GIVING REFERENCES:
WATCH WHAT YOU SAY!

GETTING REFERENCES:
THE STRAIGHT SKINNY!

When you're evaluating a new hire, the reluctance of their former employer to provide candid references can make it difficult to get the information you need:

• If you're having difficulty obtaining a reference, use this Employee Reference Request (see the Forms of the Month). Hopefully, that will convince them it is "safe" to disclose information.
• If you still can't get anything other than name, rank, and serial number, then ask to speak to their spouse and close friends. Although at first this might sound like a strange idea, our experience tells us that you can get an enormous amount of valuable information. Remember to ask our favorite question: "Did they ever tell you that anything felt unfair to them at their last job?"

Most importantly, don't give up! That's exactly what the wrong employee hopes you will do!

THE LIMITATIONS OF LANGUAGE

In his short, yet powerful book, "On Dialogue," the late quantum physicist David Bohm explains that language imposes a strong, subtle pressure to see the world as fragmented and static. This outlook poses a challenge for leaders. For example, when leaders use the phrase "quality," they're creating a mental image that their managers and employees might not share. To move past the limitations of language in our communications, we need to include other people's "mind-maps" when conversing. This is what a dialogue allows for. As semanticist Alfred Korzybski admonished, "Whatever we say a thing is, it is not that. It is both different from that and more than that."

Genuine love and creative intelligence were the hallmarks of David Bohm's life work. And they could be the starting point for the next wave of growth at your company. What dialogue can you have around these subjects? Can you think of a more compelling motivation for a profitable bottom line at your company? To learn more about Bohm, we suggest that you pick up a copy of his book, "On Dialogue," which can be ordered through Amazon by clicking here.

WORKFORCE REALITY

The recent SHRM Workforce Diversity Conference identified nine distinct themes. Here are our insights into each of them:

1. Communication. Are your communications "inclusive"? Do they reach out to the widest range of employees, or do they focus only on the narrow few? Don't forget such informal communication venues as the executive lunchroom.
2. Measurement. Are your diversity numbers consistent with the local population and your industry norms? Do you have the same percentage of managers as rank and file employees in the various "suspect" classifications? Remember, Coke, WalMart, and many other companies faced discrimination lawsuits largely due to numerical imbalances in hiring and promotion.
3. Leadership. Are you helping women and minorities break through the "glass ceiling"? What's the composition of your leadership team? Are minorities given a career path to follow should they wish to reach the top? Do you post management trainee positions?
4. Conflict Resolution. When conflict arises, does your company ignore, bury, or deny it? Or, do you provide a safe place for parties to communicate? Is there an ombudsperson or some other "neutral" party for employees to go to who will listen and help to iron out their differences?
5. Disabilities. How proactive is your organization in hiring the disabled? Statistics indicate that disabled employees are quite loyal and have lower rates of absenteeism and turnover. Also, many governmental agencies will provide financial assistance for hiring them. If you're facing disability challenges, are you taking advantage of such organizations as the Job Accommodation Network (http://www.jan.wvu.edu/)?
6. Cultural Competency. "Culture" can be defined as how we collectively deal with our "stuff." To build a powerful culture, you need to hire people who are trustworthy, get them working in a shared direction, create safe places for communication, and be very clear about your commitments. An empowering culture gives employees something "larger" to focus on than the minor differences between them.
7. Team Building. One of the greatest challenges in this area is assuming that everyone has the same concept of "playing team." The chances are that they don't! Don't assume anything. Gather your team commitments through consensus, put them in writing, have people put their signature to it; and then blow it up and put it on bulletin board sized posters so that everybody can walk past it every day.
8. Sexual Orientation. With more workers "coming out of the closet" and with liberalized laws in this area, how tolerant, or even accepting, is your organization? What is management doing to help people move past their fears in this area?
9. Aging Workforce. Last but not least is the "boomerang" challenge. Are you allowing your older workers to become dinosaurs or are you keeping them invigorated? Are you taking advantage of their wisdom and placing them in mentoring roles or are you allowing newer technologies to push them aside?

These issues apply to any organization or business. Each is important, even where a diverse workforce does not exist. To learn more about the October conference, go to www.shrm.org/conferences/diversity.

ARE ARBITRATION AGREEMENTS
WORTH THE EFFORT?

A recent article in Corporate Counsel magazine entitled "Curb Your Enthusiasm" reveals that many companies are rejecting the use of mandatory arbitration agreements. Their concerns include: Increased expenses of arbitration, alienation of employees by requiring them to sign the agreements, expanded rights of plaintiffs in employment arbitration cases, the inability to file for summary judgment motion, and the higher rate of plaintiff's success in arbitration. Finally, it's very difficult to appeal an arbitration decision if the verdict goes against the employer.

Of course, many companies are still relying on these agreements. A word of warning: If you use an arbitration agreement, explain to employees why it benefits both parties, seek formal mediation before going to arbitration, and take great care when picking your arbitrator. To learn more, please read the White Paper: Mediation and Arbitration.

“If everybody concerned is absolutely clear about the goals and directives and far purposes of the organization, practically all other questions then become simple technical questions of fitting means to the ends.”

Abraham Maslow, On Management

This issue discusses:

We’ve also provided hyperlinks to (2) free Forms of the Month.

WORKING FROM HOME

Jet Blue has approximately 700 reservation agents working from their homes with company-supplied computers and phone lines. Jet Blue President Dave Neeleman sees "home sourcing" as the answer to outsourcing jobs overseas — even though call center operators are paid three to four times the rate of workers in India and the Philippines.

An article in the Los Angeles Times reported that almost 100,000 (or 70%) of Hewlett-Packard's employees do part of their work from home and that AT&T has enjoyed more than $180 million in operating benefit from tele-work. Today, nearly 24 million Americans (16% of the labor force) are tele-workers: The same as the number of self-employed who often work from home.

If you're considering the use of at-home employees, we'd recommend these guidelines:

• Be clear on how home workers account for their time, activities, and availability.
• Acknowledge their obligation to work in an appropriate setting.
• Have a written Tele-Commuting Agreement.

HR That Works! users can look at the Tele-Commuting Agreement on the Web site. If you don't have access to HR That Works! and would like a copy of the agreement, please send an e-mail to HR That Works!

CASES OF THE MONTH

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

(PDF) (WORD)

FORMS OF THE MONTH:

Post Employment Release of Employment Information

(PDF) (Word)

Giving references is a legal land mine. Most attorneys recommend giving only a name, rank and serial number. This form will help protect you from claims of slander, discrimination, breach of privacy, and misrepresentation. Use this when giving a reference. Have it signed by your ex-employee and the company making the inquiry.

Employee Reference Request and Release

(PDF) (WORD)

This form is aimed at protecting you from conversations held during the background and reference check process. This form is to be used when you're asking for a reference. Have the job applicant sign it when they give you their application.

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