Blog Articles And Comments


P3 Compliance and Constructing Policies That Hold Up in Court

The Department of Labor tells us they are overwhelmed, understaffed and shifting additional burden to employers for employment law compliance. This can be a great deal for the average employer to undertake.  HRS has taken some time to prepare a quick “how to” blueprint for employers.

P3, also called “Plan/Prevent/Protect” or “P Cubed,” will require every entity covered by the FLSA, OSHA, OFCCP, and MSHA to make written plans ("Plan"), create processes ("Prevent"), and test the processes with designated compliance employees ("Protect").

The following guidelines create a simplified and sustainable P3 protocol:

 

1. Stay On Top of Changing Laws.

Review not only government postings, but also secure a 3rd party compliance expert as needed and for annual overview.  Our “overwhelmed” government states outright there is no government responsibility to educate employers.  Enforcement is their responsibility, however, and fundraising is high.  Case precedent law is just as impactful here as statutory law.  While it is necessary to be a member of the Bar to litigate or serve as “officer of the court,” it is not necessary to be a member of the Bar to be a legal compliance expert.  Full-time research commitment is essential for such expertise. 

2. Avoid Copycat or Adaptation of Other Employers’ Handbooks.

Beyond the immediate intellectual property law threats, other employers are not recognized as experts.  “Because Company X Did It” is not a reasonable defense. There are some terribly non-compliant practices circulating out there like “old wives’ tales.” Even policies that actually work for one company may not work for yours.

3. Build Legal Arguments from Day One.

Maintain records to prove either experts consulted on or approved your policies… or if self-constructed… save expert resources and statutory evidence as future “reasonable care” affirmative defense.  Use scenario planning to create and document activities which defend the company against complaint. “Willful violations” pose the greatest threat.  Negligence and lack of attention can be considered “willful” acts.

4. Protect Chain of Information.

Knowing what to keep and for how long as well as what not to keep are essential. Knowing who can have access and how to use this information without breaching privacy laws or risking discriminatory complaint are equally essential. 

5. Follow Policy Outcomes.

With the overuse of “cookie cutter” policies, many companies are unaware that better policy options exist.  Regardless of genesis for your policy, track outcomes to ensure it is working for you and not creating adverse impact or unlawful side effects.  Designate specific individuals with reasonable ongoing access, and empower them with job description authority to monitor policy success.

 

HRS offers extraordinary legal compliance expertise, P3 design services and further information on any topic herein. Consider an HR certification audit as proactive P3 compliance. ROI is exponential.


Jessica Ollenburg - Monday, January 23, 2012

 

Comments are welcome!  

 





Employer Choices Concerning Concealed Carry Act… To Ban or Not to Ban

Private businesses and employers in 12 states to most recently include Wisconsin are faced with the decision to allow concealed weapons carry on company premises. The argument against banning weapons lies largely in the statistics and in the liability. The argument for banning weapons lies largely in perception of safety and in the ability to attract, retain and engage a productive workforce comprised of people unaccustomed to concealed weapons carry and its perceived threats.

Legal counsel and insurance underwriters are largely recommending employer silence on this issue. Silence allows lawful carry without interference. The US Library of Congress reports crime reduction in every state enacting Concealed Carry. Violent crimes are reduced 5-22%. The most popularly referenced FBI report utilizes a 7% reduction statistic.

As a global firm, we have had the opportunity to work with many states across the nation prior to Wisconsin’s recent Concealed Carry enactment. With a second hub in AZ and service to the Scottsdale Chamber’s Public Policy Advisory Council, we are no strangers to public weapons carry and private business rights to “Opt Out.”

Wisconsin employers are inundating us with questions, and we are pleased to provide an extraordinary knowledge base here. At the time of this report, the state of Wisconsin is not protecting employers from liability if choosing “weapon free zones.”  Specifically, if an individual is harmed because he or she was not allowed to carry weapon per lawful right, the company can be held liable. Additionally, it is argued that the posting of “no weapons” signs specifically attracts crime similar to a resident posting a sign “not monitored by security system.”

The argument for banning weapons lies largely in the perception of safety and records of specific incidents. While statistically it is argued that crime is reduced by arming law abiding citizens, the fact remains that with concealed carry acts, individuals who shouldn’t be licensed still manage to get licensed. It is also evident that individuals use poor judgment in what constitutes “self defense,” improperly trained individuals gain access to weapons and accidents happen. What stings in minds are images of Columbine, Virginia Tech, “going postal” and a wealth of related tragedies. For many these images outweigh statistical probabilities and facts. Most are not aware of this report… among 25,000 2009 murders, less than 1% were committed by concealed carry permit holders. 
 
Businesses which allow concealed carry on their property are immune from liability arising from that decision. Employers who choose to allow concealed carry without interference will adapt by removing policies and handbook language which prohibit the carry of weapons on premises.  However, we recommend substituting this language with the requirement that weapons must be lawful and licensed.

Employers who choose to “opt out” will create a “weapon free zone.” Employers may choose to prohibit concealed carry during work activities, and if they do so, then language must be modified and signs must be posted.   The sign must:

• Be at least 5 inches by 7 inches.
• State that concealed or open firearms are prohibited in the building or on the premises.
• Specify the area to which the prohibition applies.
• Be placed in a prominent place near all of the entrances to the part of the building to which the restriction applies or near all probable access points to the grounds or land to which the restriction applies, as applicable, where any individual entering the building, grounds, or land can be reasonably expected to see the sign. 
• Businesses should consider the universal “no” symbol of a circle around a picture of a firearm with a slash across the middle of the circle, indicating that firearms are prohibited.

 
An employer may not prohibit an employee, as a condition of employment, from carrying a concealed weapon in the employee’s own motor vehicle, even if the employee uses his or her vehicle in the course of employment or if the motor vehicle is on company grounds. Some employers are creating a policy that vehicles containing weapons on company premises must remain locked at all times.

HRS is active in helping craft and/or review employee handbook policies on this matter.  For those who wish to “opt out,” the sample “Weapons Ban” policy to follow is one of the alternatives available.  Customization may be expected. 

 

Weapons Ban Policy Sample

The company complies fully with all applicable federal, state and local laws to include the Concealed Carry Act. Weapons and firearms of any type are strictly prohibited within company premises at all times.  Company premise includes property owned, leased or controlled by the company.  Company premises also include anywhere that company business is conducted, such as customer locations, vendor/associate locations, trade shows, restaurants or any venue visited for the purpose of business. Weapons include, but are not limited to, guns, knives or swords with blades over four inches in length, explosives, and any chemical whose purpose is to cause harm to another person.
 
Regardless of whether an employee possesses a concealed weapons permit or is allowed by law to possess a weapon, weapons are prohibited on any company property or in any location in which the employee represents the company for business purposes, including those listed above.

Possession of a weapon can only be specifically authorized by a company officer to allow security personnel or a trained employee to have a weapon on company property when this possession is determined necessary to secure the safety and security of company employees. Only a company officer may authorize the carrying of or use of a weapon within company premises. Any violation of this policy or federal, state or local laws which relate to weapons shall also result in immediate discipline up to and including termination.


Jessica Ollenburg - Thursday, December 01, 2011

 

Comments are welcome!  

 





Writing Job Descriptions for Legal Compliance and Organizational Development Results

Templates exist for best practices job descriptions.  Some templates hit the mark and others fall short.  Our article outlines the minimum goals to be attained by job description creation as well as some helpful guidelines to writing a custom description.  Rarely can an organization pull a job description "off the shelf" from another organization and apply it without essential modification.  Consider a job description model only a starting point and invest the effort into customizing the instrument to your organization and your unique job.  The exercise of doing so offers value in itself. 

For starters, let us explore the goals.  A strong job description will...

  • Serve as an effective tool for employee selection and orientation to specific position duties and evaluation criteria.
  • Establish a training checklist for new hires or incumbent job changes.
  • Provide a point-by-point quality of work itemization for performance appraisals and ongoing performance management.
  • Document position goals and performance standards.
  • Protect the firm from legal risks through written documentation of position requirements.  Establish ADA, FLSA and EEOC compliance.
  • Benchmark the position for accurate compensation scale review.
  • Facilitate a merit-based compensation system by clearly identifying distinguishing characteristics between positions and position levels.
  • Communicate recruitment parameters to safeguard the hiring process.
  • Effectively distribute workload among team members to ensure organizational “right sizing.”
  • Manage legal risks in employment law by comprehensively documenting the position requirements and performance requirements.
  • Allow team members to measure their own performances between formal performance appraisals.
  • Establish individual accountability.
  • Internally market the position to each relevant team member through controlled terminology and quick communication of the “keys to success” in the position.
  • Enhance training and thereby minimize relevant turnover.
  • Validate the need for pre-employment testing/screening toward legal risk management.
  • Protect team members not selected for promotion from failure to understand selection decisions.  Protect the company from challenged decisions.
  • Assist supervisors with the performance appraisal system by providing written reminders of the goals and expectations actually communicated to the team members.

 

Job Analysis should involve both incumbent employees and their supervisors.  Not only should the tasks and position goals be documented, but in crafting and weighting such considerations, the keys to success and risks of failure should also be considered.  The consideration and the documentation of facts are two different things.  The final product will be edited and filtered for content and purpose. As an example, we document what an employee is responsible to do to avert problems, but we do not necessarily document the potential problems themselves.

Typical categories of information include Job Title, Immediate Supervisor, FLSA Status, Mission/Summary, Essential Tasks & Responsibilities, Supervisory Responsibility, Job Requirements, Working Conditions, Physical Demands, Skills & Learning Goals, and Disclaimer of Management Ability to Modify.  Some descriptions may include Department, Pay Grade, Work Hours, Location/Site Travel and more.

When crafting language, measurable benchmarks must be present to ensure the standards are meaningful and reliable.  Legally compliant language is essential to ensure compliance and perception of compliance at every stage of employment.  Desirable behaviors should be documented in detailed description.  While some label behaviors as"soft skills," successful leadership recognizes that behaviors drive results often more than skills do.  Behaviors need to be measured both on the job and at pre-employment assessment.  The HRS Assessment Center supports just that! Owning a characteristic is not as important at appropriately deploying that characteristic when it counts.  In order to pay a bill, one needs not only to have the money but also to write the check.

Job analysis questionnaires, sample job descriptions, outsource assistance and more information are available from HRS.  We wish you great success with your project!

 

  

 


Jessica Ollenburg - Monday, September 26, 2011

 

Comments are welcome!  

 





2011’s Most Important Organizational Communication Lessons

2011 finds employers in eclectic places, damaged by recent economic impact, confused by new legal mandates, often acclimating to corporate restructure, balancing technology’s influence and typically cautiously optimistic in a mode of strategic change… some finding great new opportunity as the dust settles. Organizational communication, both internal and external, is substantially impacted by these adjustments. The keys to success are keen skill sets in organizational communications, companywide, often at employer burden of training. The following are the 5 most commonly missed opportunities to succeed and a brief resolution theory.

1. Compliant Communications:

Anti-Harassment, HIPAA, social media and intellectual property are just a few critical learning topics of employer responsibility.  While it is true employers are not always responsible to actually control human behavior, reasonable care in training, policy establishment and enforcement are essential to company success, affirmative defense and risk management.
 

2. Cost-Benefit Analysis:

Employers are found over-communicating and under-communicating change to the point that the cost of communication is disproportionate, upward or downward, to the actual benefit of the change.  Consider the costs of employee communication including preparation, costs of miscommunication and time away from work when developing the communication rollout plan.  Calculate the anticipated benefits, and weigh accordingly for your blueprint.
 

3. Lopsided Sales Cycles:

In the effort to find the best price point or value, employers are demanding staunch sales cycles from prospective providers.  More than ever we see 3+ proposals sought for a 3 or small 4 figure acquisition…too much.  If you want to find the best value, treat your “vendors” as “partners,” keeping in mind their costs become your costs.   Find ways to help your providers keep their costs down.  Don’t sloppily force information repeats, listen carefully, streamline correspondence and be creative.  Prices are prices. Bullying is not negotiating. Together you can build collaborative strength.
 

4. E-mail Versus Traditional Communication:

Rules exist for communication media choice.  Know them and train them.  E-mail is the least invasive, most easily queued at convenient times and facilitates immediate documentation. Live discussion with or without body language, however, can be more efficient for transactional type exchange. Videoconference is a growing option.  Without proper training as to when each should be deployed, debates emerge as to the media choice, further contaminating topic discussion.
  

5. Blameshifting:

With fear of job security alive and well, elaborate schemes are being plotted and deployed to “save one’s skin.” Sadly, the individual who best plots and conceals usually wins, and here the company loses.  The blameshifting target was usually too busy actually working and owning workplace integrity to have won this nasty unproductive game.  When a team member “blames” a vendor or another employee, please investigate and monitor.  Your team members should be rewarded to help company stakeholders do a better job.  Those willing to throw another “under a bus” are far less valuable to you than those working toward greater good.
 

Communication is the means of knowledge transfer and collaboration toward unified goal.   When it is compromised, so are profit, growth, risk management and sustainability. Further detailed analysis and solutions on any topic herein are available through HRS.


Jessica Ollenburg - Tuesday, June 14, 2011

 

Comments are welcome!  

 





Candidate Screening by Video Technology Reveals Mixed Success

As global talent assessment experts, HRS has spent many years researching success of video technology use in screening.  We’ve reviewed dozens of platforms and learned from thousands of employers.  Recently, with the continued emergence of videoconferencing use in business, video skills gain importance.  However, screening platforms are still showing flaws.

The first major flaw lies in the difference between skills just being on camera as opposed to actually “addressing” the camera.  These two skills have little or no correlation between them.  Addressing a known audience can be far more comfortable than addressing an unknown (camera) and vice versa.  Even the company’s sales reps appear “frozen” and ill at ease in certain platform demos.   Videoconferencing typically allows the visibility of and interaction with an audience, a different dynamic altogether. As a regular speaker, I find it infinitely easier to “come alive” with dynamics when I have an engaged and participative audience.  A flat, unresponsive audience is a challenge, and often a burden, to an educator.  Entertainers sometimes enjoy that challenge, yet entertainers and educators are two different characters.  Consider the actual video skills requirements of the job, and align the screening dynamic with the job’s parameters.

The second major flaw lies in the platform’s validation.  Some platforms align with the proven concept that the best interviewers often are those who have the most practice. Sales and substance are two different concepts, and for many, these are sadly mutually exclusive.  We researched several platforms which have specifically positioned themselves to major market employers whose keys to success lie in turnover versus employee retention. Not all organizations are talent based. In fact, many large organizations rely upon “plug and play” capabilities which create sustainability without reliance upon specific talent.  The important takeaway here is to find a platform which aligns with your corporate goals for talent lifecycle. You may adopt more than one platform if you do not find an integrated solution.
 
The third major flaw is legal compliance.  While the federal and state governments are mandating appropriate timing to potentially discriminatory data collection, inappropriately deployed video screening can heighten risks of noncompliance.  Structure a program consistent, compliant and true to the job description for best protection. These are the same risks discussed in our teachings on social media use in screening.

The fourth major flaw lies in BFOQ test of reason.  Unless a bona fide occupational qualification (BFOQ) is prominent, the screening technique is at risk.  If video skills are not necessary to the job description, do not consider video skills in the screening.  How people present in person, in writing, via telephone and via camera are all unique characteristics independent of one another.

HRS has pioneered telework principles and use of global technology for decades.  We understand the benefits and the risks. Many technology options are available, appropriate to individual job requirements.  Video may or may not be the solution, and please adopt the platform which truly represents your best interests.  We use video technology often… but selectively according to the actual job requirements and career path lifecycle.  Detailed research is available from HRS.

 


Jessica Ollenburg - Tuesday, June 14, 2011

 

Comments are welcome!  

 





Sensitivity Creates Results In Business… Don’t Misinterpret It

Old school culture teaches us to toughen up, be impersonal and stay objective.  All of these behaviors remain critical to business success provided we do not overlook the value of passion, deep analysis, empathy and unwillingness to fail.  These are characteristics of sensitivity.

The team member who overanalyzes, scrutinizes intention, predicts behavior and takes it personally can be the team member who serves as a predictive bloodhound for business problems and who goes the extra mile to get results.  Lack of sensitivity often leads to lack of creativity, mediocre effort and lack of foresight. Resilience is key to sustainability.  The hypersensitive can be extraordinarily resilient. Coping with sensitivity requires enormous strength. 

In the popular de Bono Six Hats Thinking model, four of our six problem solving hats require sensitivity, “gut” reaction and emotional posture.  Understanding perspective of others is recognized as a key concept to negotiation, leadership, motivation, customer service, sales and comprehensive business communications.  Your company’s performance feedback system needs to appropriately value these organizational toolsets.

The next time a member of your team misinterprets sensitivity as a business weakness, set them straight.  Success is a longshot without it.


Jessica Ollenburg - Sunday, February 27, 2011

 

Comments are welcome!  

 





Is the Boss at Fault for the Blame-Shifters?

Blame-shifting in an organization is typically a barrier rather than a conduit to problem solving.  Playing “Where’s Waldo?” with blame or finger pointing to another target can be effective diversions strategically deployed by those afraid to accept the blame.  Often, unwillingness to accept blame can be a character dimension based on intrinsic motivation and longstanding experience.  In other cases, unwillingness to accept blame is situationally dependent based upon immediate leadership and company behavior.  The following 3 steps are a quick assessment and blueprint to resolution.

1. Objectively evaluate the company’s role in behavior modification.  Has leadership at all levels properly rewarded truth, or are employees afraid to admit their roles in an obvious problem?  Problems are opportunities and risks create inventive greatness.  Has the company paved the road to quality without jeopardizing the road to problem solving?

2. Which employees are most likely to shift blame?  Is it by department or reporting relationship? Is it individual or company-wide? Patterns are clues to the motivation behind blame-shifting.

3. While blame-shifting is in itself unacceptable, remember that those unwilling to accept blame are afraid to be wrong or at fault. These can also be powerful motivators to positive productivity, something to be salvaged. Teach employees that accepting ownership in a problem is the first step to being the problem solver.  Transformation may follow.
 
At the end of the day, we are likely to find a combination of variables attributing to the blame-shifting.  Some good information is likely to result, so keep listening.  Personality types of both leaders and those being led contribute to the dynamic.  At the end of the day, however, it is the boss’s job to create an environment which applauds ownership, truth and lifelong learning.

 


Jessica Ollenburg - Tuesday, January 11, 2011

 

Comments are welcome!  

 





Employment Law Compliance: 6 Steps to Risk Management

1.Stay Informed via Reputable Experts

There is no acceptable plea of ignorance.  Laws are constantly changing and it is the employer’s responsibility to stay on top of it.  Government sites are improving, but state and federal governments often do not accept responsibility for creating clear communications via websites.  The courts look to reasonable care and actual workplace outcomes; however, complaints can be costly. Secure a source of compliance updates reasonably considered compliance “experts.”

2. Choose the Right Expert Source

Subrogate liability: find an expert willing to “take the fall” and back you. Compliance experts need not be legal counsel as long as they remain committed to advanced legal studies and ongoing compliance research.  HRS has proven it possible to attain 100% success in avoiding legal argument when compliance is deployed at the proactive stage. Reasonable care and due diligence are key. If you determine to use legal counsel as your “experts” and they have pulled you into the fire only to bill you going in and coming out, find new legal counsel or find an alternative remedy.  Insurance brokerages, payroll partners, TPAs and other HR related vendors offer valuable templates and perks for their customers.  Most, however, do not profess themselves as “experts” and non-compliant information potentially coming from them is on your plate, not theirs.  Several of these firms are proven to circulate bad information because it’s just not their problem. If you grab a tax advice flyer at the grocery store, you shall be challenged in holding the store accountable for bad information.  Several HR industry vendors hire HRS and other accredited experts to provide deeper quality risk management for clients. 

3. Reject Cookie Cutter Advice

Compliance is more about judgment than templates.  Non-profits can be a great source of templates and education; however, by the nature of being non-profits, they are ineligible to advocate for any individual client and can only serve the “membership as a whole.” Although we’ve caught one or two professing themselves in the “management consulting” field, please know this is categorically impossible. Take their information as one component of your research and adapt it to your company’s unique variables.  Call upon experts who can bring widespread case studies where you prefer assistance. There are some valuable non-profits, they can be highly beneficial; however, they cannot be a “one stop shop” for your compliance needs.  

4. Document Policies and Incidents

Do not let deniability work against you.   The courts look for evidence and reasonable care in forms of currently compliant employee handbooks, related documentation and proof of receipt.  For top risk management, an employer needs to prove the employee knew what was expected, received no confusing/contradictory messages, was capable of meeting expectations, knew the consequences of failure and chose to fail.  Consistency of enforcement without discrimination is critical.  Incident reports, valid job descriptions and clear compliant performance appraisals are each contributory toolsets.   Legal postings must be up to date and accessible to employees.  (Flat annual fee poster services can be a great partner here.) Maintenance and access to employee files must be controlled on a “need to know” basis according to HIPAA, EEOC, DOL, GINA and countless other emerging and ever-changing standards.  Consider a voluntary compliance review for risk management and to build “affirmative defense” through reasonable care.  Non-profits are ineligible by status to protect individual members/customers, so please do not deploy a non-profit organization in this capacity.

5. Train, Train, Train

Enforce a culture of lifelong learning and properly train employees not only in operations procedures but also in legal compliance to include anti-harassment, risk management, liability aversion, documentation and diversity.  While the employer is not ultimately expected to control each and every workplace action, the employer is held accountable to “reasonable care.”  Proper training averts risks, and the act of training builds “affirmative defense.”  Training by 3rd party experts brings additional reasonable care and promotes exceptional questions and learning. Remember most people are not classroom learners and bear learning threshold of 2.5 hours typicalmaximum.  Consider kinesthetic learning bullets. (Hint and shameless plug: contact HRS!)

6. Stay Current and Prepare for Change

The employer who has been non-compliant and has “never had a problem” is probably due.  Granted those employers are probably not taking the time to read this, invulnerability is a myth. Everyone is vulnerable.  Don’t waive it off. The government is fundraising.  Many people would rather fundraise than work.  Some lawyers are fundraising.  Insurance companies, like any businesses, will protect their interests.  It is your responsibility to protect your own interests as an employer.  Stay up to date with regular compliance reviews for practices and policies. The right 3rd party expert partnership is excellent “reasonable care.” Secure updates and review for compliance regularly. 


Please contact HRS for more information regarding answer desk, compliance review, handbook services, kinesthetic learning bullets to include anti-harassment, referrals to HR partners who rely upon actual experts and other risk management reasonable care programs.


Jessica Ollenburg - Thursday, December 16, 2010

 

Comments are welcome!  

 





Social Media Etiquette & Tips

For most, social media is no more complex than any social or communications event.  Many find it easier.  All rules of kindness, diplomacy, message, audience and delivery apply.  Used properly, social media can teach, make you laugh, improve social skills, reconnect with long lost friends, find a job, grow a business, explore new cultures, build relationships, enhance wellness, save time and save money.  It is not only a “real life” but can also enrich your life and enhance productivity. As with everything in this world, not everyone “gets it.”  It is a complete myth that you don’t have time for social media.  Used well, social media creates more time in your busy day.  Used improperly, the same facets to life can be adversely impacted. 

We recently addressed this topic at Loyola University, and it has become popular at our own newly emerging facebook page. The following guidelines are offered to ensure getting the best outcomes from the social media experience.  These are relevant to both users and to employer training in proper etiquette. 

5 Rules to Getting the Best Out of Social Media…

Rule #1 – Be discrete and filter your comments.  Remember it is the world wide web, and privacy controls are not 100% effective.
Rule #2 – Learn and use the privacy controls.  They help substantially.  Understand privacy limitations and the licensing you authorize by using a certain site.  It’s very easy to protect your privacy but only if you invest the 5-10 minutes necessary to research and apply knowledge.
Rule #3 – Research the topics, guidelines, options and expectations to a certain site before you participate.  These are available at each site and differ from one site to the next.  Knowing helps you select the right forum and keeps your experience on track.
Rule #4 – Understand that each social media site or application is a business in itself, creating jobs with need for compensation and need for sustainability, job security and hopefully job growth.  It is easy to anticipate what will happen next if you understand the objectives.   
Rule #5 - Apply the “golden rule” at all times.  "Do unto others as you would have them do unto you." Kindness and courtesy are expected.  Respect others’ privacy.  Stick to the site’s guidelines and respect how others’ use the site if within guidelines.  Avoid or be careful with controversial subjects including but not limited to politics, religion and sexual innuendo.

Do Not Insult or Attack

When you befriend or connect with someone, you imply a social contract of mutual respect and courtesy.  Negative energy is now out of bounds.  Insulting and attacking your friends in social media not only results in the insult/attack itself, but it catches them with guard down and in a highly public forum.  Re-read your comments to ensure they are not misinterpreted.  Trust shall be difficult if not impossible to recover.  Delete, recant or apologize if something gets by that you regret or did not intend.  Understand that de-friending can be an insult.  Should you de-friend someone due to corporate policy, tell them why to avoid insult.

Control Privacy for Yourself and Others

Remind yourself constantly that it is the Internet, as we all forget from time to time in the comfort of it all.  If you don’t want everyone to know, don’t post it.  Without full use of privacy controls, social media posts are likely to land at or around the #1 ranked page for you or others on the Internet.  Search engines can then link to employer, family, schools, charitable causes, other people and organizations.  Guide yourself accordingly. Privacy controls are extremely but not entirely effective.  Every individual has a right to privacy… controlling the perspective of his or her employer, family, neighbor, banker, pastor and any other stakeholder who can form a bias or purport action based upon social media. 
You are legally responsible for any damages incurred by others due to your actions… on line, in person and through any form of media.  Without specific permission, any information, name reference or pictures/videos of others are both illegal and unethical.  This concept is by no means limited to social media… but social media can have immediate widespread distribution.  While a site will protect itself through disclaimer, you are still responsible and can be sued for damages when tagging or posting photos, videos or content.  Create notifiers or prohibit altogether others’ ability to post/tag photos of you. 
Don’t be intimidated by these potential problems, but don’t take unnecessary risk either.   We don’t stop crossing the street because there is traffic, but we learn to look both ways beforehand and we learn to not push others into a vehicle’s path.

Observe Topic Boundaries and Avoid Frequent Complaint

While you cannot create change without stirring the pot at least a little, constant complaining and negativity will hurt your relationships and ability to succeed with audience and credibility.  Additionally, respect how others use the social media site.  Embrace differences.  Keep politics, religion, negativity and all controversy off of sites not specifically targeting to those topics.  Keep business on business sites, personal on personal sites; stick to specific topics and/or causes in their respective forums.   Avoid crossing boundaries.  Universal charitable causes are typically welcome in any general forum … just don’t wear out their welcome. 

Follow the Money for Answers

Nothing in this world is completely “free,” and this is no exception.  Each of these sites is costly to develop and operate.  Advertisers, membership fees and specific application/gaming fees are popular revenue sources.  Ownership of content, development, features control and level of advertising is dictated, of course, by the sponsors of these platforms.  Arguments are emerging regarding free vs. paid membership.  You may wish to entirely avoid sites pretending to be entirely free, as you are likely to expose yourself to spammers, malware and/or sale of your personal info.  We’d rather know who is getting paid while safeguarding our systems and privacy. 

Choosing a Social Media Forum

The primary consideration to site choice is the intended use.  The first choice is “business” or “personal.”  It is easiest and safest to draw a line between the two, although great advantage can be realized by those who learn to successfully mix the two.  It is essential to know and adhere to topic boundaries at each site.  Blindsiding others with topics they don’t want will create failure.  With appropriate judgment deployed, random and creative banter can be the most interesting, desirable and memorable content you deliver.  A little consideration goes a long way. 
We use each of the following for different reasons, audience and with different approach/expectations.  The writers herein have no affiliation with any social media site or vendor.  While this white paper is complimentary, our business interest is ongoing education and consultation with companies.  One of many hot topics right now surrounds social media.  Our firm encourages employers to address social media, creating policies and encouraging practices which protect everyone’s interest, company-wide.  

facebook
Originally targeted to college students, then high school students, facebook is intended to reconnect or maintain connections otherwise difficult to manage in a busy world.  No longer strictly by invitation, features have been changed, removed and added over time.  Not originally part of the fabric, businesses are now present, primarily as advertisers to consumers.  This site is used for personal relationship building, socialization, reconnecting, reciprocity, a sense of community and meeting new people through gaming, common interest and mutual friends.    Age range is unlimited and multi-generational.  Social sites such as facebook can provide a forum for busy productive people to enjoy positive energy, wellness and socialization without abandoning a productive life.  As with everything, abuse is of course alive and well.

LinkedIn
Used entirely with a professional business focus, LinkedIn also began building by invitation only.  LinkedIn is designed for business promotion, professional networking, job search, discussion forum and to use business “connections” as a toolset.  Specific connections are visible or invisible to others as a matter of individual strategy and privacy setting.  Currently both paid and unpaid memberships exist.  The extent to which you post on LinkedIn is directly proportionate and related to your professional position.  Additionally offering opportunity to showcase company websites, blogs, publications and twitter accounts, LinkedIn currently holds more than 60 million registered users in more than 200 countries.

Twitter
Used for both personal and business purposes, Twitter ignores relationship building and succeeds or fails based entirely on the quality and keywords of information.  “Tweets” are text-based posts of up to 140 characters delivered to “followers.”  Account holders can “lock” their timeline for privacy to only followers with some but not entire privacy.  Without such lock, a “tweet” can immediately find itself the #1 ranked item by search engine for the author.  Re-tweet exposure can be substantial.  Twitter offers both facebook and LinkedIn interfaces.
Blogs (Weblogs), Discussion Boards, Forums and More
Endless and constantly emerging/disappearing, the Internet is full of opportunity to comment, blog, post, vote, upload and express yourself.  Each individual site is likely to offer description of topic, questions controlled by the site or existing discussion threads to follow.  Choose accordingly and stick to the format for the site.  Each will likely offer legal disclaimer and instructions.  Read them and comply. 

What You Should Post/Not Post

Ask 10 people and you shall receive 10 different answers.  This is a draw for most social media users and an advantage to the concept. The differences between the posts of one and another users is a matter of among others… personality and timing.  Witty banter that insults no one is always welcome.  Do not expect to interest everyone with a post and do not expect to be interested with every post you see.  Attempt to avoid repetition.  What would you say at a party?  Who is your audience?  Same considerations apply.   Be yourself at your best whenever you can.  Sites will typically provide discussion forums, content, games and/or applications that are good points of exchange.   Most social media is not about the conversation but rather a more brief exchange of ideas.   Chime in only as you wish.  Sound judgment will help you.  If people are interested, they will typically let you know.  If not, find something else to say or a new room/time to say it.

Boundaries:  Business vs. Personal

Actively mixing business and personal relationships is always a risk and warrants consideration and boundaries.  Social media is no exception.  The ability to successfully mix the two, however,  can be your greatest advantage. What if your boss, client or investor befriends you on a social site?  This problem is largely solved by rule #1.  If you are concerned about its visibility, do not post it on the world wide web.  While it is extremely beneficial to use privacy controls and selection rules, again these are not entirely effective.

Preparing for and Handling Abuse or Disagreement

The rules for social media are the same as for any communication, in person, written, electronic, or telephone.  One great thing about social media is that you can more easily avoid, delay or rehearse your response.  Use these opportunities to ensure your message is exactly how you want it before it is out there.  When you build quality relationships through social media, you have also likely improved or practiced certain aspects to in-person social skills as well. Be nice, don’t attack or insult.  On the Internet as in all phases of life, communicate with the assumption there are no bad people, just bad acts.  Social media should not be anti-social.  It will work best for you if you stick with positive energy.  Be careful approaching controversy.  It is controversial because people disagree passionately.  You will undoubtedly insult and aggravate at least some of your friends… so be prepared for the fallout.  People disagree on how to “keep it light” and as always, “teasing” and thoughtless communications are inconsequential to some, the “end of the world” for others, and somewhere in between for everyone else.  Controversial communication creates conflict including disagreement on severity, how to interpret and how to handle.  Be nice and remove the point of conflict. 

Social Gaming Etiquette

Gamers provide a great deal of revenue to social sites, and their contributions to subsidizing everyone’s use should be respected.  At current time, facebook gaming posts are extremely easy to hide if you do not wish to see them.  A simple hover and click on the hide button (currently immediately to the right of the post) will hide every post to an entire application.  Therefore, etiquette between gamers is more essential for discussion. 

Gamers - please consider that your gaming friends have little or no opportunity to hide your individual posts without hiding you or the game altogether.  Peppering the feed with low value posts impedes another’s ability to find the posts actually necessary to gameplay.  Additionally, monopolizing the feed with items of little or no value/interest to others creates the same social impact as monopolizing a conversation.  Often, less is more… and quality here typically outweighs quantity.   

Game developers – remove the temptation to destroy gaming experience by removing the options to do so.  Consider controls on frequency and volume of such posts per user. We know you need to promote your game, but you probably wish to keep gamers playing, too, right?

Social Applications, Groups, Polls and Gifts

These items can be great “ice breakers” and turnkey socialization tools.  With these items you can reach out to someone without other consideration as to what to say.  What users rarely consider is the extent to which profile information is accessed and shared with undisclosed recipients.  Consideration should also be given to system performance when these applications are allowed, as they may be running in the background while not visibly in use.   It is typically quite easy to de-authorize these applications when no longer desired.   It is important to read the disclaimers before using these applications, and it is important to courteously understand why someone may not accept your gift or invitation.  This decline is not an indictment of friendship gesture but rather a de-selection of the system performance impact invited by the application.   Choose applications carefully, enjoy those you choose, respect others’ rights to choose for themselves, and remember… nothing is free.
 
Please visit AskHRS.com or contact HRS for employer tips in creating social media policies to include anti-harassment and intellectual property risk management.  

 

 


Jessica Ollenburg - Monday, November 22, 2010

 

Comments are welcome!  

 





“If I’m a Self-Starter, Why Aren’t You?”... Team Members High in Initiative are Challenged as Coaches

Until we learn otherwise, we tend to believe others think and behave as we do. Sometimes that learning comes with a thunderbolt and leaves us with our “jaw on the ground.” Pillared on more than 30 years experience in leadership coaching to a wealth of Fortune-rated and emerging employers alike, this evidence does not falter. Consequently, it is easy to conclude that common sense does not actually exist. Coaching requires understanding motivation, capability and learning style. Without these, the ability to transform is challenged.

If you ask a self-starter why he or she is a self-starter, you shall often encounter uncertainty. According to Bob Galvin, retired Motorola chairman, self-starters and leaders can be spotted by age 14. Being a self-starter derives from intrinsic motivation (coming from within), not nearly as easily influenced as extrinsic motivation (impacted by external variables). Self-starters rarely understand those who are not self-starters, and most individuals are not self-starters. This lack of understanding creates a barrier to audience adaptation and coaching effectiveness.

Employers tend to promote top performers, usually self-starters, to leadership roles. These promotions often occur for the wrong reasons. A self-starter with the right leadership training can lead by example and deploy certain tactics, yet he or she can be challenged in ability to understand and coach those without intrinsic motivation. Leadership is a lifelong learning commitment. Without learning and adaptation to new audiences, we stunt company growth and can only hire a small percentage of the available applicant pool.

Those who study leadership recognize leadership is not a natural progression, but rather a distinctive and precise skillset. Many self-starters are completely disinterested in coaching; however, they accept the role as a title award and advancement strategy. Self-starters are often admittedly more interested in managing processes than people. Employers who create advancement ladders not necessarily tied to supervision are able to truly gauge commitment to coaching and creating transformation. Self-starters often view themselves as self-transformed and therefore may not be inclined to transform others. A supervisor, trainer or coach who fails to create transformation also fails to provide betterment to employee productivity. If the employees are not better for the supervisor’s impact, why is the supervisor retained? Assuming the talent acquisition process is doing its job, successful coaching creates transformation and improves workplace productivity through improved employee performance.

By its very definition, extrinsic motivation is volatile, affected by the employer. Motivation is, in its simplest terms, a reason. Understanding what transformed you to improved performance is a valuable toolset to transforming others. This means looking beyond intrinsic motivation. Those who were “transformed” can be highly influential and motivational success stories for others.

HRS deploys these validated studies in globally recognized assessment and kinesthetic coaching programs, serving employers in more than 100 countries plus world respected academic and certification institutions. Programs are augmented through learning style surveys having earned more than 3000 global responses to date. Typical program methodology includes leadership assessment to pinpoint coaching style, transactional/transformational effectivess and learning opportunities. This analysis is most frequently followed by audience adaptive kinesthetic workshops proven highly successful in transforming leaders, entry through CEO and BOD, into transformational coaches. Please visit AskHRS.com for more information regarding learning survey findings, validation studies, leadership assessment and kinesthetic workshop offerings.


Jessica Ollenburg - Thursday, October 15, 2009

 

Comments are welcome!