Strategic HR Lawyer

Nothing kills a human resources career more easily than loose lips. Many employees are wary of discussing matters with the human resources department to begin with. Still, all one has to do is betray the trust of another and word will spread like wild fire throughout the organization.

What’s the human resources professional to do?

• Make absolutely sure that the employee or manager you are speaking with knows your role, particularly when it comes to confidentiality. If there is any chance that you will have to disclose the contents of the conversation, make sure the other party knows of your obligations.
• Do not promise what you cannot deliver.
• Do not gossip with others.
• You can go to lunch and socialize with others but be careful of the perception that you might create. Unfortunately, you are in human resources. People will judge you whether you like it or not.
• Be extremely careful and work every day to establish a reputation of trustworthiness and integrity.
  

Posted By Diane Pfadenhauer In HR Strategy | Permalink

No one will advocate for employees as well as the HR professional. This is one of the areas in which you can shine.

When employees are being treated poorly, open your mouth.

When an employee is being unnecessarily favored, open your mouth.

When a decision is being made by management that adversely affects an employee or a group of employees, step up and open your mouth.

All human resources professionals want to have the opportunity to sit at the table as a member of senior management. If you do, don’t be like some of the others and shy away from advocating for employees because you think that you have to come across as a business person. It is your job to have the employees’ backs. Be proud and stand up for them.

Posted By Diane Pfadenhauer In HR Strategy | Permalink

Workplace investigations concerning conduct that is graphically sexual in nature or concern such topics as child pornography, for instance, often require a strong stomach. They can be awkward, embarrassing or just plain sickening. An investigator who does not have the stomach to ask direct and, at times, what could be perceived as disgusting and shocking questions, should not conduct the investigation. In addition, witnesses must be present with the allegations clearly and specifically.

For a variety of nonsensical reasons, some organizations choose to be deliberately vague when confronting a witness. It is not at all uncommon, sadly, for organizations to hear from an employee that she was told inappropriate statements by another employee. Rather than confronting the accused with the specific statements alleged and the identity of the individual who brought the complaint forward, the organizations merely calls the accused on the carpet, reports that he/she said something “bad” and admonishes him not to do it again. Any inquiry regarding the details is brushed aside under the guise of confidentiality. Unless there is a fear of retaliation or harm to the complainant (which there should not be with the appropriate policies and systems in place), this type of conduct does nothing to promote an opportunity to resolve workplace issues and provide a learning opportunity for employees to correct their own behavior.

For more, see my book:  Workplace Investigations: Discrimination & Harassment

Posted By Diane Pfadenhauer In Workplace Investigations | Permalink

Many of us obtained our degrees years ago – mine when human resources was called “Personnel.” Many others don’t have formal training in either human resources or business. Worse yet, many haven’t been in a classroom of any kind in years.

Why should you get a related degree, advanced degree or obtain your human resources certification?

• If you have not been to school in a while it will broaden your horizons in an exhaustingly amazing way.
• Your children will respect you more.
• Your co-workers and employees will respect you more.
• Your confidence will explode!

If you have a degree, start working on another. It’s good for you.

If you are worried about whether you should obtain certification or a degree, then do both. It doesn’t matter how old you are.

If it costs too much money, think about how and whether you are willing to invest in yourself or how committed you are to your career in human resources. If you still think you do not have the resources, take a course, even if it is free.

Posted By Diane Pfadenhauer In HR Strategy | Permalink

Everything you do and that comes from your department better be perfect - completely perfect. If it’s not perfect you will destroy your credibility.

If another department makes a mistake or handles something inartfully or, worse yet, completely blunders, that’s one thing. It is another matter entirely when human resources is sloppy. You are perceived as messing with people’s lives and affecting them on a personal level.

• Don’t make a mistake with their insurance enrollment.
• Don’t make a mistake with their pay.
• Don’t make a mistake with their performance appraisal.
• Don’t give a manager a list that is incorrect.
  

One of the most difficult issues for me to get human resources practitioners to understand is rather simple – your files are everything. Yup. Your files. If you can’t go to a file, find it complete, organized and accurate, no one will believe anything else you do or tell them. Yet, this is the area that human resources practitioners resist because file maintenance is viewed as demeaning clerical work.

Do you think the accounts receivable and billing departments view files as unimportant? Not on your life.

In addition to perfection in administration always remember that your foundational knowledge is only there to be applied to performing work better, or solving problems. In other words, at work knowledge isn’t valued for knowledge itself. It’s only valued for what it enables you to do. Everyone expects that you will know and understand the latest laws, theories, and practices. If you don’t know them, get on it. If you do, apply them with grace and style!

Posted By Diane Pfadenhauer In HR Strategy | Permalink

There are still employees who think that human resources resides in an ivory tower. Look at your surroundings.

• Do you have a gate keeper that greets employees before they can see you?
• Does your organization have so many employee self-help tools that the standard answer is “go to the website?”
• Do you have doors and windows that separate you from the masses?
• Do you spend the entire day in your office without seeing employees other than those you work with? That’s like the technology manager not seeing computers.

When you communicate with people, speak in their business language and when discussing human resources practices, speak in a language that they can understand. Are your job descriptions position competency profiles, role success profiles, job descriptions, or task expectation profiles?

Just as lawyers and doctors are criticized for speaking in languages no one understands, so too are human resources professionals.

Posted By Diane Pfadenhauer In HR Strategy | Permalink

Witnesses always explain themselves with descriptive terms.  Does the investigator understand the descriptive words used by a witness?  Is the investigator’s definition of “gross” the same as someone else’s?  This typically occurs, not surprisingly, when there is an accusation and alcohol is involved.  Witnesses describe conduct in terms of others being drunk or inebriated.  Obviously the truth is influenced by the witness’s own consumption of alcohol and his/her perspective on what it means to be drunk.  In one example, an angry customer complained that staff was routinely imbibing in too much alcohol at client functions.  The witness described staff as drunk and disorderly.  Relying on statements made by the customer, management sought to immediately discipline the employees accused.  Upon further investigation, it was apparent that the angry customer, herself, consumed as much alcohol as the accused employees.  By focusing on the amount consumed by each of them, their behavior, confirming with other witnesses, rather than drawing conclusions helped the investigator draw the right conclusions.

Instead of relying on such vague descriptors from a witness, the investigator needs to be sure he/she understands what witness said and what he/she is talking about.  He should reconfirm his understanding of what was said by the witness without putting words in the witness’ mouth.  This will help to avoid reaching erroneous conclusions and helps to avoid reaching conclusions too soon in an investigation.

For more, see my book:  Workplace Investigations: Discrimination & Harassment

Posted By Diane Pfadenhauer In Workplace Investigations | Permalink

Human resources is the keeper of policies not the owner of policies. This is an area where I have particularly strong views and these have always served me well.  For example, it’s really OK to ask for input on policies.  The more you do, the less likely you will be perceived as shoving them down the throats of your management and employees.  The less you own them and the more everyone owns them, the more they are credible and perceived as fair.

Having said that, however, I also believe (and you should too) that anyone that is drafting or disseminating a policy that applies to your employees needs to involve human resources.  This includes, for example, your finance department, your legal department and your information technology department.  Why?

• human resources has a system of communicating information to employees, they don’t
• human resources is responsible for drafting and communicating policies in a manner that reflects the tone and culture of the organization
• Human resources is the repository of all things people. Having policies developed and maintained in different areas of the company only serves to confuse people.
• The lawyers will advise that it’s better that they be in one place to ensure that they are disseminated effectively and consistently.

How many times has the human resources department had to chase managers or employees down to collect completed forms, training and the like?  This typically occurs for a variety of reasons:

• Your forms are not valued.  In other words… “there’s nothing in them for me.”
• The tone and spirit is offensive, bossy or demeaning.
• They are intrusive – There must be an easier way to do it.

The human resources professional must ensure that the rules, procedures and forms they create provide value to management and employees.  If they don’t the human resources department will be in a constant battle with its constituents.  Rid yourself of what is unnecessary and create joint ownership of your systems.  It will make life a lot easier. 

Posted By Diane Pfadenhauer In HR Strategy | Permalink

Somewhere along the way long after the investigation is complete, the question will be raised regarding who was interviewed and why. Like a television crime show, questions will surface about mysterious witnesses who were not questioned. Obviously, hindsight helps to bring clarity. One of the most important jobs of an investigator after finding the facts is to be able to explain why he did what he did at all points in the investigation. In other words, why were certain individuals selected to be interviewed and others were not? The interviewed should always ask, “who should I speak with that knows more about….?” Always ask who can corroborate statements that the witness has made. The interviewer should avoid cutting corners because he/she thinks a witness is trustworthy or that another lacks credibility. Seek not only to corroborate but also to disprove statements or claims made. In addition, be sure to review and understand documentation which can help corroborate statements or claims made. If documentary evidence is technical in nature, the investigator will need to demonstrate that he/she understands it?

For more, see my book:  Workplace Investigations: Discrimination & Harassment

Posted By Diane Pfadenhauer In Workplace Investigations | Permalink

Managers aren’t the only ones that refer to the human resources department as “they.” Employees not only view them in similar fashion but often perceive that the human resources department has omnipotent powers. They think rules come from human resources. Human resources is often the disseminator of policies, procedures and, unfortunately, is tagged with responsibility for their creation.

Little does the rest of the world know that human resources in many organizations has very little power. Among the management team, human resources often feels like a step-child. It is called in after the fact to sweep up after an employee relations matter has been handled. It is called in after the fact to clean up the bodies after a mass layoff.

If it imperative that the human resources professional develop a reputation of genuinely caring for employees. The way to do this is, again, baby steps.

Instead of sending the employee with a sick child to the benefit carrier’s website, help him personally. Now I know what you are thinking: Employees are irresponsible and expect everyone to do things for them. Did it ever occur to you that this employee could be overwhelmed? Many years ago, there was an employee in my company whose husband had been out of work as the result of a workers’ compensation injury for some time. She was working as many hours as she could to make ends meet. It was near the holidays I gave her a card in which I had tucked some cash. She tossed the card in her bag and did not open it until she had gotten home. She cried. It was twenty-five dollars. It could have been one dollar or a thousand dollars. The impact on her was that she realized that someone had been watching and someone cared.

Instead of hiding behind memos to disseminate policy, have meetings – particularly when its bad news. If you have to implement a policy or change that no one will like, stand up and deliver the news with conviction, especially if it’s the right thing to do. You will be respected immeasurably for it.

Posted By Diane Pfadenhauer In HR Strategy | Permalink