Saturday, October 17, 2009

Create a Fun Working Environment; plan for it to become hostile

Every Company Needs to Have a Sexual Harassment Policy
I think every business owner or company leader wants their employees to enjoy the time they spend working, and great efforts are made to make work fun, engaging, and satisfying. But, as the saying goes, "Hope for the best, plan for the worst", a company must prepare for fun to turn ugly. Companies that have a plan of action and procedures to follow for such events like, sexual harassment, are better able to address an event or a negative behavior of an employee more quickly, and hopefully return the workplace to an atmosphere that people appreciate and enjoy.

A Call No One Wants to Receive
This week I received a call from the Kansas Human Rights Commission. The representative from the KHRC called to inform me that a past temporary employee had filed a complaint about the treatment she received while at a client jobsite and her perceived opinion that we were at fault with our response to her claim. The incident she filed a complaint with the KHRC occurred during her placement on a job dating from July 2008 to October 2008.

I informed the KHRC rep that I had started working for the company this last August, almost a year after the incident occurred and that the two staff employees who handled her original claim of harassment were no longer with the company. I explained that I had her file in hand, some documentation of her claims, and some documents from the staff about the actions taken, but that I still needed to review the information before I could adequately speak on the situation. He explained that his position is not to advocate for either side, only to act as a mediator. I asked him what I needed to do if I wanted to dispute her claim. He gave me a brief explanation and examples of how to dispute the charges and also explained the other option of settling the case by paying a sum of money to the claimant. He went even further by informing me that our client where she worked had already paid a settlement and that she may also be willing to do the same with us. Telling me that our client got a great deal and that it may not take much to settle this case, but he did not go as far as to say exactly how much money he was referring to for a payout.


What to Do When the Cart is Before the Horse?
I have always worked for large enough companies that already have policies and procedures for handling situations of harassment. This would be the first time as a manager/business owner I would have to handle a charge such as this without knowing exactly how these complaints were handled or how to untangle the web of information of what was documented to dispute a case.

I first, requested a copy of the past employee's complaint from the KHRC, which was quickly faxed to my office. I then read the complaint and claims made against us and our client. After reading the document carefully, I met with my brother to hear his side of the story and to help sort through all the documents our office had regarding the matter. I then, independently read her employee file thoroughly, reviewing her performance and/or behavior write-ups and reading again all the documentation of the incident of harassment she reported to our company. I then, met with my brother again and explained my perceptions of the events. I described the timeline with the course of actions taken during her time in our program and her placement at the jobsite. I had my brother explain any holes I indentified and asked questions to further explore the environment and the actions that took place. After all my investigative work, I decided it was in our interest to dispute the charge against us. It was my belief that, once Fresh Start was made aware of the behavior and treatment of the employee at the location, they had taken appropriate actions to remedy the situation and most importantly provide the employee a safe and comfortable work environment.

I used all of my notes and the information in the employee's file to write a letter to the KHRC. I first wrote, about the timeline of the employee's placement through our service and the events leading to the employee's complaint of harassment and the actions taken by staff once the complaint was made. Second, I described the employee's decision to voluntarily discharge herself from our program. Then I explained the performance of the employee while in our program and of the write-ups she did receive for violating company policies. Lastly, I restated the employee left on good terms and that it was her decision to vacate the residence by self discharge. It was our understanding that the employee no longer wanted the help of our service to provide her employment and residence.

I sent my letter via fax back this week to the KHRC rep, asking him to let me know what other documentation would be necessary to clear up the matter. I have yet to hear what if any further action will be required on our part. While I truly believe that my brother and his staff at the time did work in the employee's best interest and took appropriate actions to resolve the matter. I did come to the realization that our company lacks a formal process to address complaints as serve as sexual harassment and that steps need to be taken as soon as possible to have a thorough and adequate procedure in place for any future complaints.

To Do's for Putting a Sexual Harassment Policy and Procedures in Place
If your company does not have a formal policy and procedure in place to address issues of a hostile work environment, I recommend taking the following steps.
1. Visit your state's Human Rights Commission webpage and review the state's laws on discrimination.
It is also advisable to review the steps that the HRC will take once a complaint is files and proceeds with an investigation. This information is helpful for the company to determine all the documentation required to dispute and future charge.
2. Consult your legal advisors or a human resource professional.
An attorney or a human resource professional with a PHR or SPHR will be able to answer any questions on creating a policy that covers all legal requirements and review any documents created addressing the proper procedures in handling such complaints.
3. Train your entire staffing, including managers and support staff.
All employees in their orientation should receive diversity/sexual harassment training, and the policies should be refreshed and reviewed with all staff every two years. It is important to stay current on all legal requirements and routinely remind employees of the law and the company's policy/attitude towards such behaviors.
4. Make filing a claim of harassment as comfortable and clear as possible.
Employees should not fear addressing any concerns for their well-being. It should also be clear as to whom the employee is to address their complaints. Have the necessary hierarchy of the company explained to every employee, and those in that hierarchy should be trained in implementing an investigation. All managers need to have an open door, especially if the employee's immediate supervisor is the one they feel threatened by, then the employee will be aware of whom they should speak to about their situation.
5. Document what you do, do what you document.
Put everything you do into a written document and have the documents signed by you and a witness. Staff members may leave the company or attitudes about the company may change. In the event, that an employee is no longer employed at the company the document they filed is retained, and if the employee later changes their story, then the document helps you argue the discrepancy.
6. Be aware.
No manager should turn a blind eye or participate in such behavior that is against the law or company policy. While, it is impossible to know what is going on at all times, it is important your employees know communications channels open. If you hear something that is disturbing, then you need to investigate it yourself.

Taking these steps is important to creating the fun, engaging, and satisfying workplace you desire. When teams play or compete against each other, it is important to know the rules of the game and the consequences for violating the rules. Think of a time you played a game and an argument broke out about what was out-of-bounds, what counted as a scoring play, when someone could call a time out, and why something drew a foul? The game may have started out as a fun spontaneous game, but once it became clear no one knew the rules or it seemed one side changed the rules to favor them, then the game was no longer fun and seemed pointless or unfair. That is the same with creating a comfortable workplace. Employees need to know the rules of the game in order to have fun. If these rules are not in place or not applied the same to everyone, then your workplace will turn as ugly as an unruly playground.

For more information on actually writing a sexual harassment policy visit:
http://www.ehow.com/how_2140066_create-sexual-harassment-policy.html

For information becoming an HR professional visit:
http://www.shrm.org/

Saturday, October 3, 2009

Behind a Good Brand is a Good Story

Every Company Has a Story; you should want to talk about it and people should want to listen

Over a month ago I spoke to a friend I knew who worked at a local news station in Wichita. He was happy to see me back in town and was curious as to what would bring me back from Kansas City.

I began to tell him about how the softening economy had affected my then brother's business, and that he asked me to join him in rebuilding the company and putting new procedures in place to ensure growth or prevent further damage. I also told him what makes our company so different, truly unique, to any other labor staffing firm in the city, state, even region. I explained that we served people who had no other place to go, that we provided them a studio apartment, we worked to find them employment, and then we provided them with transportation to and from the jobsite.

His first reaction was that we were a social service and thought our funding came from the state or federal government. Most people have that perception when I tell them our purpose and our mission. However, we are a 100% private for profit company. When people hear this their second question/thought is, "How do you make money helping those who have hit rock bottom or have difficulties in their lives where they need your service?" The truth is that people are not disposable, while some to the majority of people seeking our service have created their own difficulties, once in that tailspin it is difficult to them to recover if no one reaches out to give them a hand up. Fresh Start's motto is "Giving a Hand up, Not a Hand Out". People in our program seeking residence and employment enter our program voluntarily. They need to be ready to seek help and have the drive to take full advantage of the service we provide.

For profit companies typically do not target the demographics we aim to serve. I believe this segment of our population is desperately under served, and that their is money to be made in acting socially responsible, while finding a niche to fill for a product that people will demand. So to answer the question, "How do we make money?" We look for men and women who are ready and willing to work and work hard in labor or light industrial industries. When someone enters our program they sign a contract requiring them to agree to work for us at one of our client companies. Upon entering the program they do not have to pay a security deposit or pay any rent upfront. In their contract they agree to begin paying rent once they begin working and they have agreed to work a set number of hours in order to honor their leasing agreement. The goal is to find them a good stable position, so they can meet the terms of their contract through us, and then begin rebuilding their lives, by leaving our program and rejoining their family and/or support network. We see ourselves as a short-term solution, which will need to lasting results for those who want to make the changes necessary in their lives.

The other side of our business is our staffing agency. We serve companies in and around the Wichita, KS metro area who are in need of labor or light industrial employees. We offer temporary to long-term solutions, by providing companies with an affordable and flexible option to meet their staffing needs. Our clients get the benefit of knowing the employees we supply have adequate housing, dependable transportation, and a disciplined and supervised living situation. This is what makes us so unique from other staffing firms. When a company employs the help of another agency, the agency is not able to guarantee to the company that their temporary help has stable housing or reliable transportation, nor will they step in to solve this problem if it is discovered the employee is without these resources.

Our client companies also know that they are doing well by the communities they serve. When they employ us to fill their positions, they are giving someone a chance to make a change for them self and for their loved ones. People who were without a home and a job are given the opportunity to end their downward spiral, and if the person proves that they are not ready, we are able to quickly identify those individuals and give another individual this opportunity. I do believe there is a place for government in serving our disadvantaged population, so I would never advocate that any government involvement is a bad idea. However, I do believe that company leaders need to look at our entire population and decide how they serve as many people as possible and in a responsible manner. Fresh Start is not able to help everyone, so other companies or government programs are necessary. Yet, when an individual loses their home and their job, and seeks help at a shelter, they may only find a safe place to sleep and food to nourush their body. If that individual is willing and able to work, then someone needs to step in and be the method of delivering the nourishment of employment as well. Few companies will consider employing someone who lives in a shelter and/or does not have their own transportation, so that is where we act as an advocate. We solve this necessary concern employers have and then ask them to trust that we will do our best to supply only the individuals deserving of this opportunity.

So after telling my friend about the interworkings of Fresh Start, he paused and said, "This is amazing. I never knew something like this in Wichita existed." I told him, "I don't think it exists anywhere else." I asked somewhat jokingly but seriously if he thought this was news worthy. He stated he thought it was and that he would pitch our company as a news story to the producers at the station. I soon received word from my friend that the producers were indeed interested, and just two weeks ago a business reporter visited our location. The reporter interviewed my brother and I, had a cameraman take shots of our office, our residential facility, one of our client jobsites, and at a site where some of our unemployed residents were volunteering with Habitat for Humanity. Last Tuesday, the story aired. This has to be one of my proudest moments in my life. I was proud of what my brother was able to do accomplish on his own after my uncle passed away last year. I was proud of the work our staff and residents put in to clean up and organize our operation. I was also proud that we had outlet and opportunity like this news story to help brand our company. I believe we have a story to tell, and this is just the beginning of getting that message out.

Company owners and leaders need to have a passion and a story of why they are in business.
· Be proud of what you do,
· Know what sets your apart,
· And tell anyone that will listen.
People love a good story, so create your own. I truly appreciate having a friend who allowed me to bend his ear and made this news story possible, but even if you do not have this channel to communicate to the masses you still need to have a message. If you struggle to excite others about what you are doing, then now is the time to address this dilemma. If you are excited, then don't bottle it up. Let it out! Get your 15 minutes of fame, and then once you have captured the moment; build on it. Rest is for the weary; results are for the determined.

To watch our featured news story on KSN Channel 3 News click on the link below
http://www.ksn.com/mediacenter/local.aspx?videoid=1475@ksnw.web.entriq.net&navCatId=22

For more information and resources on Brand Storytelling visit
http://www.fastcompany.com/blog/melinda-partin/work-tank/brand-storytelling-connecting-your-audience