority of his time in airports and remote US cities while earning frequent traveler perks. All of this changes when Natalie a recent college grad, played by played by Anna Kendrick joins the company. She has an idea to decrease extensive travel costs by doing terminations by video. She's assigned to go on an in-person tour with Bingham to see how terminating is done live, to improve her video product.

Throughout the movie, we see numerous firing scenes where some employees cry, others are angry and others are shocked. In my experience in HR, this is quite true to life. Overall, the movies about more than the painful duty of ending someone's job, it focuses on the “human aspect” of the termination. For nearly all companies, termination is still very much a part of their business. Up in the Air highlights not only the legal but the human risks associated with terminating employees. The movie reminds us of some key aspects to keep in mind when terminating an employee:

1. Pre-termination Planning- ensure you are aware of the risks before hiring and throughout the course of employment.
2. Begin before Hiring- Employment applications should provide an opportunity for applicants to fully disclose their past work history and reserve the right to terminate an employee for falsifying information. Secondly, the standards for working at your company should be made clear during the interviewing process and upon hire to avoid any surprises. Lastly, your employee handbook should have language that clearly states your companies at will employment policy. If the position requires a written employment contract, ensure that it is appropriate for the position.
3. Decision to terminate- If a manager decides that an employee should be terminated, this decision should be reviewed by at least one person before the final decision is made. The review should look at all of the facts leading up to the decision along with a review of the employees file.
4. Letting the employee know- Telling an employee they are terminated is never an easy job as the movie demonstrated. Usually the employee’s manager and a HR representative will attend the meeting. The meeting should be prepared for in advance and focus on the facts including the decision to terminate, reasons supporting the decision, the date the decision is in effect, review COBRA and any other relevant separation information, a review of any non-competes, policies on references, and informing the employee who they can contact with any issues.
5. After the termination- the employer should prepare a brief explanation about why the employee is no longer with the organization to avoid rumors. Any reference requests should be dealt with in accordance to your organizations policies and procedures.
6. Be aware of the legal challenges- An employer should be aware of several legal challenges with terminations including but not limited to contractual claims, tort claims, claims of constructive discharge, and claims based on federal state and local legislation. Prior to the termination, the employer should have reviewed the termination case for any red flags that might arise with the termination.

As in the movie, terminating an employee is never a simple task and it’s something that every manager and HR professional should take seriously. While it’s important to follow the steps in the process, I have also learned that it’s just as important to not remove the “human” out of human resources and be aware you are dealing with a person, not just a number.

Social media networking sites provide a great opportunity for organizations for marketing, employee engagement and recruiting efforts. Employee’s are “tweeting”, updating statuses on facebook and even “be-friending” their peers. However, with the reward does come at a risk. How high the risk depends largely on the plans and policies in place to address the risk. If your company doesn’t currently have a social networking policy, read on to discover why it’s an important risk management tool!

Whether or not you currently use social media for personal or professional purposes, it is increasing in popularity within organizations. Many individuals and companies that utilize Twitter or other social media websites want public recognition with the intention of attracting followers, fans, etc. The risk that is involved is monitoring what employee’s say, how they say it and when they say it to ensure your business is properly represented.

As I mentioned earlier, where there is risk, there is also reward. The social media arena is no different. To help manage risk, companies should provide a brief written policy about company expectations regarding social media usage. This might complement an already-existing policy on e-mail and Internet communications. Even if you’re not currently using social media tools for business reasons, you still should put together policy about employees’ personal use. If a company ignores the impact of online social networks, the company’s silence might cause confusion amongst the employee’s.

As you are reviewing your policies, below are some factors to keep in mind:

1. Company approval is required for authors who use electronic resources of the company to send tweets, status updates or other public messages.
2. Any messages that might act as the “voice” or position of the company must be approved by the company.
3. Any message posted to a personal networking sites regarding job related content or about the company should require the employee to identify themselves as an employee of your company and use a disclaimer and make it clear that these views are not reflective of the views of your company. “The opinions expressed on this site are my own and do not necessarily represent the views of (insert your company name).”
4. Any identification of the author, including usernames, pictures/logos, or “profile” web pages, should not use logos, trademarks, or other intellectual property of the company, without approval of the company.
5. Written messages are, or can become, public. Use common sense when sharing messages.
6. The personal use of social networking web sites must not interfere with working time.

In addition to the policy itself, experts recommend having a brief policy statement outlining corporate philosophy on social media. The policy should specify sites or tools encompassed by the statement, who is permitted to use them and for what purposes, restrictions on usage and the consequences of infractions. As with any new policies, employees should sign an acknowledgment of receipt and understanding when the policy is released.

It’s clear that social media is becoming a more important part of how businesses operate. To avoid problems, employers need to set clear boundaries that depend on the corporate culture, the work environment and the industry. If you would like more information on how to utilize social media networking or on implementing a social networking policy, please contact your local Midwest Staffing Group Business Development Specialist.

Do your employees routinely come to you with complaints about each other and expect that you will resolve it? If so, it may be time to for a change! By telling them to deal with interpersonal conflicts on their own before they come to you, you have more time to focus on your work; and you help them develop the ability to handle conflict.

Managers who rush to resolve employee’s conflicts sometimes assume that problem solving calls for a top-down approach. As a manager, you can assert your authority by refusing to let them unload their conflicts on you unless they have attempted to work it out on their own. In addition, if you consistently confront one employee with another’s complaints, you’ll be seen as “taking sides” and creates the perception of bias.

Coaching employees to solve their own problems will initially take more time and energy than handling the conflict yourself. However, in the long term, you’ll create a work environment where conflict management is seen as everyone’s obligation, not just the manager’s job. Below are a few tips to get you started:

1. Don’t put your employees’ “urgent” issues at the top of your priority list. As a manager you may find yourself spending too much time dealing with issues that are urgent but not important. If you’ve allowed yourself to get drawn into employee problems, making a change may take some work but will eventually reduce the “urgent” problems dropped in your lap.
2. Train employees in conflict-resolution skills. By beginning with a self-assessment for each employee, you will allow them to better understand their own conflict-management styles and the pros and cons of using a particular style.
3. Communicate clear expectations. If employees are trained in conflict management and required to follow a specific course of action when conflicts arise among team members you will deal with less employee issues. If the policy is that managers should not be involved in refereeing petty disagreements, the team will be less likely to involve them.
4. Set specific guidelines. In some organizations, that standard procedure is that if an employee’s behavior is creating a problem within a team, the team is expected to work it out without involving the manager. If this is unsuccessful, the manager can be brought in to make a decision.
5. Remind employees to focus on behaviors, not personalities. Remind employees to focus on the other person’s behavior and the consequences of that behavior—not on personalities or subjective judgments.
6. Have an open-door policy—and stick to it. Let employees know that you’re still available to coach them on how to work through specific situations. For example, if they are having s specific problem, you could follow-up meeting to discuss how things are going for the employee. Employees also need to know that if they try and fail to resolve a conflict, you’re available for follow-up guidance.
7. Know where to draw the line. Clearly communicate that management must always be notified and involved in certain types of conflicts, especially where there are indications of physical violence, harassment, theft, or illegal substance use or possession. Your employees should never be expected to confront violations of the law or to enforce company policy without management’s knowledge.

While it’s impossible to create an atmosphere free of conflict, it is not impossible to enable your employees to learn valuable workplace skills such as conflict management. And bonus: you might just reclaim and protect your own time.

With summer right around the corner, many companies are considering whether or not an internship program is something that would be valuable for their organization. Your company might even be in a similar situation! The U.S. Department of Labor (DOL) has released a new set of standards to help employers determine whether interns must be paid the minimum wage and overtime under the Fair Labor Standards Act (FLSA) for their services. The standards apply only to those interns working for “for-profit” private sector employers. The term “employ” is loosely defined and most internships in the “for-profit” private sector are viewed as employment vs. training. Therefore, the interns should be classified in private sector employers as employee’s and would be subject to at least the minimum wage and overtime compensation for work that exceeds 40 hours per week.

While most internships in the private sector are subject to minimum wage requirements, the Supreme Court has held that the FLSA definition of work cannot be interpreted so as to make a person whose work serves only his or her own interest an employee of another who provides aid or instruction. This may apply to interns who receive training for their own educational benefit if the training meets certain criteria.

The DOL fact sheet provides a list of six criteria that must be applied when determining whether an internship should be considered training rather than employment:

1. The internship, even though it includes actual operation of the facilities of the employer, is similar to training that would be given in an educational environment.
2. The internship experience is for the benefit of the intern.
3. The intern does not displace regular employees but works under close supervision of staff.
4. The employer that provides the training derives no immediate advantage from the activities of the intern and on occasion its operations might be impeded.
5. The intern is not necessarily entitled to a job at the conclusion of the internship.
6. The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

If all of these factors apply, an employment relationship does not exist under the FLSA and the law’s minimum wage and overtime provisions do not apply to the intern.

If your organization is interested in implementing an internship program this summer and you would like more information on FLSA standards, please contact your local staffing office. Midwest Staffing Group offers options for internships in addition to our standard temporary and direct placement staffing solutions!

Finally, experts advise that because of the variety of laws and legal issues that might arise, internship programs should be reviewed by counsel prior to implementation.

The DOL plans to continue reviewing the need for additional guidance on internships in the public and nonprofit sectors. For additional information, visit the DOL’s wage and hour division web site or call the agency’s toll-free information and helpline, 1-866-4USWAGE (1-866-487-9243).

Employee engagement is becoming top priority for many employers; in last month’s article we discussed the importance for businesses to understand the level of engagement of its workforce. An engaged workforce is a key driver to increase productivity, innovation and to maintain a competitive advantage. Although regularly measuring employee engagement through surveys is an important component to understand job satisfaction, there is a lot more management can do on a daily basis. The 'Employee Turnover and Retention' study by the CIPD, groups the reasons as to why many employees choose to resign into two distinctive groups:

The 'Pull' Factor: Sometimes it is the attraction of a new job or the prospect of a period outside the workforce which 'pulls' them.

The 'Push' Factor: On other occasions they are 'pushed' (due to dissatisfaction in their present jobs) to seek alternative employment.

Line manager’s who foster a “poor relationship” with employees can be a push factor behind an employee’s decision to leave their job. Often times, a poor relationship with a manager is hard to define, but a thorough exit interview is a step in the right direction in identifying potential issues. A recent study by Henley Business School highlighted factors employees identified as a way a line manager can affect engagement:

1. By fostering a participative, facilitative and empowering management style - not controlling or micro-managing
2. By being approachable, available and open and willing to share thoughts and feelings
3. By giving ongoing, constructive, open, direct and timely feedback
4. By working with honesty, authenticity and competence

Organizations should also examine ways to support line managers in engaging their employee’s. This might include setting engagement-based targets for management which are linked to rewards, team goals and team rewards. According to the same study, a lack of training, development and career opportunities were also major reasons why many employees resigned from their jobs. More companies are now implementing a workforce management approach as part of a strategy to help them identify unutilized skills within the company and the best ways to develop them. A workforce management strategy of fully utilizing skills is of particular importance in the current economy with many businesses running lean.

Organizations that view employee engagement as an ongoing process rather than a once a year survey are sure to see a more productive workforce! Midwest Staffing Group has a team of dedicated HR professionals that are ready to assist your organization in evaluating and implementing a comprehensive workforce management strategy through a variety of programs including line manager training, diagnostic survey’s and a variety of other methods! Contact your local branch office for more information about how we can assist your organization reach your strategic workforce goals.

Does your organization have a concern about the impact that the long recession has had on employee morale and engagement? Are you wondering how your current work force is holding up and if there’s anything you could do to improve the environment? As many organizations may have put off hiring to make up for revenue lost they have also turned to their current workforce to boost productivity, work longer hours and to take on additional responsibility.

In addition to increased workloads, remaining employees might have to deal with additional measures such as salary freezes, furloughs, reduced retirement and health benefits. Many organizations have also conducted layoffs at least once over the course of the recession which also impacts employee morale.

As employers are asking their employee’s to do more with less, it is essential that employer’s understand the level of engagement of their employee’s to ensure top performance. Employee engagement can be measured through various measures, but perhaps one of the more effective ways is through an employee engagement survey. Midwest Staffing group conducts annual engagement survey’s and selects actionable items to improve for the next year. We have an experienced HR team that is dedicated to assisting our client’s measure and improve their employee engagement levels! Feel free to contact our HR department to discover how we might be able to assist your organization.

If you wish to develop your own, Gallop has created 12 basic questions to discover engagement levels. This is a great starting point to help you develop your own survey! http://www.workforce.com

After you have developed your questions, one tool that helps measure morale is a web-based survey application called "Survey Monkey". Organizations can customize the surveys to meet their needs on a variety of topics and use it to supplement the objectives of larger strategic initiatives. Measuring employee engagement levels is a great first step to improving a work environment; just ensure your organization is ready to address what it uncovers!

Congress and the President have extended and expanded the COBRA premium subsidy which will allow more individuals to take advantage of federal assistance. The new legislation is part of the Department of Defense Appropriations Act, 2010 which extends the COBRA subsidy’s eligibility period for two months and extends the maximum duration of the federal assistance from nine months to 15 months. Employers will be required to provide additional notification to qualifying employees of regarding their rights under the Act.

At this point, the Department of Labor (DOL) has not provided a sample of the additional notice required under the provision. However, the new provision does require additional notices describing the new 15-month premium subsidy and other amendments. It will be important for all employers’s to stay up to date regarding the new notices and any sample’s issued by the DOL. Notices should be sent to all assistance-eligible individuals who are on COBRA on or after November 1, 2009, or whose qualifying event is a termination of employment occurring on or after that date.

Credit/Refund Processes for COBRA Subsidy Extension

Credit and refund procedures will be necessary to accommodate assistance-eligible individuals (AEIs) who paid more than the required 35 percent COBRA premium since the enactment of the subsidy extension. We recommend working closely with your benefits department to ensure participants receive the proper refund and that the amount your organization paid out is reimbursed through a premium reduction through a payroll tax credit. As always, Midwest Staffing Group is available as a resource and will keep your organization updated on any critical changes!

The current "job market recession" you may be wondering how you evaluate someone who's been unemployed or underemployed for the past few years. How do you evaluate their outdated histories, likelihood to succeed and overall cultural fit?

Keep in mind that the same basic principles used in evaluating candidates five years ago will remain fairly similar to those that should be used in today’s job market. Employers should focus on four main factors when evaluating candidates: longevity, career progression, technical skills/education, and personality match/employer compatibility. Candidates should be asked questions in the following categories to evaluate the individual’s ability to match the four key criteria.

Tell me about the reasons for leaving your current and past employers.

Attempt to differentiate between layoffs and times when the candidate made their own moves. In cases of layoffs, ask: How many people were laid off at the same time? How many people survived the cut, and how were they selected? How many waves of layoffs did you survive before you were let go?

Walk me through your progression with your current company, leading me up to what you do now on a day-to-day basis (if they are unemployed use the past employer as an example).

How have you had to reinvent your job in light of your company's changing needs? What makes you stand out among your peers?

From a technical standpoint, on a scale of 1 to 10, how close a fit are you for this particular position based on your understanding of the skills and responsibilities involved?

Why are you an ___? What would make you a 10?

At what pace do you work?

How many hours a week do you find it necessary to work to get your job done? When it comes to giving constructive criticism, should your supervisor be sensitive in delivering bad news, or do you pride yourself on your thick skin? These questions can also be asked in a behavior-based format by following the question with the phrase, "Give me an example of a time when..." This will allow your candidates the opportunity to explain their initial answers in a real-life setting.

Questions for The 'Underemployed'

As high as the unemployment rate has been over the past few years, many companies still feel that it is a challenge to find strong candidates. The common belief is that "All the good ones are already working," inferring that the unemployed or underemployed were somehow not first in class.

One option when interviewing someone who is underemployed is to play “career counselor” role during the interview. This strategy gives you an opportunity to see show how creative and persistent they can be when faced with adversity. For example, ask recent MBA graduates, two years out of school and working only in temporary roles, "What has been your job search strategy since graduation and how many interviews have you landed? What kinds of corporations have you been focusing on, and how have you developed your leads?"

A less aggressive applicant might respond: "I’ve been searching the classifieds. At this point, I’m really just looking for a job.”

A strategic thinker who is motivated, might respond: "I've reached out to Grad school’s alumni group and introduced myself to100 alumni for networking. I then made a list of the top 25 corporations I would like to work for and I then sent my resume to the managers in all of those companies. Since then, I've generated more than 15 exploratory interviews over the past year, but unfortunately none has panned out." An answer like this indicates the candidate is interested in your “type” of organization and isn’t afraid to network. Both may be key items for the opening at your company! Next it's time to focus on why they’re not getting the jobs applied for: "You seem to know what you want. Why haven't you landed a full-time position yet?"

The following responses will probably make or break the interview:
"I don't know. (Not a strong answer)

The companies seem interested, in a few of cases, the funding never came through for the position. It's not that they didn't hire me; they couldn't hire anyone." (Good)

Over the past several months, there have been many releases from the Federal government regarding how to keep children, elderly adults, and those with weak immune systems healthy should there be a H1N1 or other flu pandemic outbreak. While these are all important topics to consider; there are also key items that employers must be aware of regarding the spread of the H1N1 virus in the work place. This article will focus on specific labor law issues and how to prepare your organization. For more detailed information and a FAQ section, please consult the government website: http://www.flu.gov/faq/workplace_questions

In addition to considering the government’s FAQ section, it is recommended that employers also should be guided by federal employment law, as well as their own employee handbooks, manuals, and contracts (including bargaining agreements), and any applicable state or local laws.

Seasonal Flu versus a Pandemic

The first issue to consider is if the outbreak is a seasonal flu or a pandemic. According to the Occupational Safety and Health Act (OSHA), a seasonal flu is a periodic outbreak of respiratory illness in the Fall and Winter in the United States. A pandemic refers to a worldwide outbreak of influenza spread from person to person. When there is a pandemic, the likelihood of infection increases as the virus spreads throughout the population; possibly without vaccinations.

Family Medical Leave Act

An employee who has a serious health condition or is required to provide care to a qualified family member with a serious health condition may be entitled to up to twelve weeks of continuous or intermittent leave under the FMLA. The 2009 revisions to the FMLA clarified that an employer’s normal time-off polices dictate who an employee reports their absence and whether that time off will be paid. Employers still retain the right to require a medical certification for the serious health condition of an employee or a qualified family member. Employers should review their policies now to ensure that their policies are written clearly and up-to-date before a pandemic flu outbreak.

Americans with Disability Act (ADA)

Recently, the EEOC issued guidance with respect to the ADA and the H1N1 flu. Under the ADA, an employer’s ability to inquire about an employee’s disability status is limited by when the employer makes the inquiry. It is recommended that employers review when it is permissible to make such inquiries. While employers are limited in their ability to make individual employee disability inquiries, the EEOC an employer may make broad, general inquires of its workforce. For example, an employer may ask its workforce whether certain conditions (such as school closing or reduced public transportation) will affect an employee’s ability to come to work.

The Fair Labor Standards Act

Employees who are not infected and are able to work may find that they must “fill-in” for absent, infected co-workers, In turn, they may find that their job descriptions are significantly altered. A change in a job description has implications for an employee’s exempt/non-exempt status and overtime compensation. Should there be an outbreak, employers may choose to allow certain categories of employees to telecommute. This is recommended by both OSHA and the CDC, but employers should be aware that it may impact measuring and tracking time worked for exempt employees and workplace safety/workers’ compensation issue. If a telecommuting option is to be implemented, consultation with a legal counsel is recommended to ensure compliance with FLSA/workers’ compensation.

Workers Compensation

Employees who face a greater risk for infection from a pandemic flu may be entitled to workers’ compensation for their medical expenses and lost wages if they contract the virus while on the job. While this may not impact all employers equally, those in the medical/health care field should consider the implications of increased claims.

There are a multitude of employment laws that Human Resource Professionals must consider regarding the issues posed by H1N1. A proactive approach is recommended in preparing to handle various scenarios that may result from a pandemic such as increased use (and possible abuses) of sick time, increased exposure to litigation, and new government regulations. Midwest Staffing has taken a pro-active approach and has an operational contingency plan in place should a pandemic outbreak take place. We are prepared to continue to service our clients to the best of our abilities under tough circumstances!

Lilly Ledbetter Fair Pay Act of 2009

The Lilly Ledbetter Fair Pay Act of 2009 is the first law signed by President Obama. The fair pay act overturns a 2007 U.S. Supreme Court decision, Ledbetter v. Good Year Tire & Rubber Co., which banned pay discrimination lawsuits filed more than 180 days after the first discriminatory paycheck was issued. The new law states that the statute of limitations resets as each discriminatory paycheck is issued.

Key Policy amendments include:

1. Changes statute of limitations - The Ledbetter Act makes the issuance of a paycheck a potential discriminatory action. The time clock is re-started each time an employee receives a paycheck and individuals are allowed to bring discrimination claims many years after an alleged act of discrimination occurred.
2. Expands the potential field of plaintiffs - The Ledbetter Act allows an employee who was discriminated against and other individuals who were “affected” by an act of pay discrimination, including spouses, children, close family members, to file suits over an employee’s pay.
3. Amends other civil rights statutes - The Ledbetter Act will extend the statute of limitations for filing claims for all protected classes of employment law, including gender, age, color, disability, race, religion and national origin.
4. Retroactive effective date - The Ledbetter Act takes effect as if enacted on May 28, 2007and applies to all pay discrimination claims pending on or after that date.

HR Policy Initiative

1. Improve Record Keeping - HR needs to immediately turn its attention to its recordkeeping not only for pay decisions but performance appraisals that affect pay and job classification decisions. Proper documentation is critical on a go-forward basis. A well-documented communication compensation philosophy should be defined, whether it is based on performance, length of service or cost-of-living adjustments. If the organization doesn’t have a compensation philosophy, they should consider adopting one now to decrease liability for future issues.
2. Audit the Past - If there are concerns about potential past compensation decisions, an audit of past actions regarding pay can be beneficial to deal with problems before they result in litigation.
3. Monitor Pay Policies - HR managers should continue to monitor pay policies and all performance management processes to decrease future problems. In addition, employers should not give any single person discretion to make decisions regarding compensation.
4. Review Record Retention Policies - Under the new law, a company could be sued at virtually any point regardless of how far in the past the action took place. It is wise to develop a solid record retention policy.
5. Train Managers - Ensure managers understand how to conduct fair and objective pay and performance evaluation with proper documentation. Continuing training that stresses the risks of poor pay-related decisions will help keep the issues at the front of manager’s minds.