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Volume 4, Issue 2             
Febuary 2004             

WORKPLACE ROMANCES: REALITY CHECK

Statistics indicate that as many as one out of four married couples meet at work — which means that an even greater percentage of eligible people are dating in the workplace.

As employers, we're obliged to make sure that one worker's interest in another doesn't interfere with their ability, or that of the people around them, to do their jobs. This concern is heightened if one of the parties is in a supervisory role or if there's a potential conflict of interest. Favoritism, as well as "quid pro quo" harassment, can come into play all too easily.

To help avoid the downside of romance in the workplace, follow these common sense guidelines:

  • When you find out that a workplace romance exists, acknowledge reality and don't engage in knee-jerk responses;
  • Let it be known that management won't tolerate sexual harassment and conflicts of interest;
  • If a romantic couple find themselves in a compromising position at work, you might have to restructure their jobs to reduce the concern. For example, you might need to change someone's supervisor or relocate them to another department;
  • Consider having the parties enter into a "love contract" that acknowledges the voluntary nature of the relationship and reminds them that there are avenues to state any complaints if the relationship turns sour;
  • Finally, if one employee in a romance complains about the other party, whether the relationship was once consensual or not, follow EEOC guidelines and do a prompt and through investigation.

TO COMMUNICATE, GESTICULATE!

Encouraging your staff to become more animated in their communications offers a simple yet effective way to increase positive interactions with those who matter the most to your success — your clients.

 

According to a study in the journal Psychological Science, using gestures while talking appears to enhance communications and reduce errors. Researchers put 26 children and 32 adults (who were observed to use gestures) through a five-step exercise: Solving math problems, memorizing a list of items, explaining how they solved the math problems, recalling the memorized items — and giving their explanations again without using hand gestures.

The researchers, led by University of Chicago psychology professor Susan Goldin, found that people who were allowed to gesticulate recalled an average of 20% more items than those who were not. According to researcher Dr. Howard Nussbaum, the purpose of making participants explain their math reasoning was to increase their cognitive load: The amount of work their brain had to do in addition to remembering the list of items. "These findings suggest that gesture reduces the cognitive load of explanation, freeing capacity that can be used on a memory task at the same time," said Nussbaum.

Free up brain capacity? Increase the ability to get details right? Sounds like a formula certain to reduce the types of errors related to the stresses of the ever-increasing pace of business today.

EQUAL EMPLOYMENT OPPORTUNITY:
CAN'T WE ALL JUST GET ALONG?

The Equal Employment Opportunity Commission (EEOC), which interprets anti-discrimination laws, offers a free mediation program that businesses can use to resolve complaints without an investigation or lawsuit. The program is voluntary and all parties must agree to take part. The mediation process is confidential. Neutral mediators provide the employer and charging party with the opportunity to reach a mutually agreeable solution.

If a charge filed against a company is eligible for mediation, the EEOC notifies the firm that it's eligible to take part in the program. If mediation doesn't succeed, the charge is referred for investigation. More information about the program can be found at http://www.eeoc.gov/mediate/index.html.

Note: There is always the concern about "letting the cat in the door." If you don't feel comfortable with the EEOC as mediator, look to a private mediator or to the American Arbitration Association: www.adr.org.

TOP SEVEN REASONS WHY MANAGERS DON'T FIRE POOR EMPLOYEES

If an employee quit today, would you be relieved or upset? And, if the former, why are they still on the job? We've heard managers offer these excuses:

  1. They didn't document poor performance.
  2. The previous supervisor gave the employee inflated ratings.
  3. They get no support for the termination decision.
  4. They don't want to be cast as the "villain."
  5. They're concerned about their personal safety or well being.
  6. They're afraid of dealing with the "The Union."
  7. They don't believe they can find a replacement in a timely fashion.

And now, to be fair, here are the …

TOP SEVEN EXCUSES YOU'LL HEAR FROM EMPLOYEES

Of course, employees rarely agree with the claim of poor performance. Here are some of the reasons they give:

  1. That's not my version of the story.
  2. I did what I was told to do.
  3. I didn't know because they didn't tell me what to do.
  4. The system went down, the dog ate my work, etc.
  5. Nobody ever complained before.
  6. I'm no different than other employees.
  7. The real reason you want to discipline or terminate me is because of my _______ ( age, ethnic origin, the fact that I complained, etc.).

Management will find these excuses being offered by supervisors and employees where there is poor assessment of talent, poor performance management and the emotional hesitancy to take responsibility for a failed relationship. All of course are no excuse for doing things the right way.

“Our greatness lies not so much in being able to remake the world … as in being able to remake ourselves.”

Mohandas (Mahatma) Gandhi,
1869-1948
Civil rights leader and statesman

This issue discusses:

We’ve also provided hyperlinks to a free Form of the Month.

LAYOFFS DON'T HAVE TO BE GRUELING

In today's tumultuous economy, layoffs seem inevitable. But businesses shouldn't make them any tougher than they have to be. Fortunately, federal and state governments offer help in complying with labor regulations concerning layoffs and aid for displaced workers.

The Worker Adjustment and Retraining Notification Act requires employers to give workers 60 days' notice before a mass layoff or plant closing. Some states also have plant closure laws. Businesses facing a potential layoff can contact their state dislocated worker unit for more information on notification requirements.

The U.S. Department of Labor's Employment and Training Administration (ETA) helps businesses that are downsizing or planning a business closure or layoff. ETA generally funds intermediaries or partners who provide services, usually through state dislocated worker offices, to help businesses manage the problems associated with layoffs — free of charge.

Studies show that layoffs can run more smoothly (well, as smoothly as possible, given the emotions attached to them) once workers know that the business owner or manager is concerned about their transition. For help and information, check out this link: http://www.doleta.gov/layoff/em ployers01.cfm.

CASES OF THE MONTH

Our legal staff offers this review of top cases that might affect your business.

(PDF) (WORD)

FORM OF THE MONTH:

Acknowledgment and Waiver Regarding Employee Dating
(PDF) (WORD)

This form can help protect a company when a consensual dating relationship among employees goes sour. It's estimated that between 6 million and 8 million Americans enter into such relationships every year. If you're concerned about protecting yourself from the consequences of a failed relationship, consider requesting employees to sign such a contract — especially if one of the employees supervises the other.

Note: If you ever face a situation of this complexity and exposure, it's wise to call your attorney!

 

For more information on the contents of this newsletter, please e-mail or give us a call.

The material presented here is general in nature. Due to local and state laws and ordinances, an individual article might not apply in every jurisdiction.

Copyright Employer Advisors Network, Inc. 2004

 

 



 

 



 

 

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