The Employers' Association
 
 An E-newsletter for TEA Members
Business peopleEXECUTIVE UPDATE
TopSeptember 15, 2016Volume 36, Issue 13
In This Issue
Upcoming Programs

OCTOBER

  4 - HR Metrics & Finance
  5 - Turning Confrontation
        into Conversation
  6 - Disciplined Problem
       Solving & Corrective
       Action
  7 - 7 Habits of Highly
       Effective People�
       Signature Edition 4.0
11 - Employment Law for
       Leaders: How to Avoid
       Legal Pitfalls When
       Managing Employees 
       - 
Fall Term Begins
12 - Business Writing Skills
14 - CPR Recertification &
       First Aid
14 - Bloodborne Pathogens
18 - Compensation and
       Benefits
19 - Conflict Strategies
25 - Creating Fanatic Fans
       Forever
26 - Introduction to Leadership
 
Click on dates for more information or refer to the 
2016 Training programs schedule here.

Looking ahead....
We are in the process of planning our training schedule for Jan. - June 2017 to be released via our NEW WEBSITE over the next few months. If you are interested in a program not currently scheduled, email Penny to be added to our future registration list.  She will contact you after the schedule has been finalized.
Legal Briefing:  How to Attract Talent and not get Sued
 
Legal
Wed., September 20, 2016
8:00 - 9:30 a.m.

Bruce Courtade and Mark Smith of Rhoades McKee will provide valuable information regarding how to understand, assess and minimize your risks when trying to retain your own employees from being raided by a competitor or hire new workers who might be subject to contracts that subject your company to money judgments or injunctive relief.

More details & registration
HRG October Meeting
 

HR & The Aging Workforce - AHRM / LRMA /HRG
Joint Meeting

Presenter: Shelly Trent from SHRM

Wednesday, 10/26/16
Pinnacle Center
7:30 a.m. - 10:00 a.m.

More details to follow.

Providing practical solutions to Human Resource-related issues BEFORE they escalate into legal problems.
President Dave SmithFrom the President - Coaching for Success
by David Smith, CEO & President

We always seem to see a number of coaching changes that take place as a sports season winds to an end.  One coach will leave (or be released) initiating a domino effect as coaches "move up the food chain" to positions of higher value.  A good coach seems able to make highly skilled individuals perform beyond their proven abilities.  A great coach can cause a team to accomplish exponentially more collectively than any individual member of the team might ever imagine on their own.  Business is finally figuring out that coaches and mentors may be able to maximize the contribution of its "stars" in a business setting as well.

Coaching is not some black-magic offering that will transform an inexperienced novice into a proficient professional overnight.  It is one part preparation, one part inspiration, and many parts perspiration.  A good coach must become intimately aware of an individual's strengths, weaknesses, experiences, expectations and environment - then work hard with a person to maximize their ability to contribute by leveraging "what is in them" without trying to change or add "what is not going to change."  Like an athletic coach, a business coach cannot expect more from an individual than his or her knowledge and experience will produce - nor force changes a person is not willing to make.  Rather than runs, hits or interceptions, the language we use tends towards sails, rudders, anchors, accomplishment and results.

Coaches and mentors focus on an individual's potential, always searching for ways to help a person transform their possibilities into reality.  A good business coach will lead an individual down a path that allows him or her to make the right decision based on available information (and empowers him or her to change their mind should the conditions change).  In supporting and reinforcing an individual's decisions, a coach acts as an anchor to hold a person firm to their values and a keel to keep him or her stable during their journey.  There are times, however, that a coach must help an individual raise their sails to move beyond a "present reality" into a future that has yet to be realized or a rudder to allow them to change direction as needed.  A leader must help "the whole" become greater than the sum of its parts by funneling independent efforts into a team's accomplishment.  A sail is worthless unless it can drive a boat that is stable and able to shift directions as needed.  A leader holds little value unless he or she can leverage the strengths of a team then motivate it to work together in order to accomplish more than any individual within the team may have been able to do on their own.

In order to motivate a team, a leader must understand personal strengths, weaknesses and positive (and negative) influencers AS WELL AS the same characteristics within the team he or she motivates.  While a variety of tools exist to help determine these factors, TEA often uses an instrument called AcuMax to identify personal strengths, the characteristics needed to successfully fill available positions and ways to accentuate the positive in people (while acknowledging and strengthening the negative) in order to develop exceptional leaders that can build effective teams.  Unless (and until) a leader learns that much can be accomplished as long as it does not matter who receives the credit for success - that making his or her people feel engaged, important and a part of any decision that is made - he or she may be an effective manager or a competent commander but will not lead, motivate encourage or inspire confidence from others.

TEA has been helping members achieve their full potential for years by providing information, training, consulting and coaching.  While we may never sign a multi-million dollar contract to coach a team for a season, we will receive our reward (and satisfaction) by sharing in the success of those we mentor.  Coaching can help a good manager become a great leader by recognizing the value of others, minimizing the need for self-gratification and understanding personal characteristics that can lead to success (or possibly deter progress unless addressed in a healthy and positive manner).  Make sure your teams (and their leaders) are ready to embrace the opportunities a "new tomorrow" will bring by giving us a call to talk about coaching your team to success!
 
Visit our BLOG (Dave's Deliberations) to view recent posts.
Have You Participated Yet?

TEA's 2016/17 Wage & Salary Survey Questionnaire

There's still time to participate and receive a FREE copy of West Michigan's most comprehensive wage & salary survey report.
Due date: September 30, 2016

Questions? Contact  Marla at 698.1167.
UPDATE - New Website with Member Engagement Tools

A few weeks back, we launched a new AMS (Association Management System) and with that came many tweaks and adjustments that we are working on before the launch of our NEW WEBSITE with interactive MEMBER ENGAGEMENT TOOLS.  We will continue to update you on our progress and we thank you for your patience and understanding as we make this change - to better serve our members!
 
Changes to take place from current TEA procedures:
  • Training confirmations will be sent to the email attached to the participant's record (formerly to the training and/or HR contact).
  • One invoice is created for each training registration (or orders for surveys or products) (formerly on one invoice).
  • Registrations or orders made with credit card are immediately processed (formerly processed after the program).
  • If requesting to "pay later"/be invoiced (for payments by check) an invoice is auto-generated upon check-out of online cart and can be accessed in company account within 24 hours for payment. (formerly mailed after the program).
Beginning January 2017:
  • Certificates of completion will be given to every participant for each class attended (formerly only given for our Leadership Development programs and after completion of a Certificate Series).
  • Certificates will be handed out to participants the day of program. (formerly mailed to training and/or HR contact).
Please contact us with any questions. 
Welcome New Members

The new members listed below represent 
employers within the West Michigan area who have joined the ranks of those committed to strong, positive employee/employer relations. It is a pleasure to welcome these new members into our TEA(M).

*Clark Retirement Community Inc.
*Service Professor Inc.

Leadership Accomplishes Much by Coaching, Demonstrating How AND being Receptive to Change
from Ron Scott, SPHR, Director of Member Engagement

Most people dislike being evaluated for anything - especially their work.  Coaching is taking off in many organizations as a way of evaluating the quality and quantity of work without the formal sit down discussion of a traditional performance review.  Coaching is a discussion of expectations and review of how the work or project is progressing - often suggesting new or different ways to approach the resolution of a problem - without seeming to accuse, criticize or minimize an individual's efforts (IF it is done correctly).

Coaching comes across as non-threatening and the employee is more willing to be open about areas that he or she may be struggling.  Coaching focuses what needs to be done and gets into the area of how to accomplish it rather than simply looking at results creating a work environment where employees can ask "how can I do this differently?" rather than "I will do it exactly as I am told."  In order for Coaching to be effective, however, a "safe" atmosphere that encourages learning from mistakes (rather than being punished for them) must be created - something that is often difficult without specific training.

Many organizations bring in an outside coach to assess the work and performance of a manager, provide feedback and teach him or her how to coach employees.  Ways that an effective Coach can help managers lead and motivate would include:
  1. Help managers develop a high trust relationship with their team by teaching them how to invest in each person, understand their preferred work style and environment and create an environment that allows them to ask questions at any time if they are unsure about a decision (encouraging them to propose alternative solutions rather than simply asking "why?).
     
  2. Remind them to review job expectations with each team member, discuss how the work needs to be done by them AND how it helps to accomplish the organization's objectives.  Demonstrating how an individual's work effects the organization's expectations sets the stage for team members to update their manager on progress towards the accomplishment of assigned goals on a regular basis.
     
  3. Teach managers that they should take the time to demonstrate how the work is normally done when setting expectations - encouraging alternative ideas as positive contributions rather than disruptive conversation.  Managers should make a point to show employees how to get the job done right and on time - paving the road for their success - then give them credit upon completion (and assistance if needed along the way).
     
  4. Encourage managers to think about what should be said, consider how each team member is likely to respond and communicate clearly so that expectations are understood.  Remind leaders that telling someone is only part of the process - ongoing monitoring and continuous feedback are critical if desired results are to be accomplished (recognizing that telling someone how and expecting that exact process may be effective but minimizes employee engagement).
Coaching an individual on how to get the job done is a mentoring process that never ends.  It provides managers the opportunity to demonstrate how the job has been done effectively in the past and, if done effectively, helps to develop a positive environment that encourages two-way communication and openly welcomes team members to utilize their interpersonal and cultural skills for the good of the organization.  Many organizations struggle with the top down performance review process and the time it takes to meet, document and finalize the process for each team member.  Coaching employees on how to get the job done can be an on-going basis that, if properly documented, can augment the "review event" with a more healthy (and effective) review process.  If this process is done well, the performance review can focus on future career and job development and less on what the team member did (or did not do).

TEA offers training programs that support the coaching process in leadership and can perform one-on-one mentoring to strengthen individual coaching skills.  Taking a positive coaching approach to getting the job done can build a strong and engaged workforce while accomplishing more with the help of (rather than in spite of) others.  Give us a call at 616.698.1167 to learn more.
HR's Role for Critical Incidents in the Workplace
by Maggie McPhee, SHRM-CP, PHR, Director of Information Services

The fifteenth anniversary of 9/11 has just passed.  I am sure we all remember where we were on that fateful morning (I was in an HR Round Table in Holland).  It makes me think of all the HR folks who never imagined they would have to deal with a crisis of such magnitude - and those having to deal with others such as Hurricane Katrina or Sandy Hook.

Workplace crisis happens everywhere and we need to be prepared when HR is called upon to help resolve (or at least buffer) a crisis that happens in your facility.  How prepared are you to answer such a call?  Some steps HR can take to be the most helpful and provide the most assistance to employees include:
  • Respond quickly and put the employee's sense of safety first.
  • Acknowledge the seriousness of what has occurred by letting affected employees know their reactions are to be expected.
  • Do whatever you can to provide each employee with the support they need to help them recover.  Have systems in place to help employees contact family members, access counseling or secure other types of support when necessary.
  • Encourage returning to the "normal" routine as soon as possible - not at the expense of or to force forgetting about what happened but to allow all involved to regain a sense of safety and security.
  • Monitor and follow-up, watching for delayed signs of distress in other managers and executives as well as the rest of the employees.  Everyone reacts differently to situations BUT everyone DOES react.  Be sensitive to and aware of individual differences.
Regardless of what you do, anxiety will result, and every person deals with anxiety differently so it is critical that leadership considers and recognizes that employee reactions to crisis may include such things as:
  • Being more aware (or frightened) of potential dangers
  • Not wanting to return to the scene of the incident
  • Difficulty relaxing
  • Insomnia or fitful sleep patterns
  • Loss of appetite (or unhealthy binging)
  • Guilt over not having prevented or being unable to avoid the incident.
We must be prepared so we can act quickly because early intervention is most effective. Make sure that you:
  • Train your supervisors and managers in how to recognize the signs of distress and how to respond in the most helpful and effective manner. 
  • Encourage and allow flexibility for those who have experienced the trauma, recognizing that expectations may not be able to change but processes and timing might be altered or modified along the way.
  • Be prepared to extend any supports you provide to employee's family members when appropriate.  (Trauma is not an isolated incident and offering support services to the extended family will help everyone.)
The world is ever changing and critical incidents in the workplace will happen.  HR is central to how successfully an organization recovers.  Contact TEA's Helpline for more information or to find resources for crisis planning.
Interview Questions That Could Get You in Trouble
from Rob Strate, SPHR, Director of HR Services

A TEA member recently requested interviewing training for everyone in the organization who conducts employment interviews, from the executive level through mid-managers, supervisors, and team leads.  The company decided the training was necessary because several managers had interviewed and hired candidates without the knowledge or guidance from the human resources department.  The result? Several "bad hires" and one case in which a rejected candidate filed a discrimination complaint with the Michigan Department of Civil Rights.
 
Part of the training involved taking a quiz which required identifying a number of interview questions as either "appropriate" or "inappropriate."  Not surprisingly, many of those taking the quiz gave incorrect answers, including managers and HR employees who had years of interviewing experience.  The following is a representative list of questions which are commonly answered incorrectly with a short analysis of each explaining whether it is advisable to ask and why.
 
Do you have any family members who work here now or who have worked here in the past?
Information about friends or relatives working for an employer is generally not relevant to an applicant's ability to perform the requirements of a job. Requesting this information may be unlawful if it creates a preference for relatives of current employees and the makeup of the workforce is such that this preference reduces or eliminates employment opportunities for members of protected groups.  As a general rule, however, unless an adverse effect on protected classes can be shown, the hiring of relatives (nepotism) is not unlawful. 
 
How many children do you have?
Questions regarding marital status, number of children and childcare arrangements should not be asked because they may be seen as being based upon the applicant's gender. Under Title VII of the Civil Rights Act, it is unlawful to deny a female applicant employment because she has children or is planning to have a child at some future date. Also, this question is an inappropriate way of asking about an otherwise appropriate subject: availability to work.

Do you own your own home?
An interviewer should not ask if the applicant owns or rents a home or car, if wages have been previously garnished, or if the applicant has ever declared bankruptcy, unless financial considerations exist for the job in question.  Any employer who relies on consumer credit reports in its employment process must comply with the Fair Credit Reporting Act of 1970 and the Consumer Credit Reporting Reform Act of 1996.
 
What is your Workers' Compensation history?
An employer may not ask an applicant about an applicant's worker's compensation history since questions of this nature are viewed as relating directly to the severity of the person's impairments, and therefore prohibited under the American's with Disabilities Act, (ADA).  Instead, the question that should be asked: "Are you able to perform the essential duties and functions of this position?"
 
Did you serve in the military? What type of discharge did you receive?
You may not ask what type of discharge the applicant received from a military service.  You may ask whether or not the applicant has served in the military, period of service, military rank at time of discharge, and type of training and work experience received while in the service. 
 
When did you graduate from high school or college?
This type of question can be considered an indirect inquiry as to an applicant's age and may create an inference of age discrimination. While such a question does not inherently violate the Age Discrimination in Employment Act, a more appropriate approach is to simply ask the interviewee if he or she has a high school or college diploma.
 
What clubs or organizations do you belong to?
As phrased above, this question is unacceptable because it could be seen as seeking information that is not job-related and which could relate to gender, national origin, religion or other status protected under Title VII.  It would be more appropriate to ask: "What professional or trade groups do you belong to that you consider relevant to your ability to perform this job?" This question would elicit similar information, but only to the extent that it is relevant to the job in question. 
 
Have you ever been arrested?
Questions relating to an applicant's arrest record are improper, while questions of an applicant's conviction record may be asked if job-related. The EEOC and many states including Michigan prohibit the use of arrest records for employment decisions because they are inherently biased against applicants in some protected classes.
 
What is your date of birth?
The Age Discrimination in Employment Act ("ADEA") prohibits discrimination on the basis of age with respect to individuals over the age of 40. Employers who have hazardous jobs and therefore are subject to the requirements of Michigan's Youth Employment Act, should ask applicants, "Are you 18 years of age or older."
 
TEA offers training on Employment Selection and Interviewing as part of its HR Certificate series of public classes and also conducts this training in-house at a member company's location.  To learn more, please contact Jason Reep at [email protected] or phone 616.698.1167.

How to Talk About the Stuff You Should Never Talk About at Work
by Jason Reep, SHRM-SCP, SPHR, Director of Learning & Inclusion

The excitement heightens and people all over the world begin talking about the games being played every four years - not about the Olympics or the World Cup, however, but the race for President of the United States.  Inevitably the conversations make their way into the workplace.  Many HR professionals and organizational leaders want to limit these conversations to reduce the risk of conflict or claims of a "hostile work environment."  The easiest thing to do is request that people do not have conversations about topics that bring up high emotions (such as politics).  That overarching practice may be effective to cut off the possible conflict and keep people "safe" but it can also impact relationships and keep co-workers from really understanding (or appreciating) each other.

Organizations have to ensure that employees are not actually being harassed or harassing others within the workplace.  There are fears of lawsuits and/or bad publicity that could negatively impact the organization (social media has made it much easier to tell the world if someone does not like where they work and why).  With all the negatives surrounding hot topics like politics, why would an organization allow such conversations (think of Starbucks's "Race Together" initiative)?  One reason may be to demonstrate a commitment to an inclusive and respectful workplace.  Is it possible that encouraging highly sensitive discussions can become a way to show respect?  Done correctly, the answer is "yes."  Done poorly, you may be dealing with a complaint, a court action or a negative employee relations environment.

Some of the topics most employees believe are off limits (but talk about anyhow) include politics, race, religion, sexual orientation, gender identity, cultural practices, and national origin or ethnicity.  It is often said that what makes something a potential harassment issue is not what someone was trying to do but how it made others feel (intent vs. impact).  If people go into these tricky conversations with the right intention - and they are received in the intended manner - they can encourage growth and understanding.  A specific example would be it is common for employees to be inspired after a "diversity training" but if they feel they cannot continue talking openly after the program for fear of offending someone, the program was not effective.  If that be the case, the energy around creating a more inclusive environment is lost and the opportunity to better understand co-workers, customers, and the community quickly fades away.  Whenever we feel that we cannot discuss an issue openly we lose the opportunity to learn from others ideas, perspectives and insights.
 
A few tips for engaging in potentially sensitive issues at work would include:
  • Does it fit into the organization's culture?  If there is no support from leadership or there is a history of harassing behavior being unaddressed then it is probably best not to talk about sensitive issues dealing with "protected areas" at work.  Someone's heart may be in the right place (they want to learn and grow and encourage others do the same) but a culture that discourages openness makes the conversations suspect.  If your culture is a learning environment and encourages growth through the acceptance of other's thoughts, ideas and values then it may be appropriate to engage in this type of dialogue.
     
  • What is the intention of the conversation?  If the conversation is to teach someone something or tell someone they are wrong about something, it can quickly become an argument that benefits no one.  If you enter the interaction wanting to gain as much or more than the others - without being critical or condescending in the conversation - then you may be positioned for a healthy conversation.  It is important to ask yourself if you are open to hearing a different perspective or if you are trying to impose your beliefs upon another.
     
  • Did you get agreement that the conversation is okay to have with those you are talking with?  When one jumps jump into highly charged conversations without seeking "permission," people can get on the defense quickly.  When people are in agreement that they can talk about something and are willing to listen non-judgmentally it broadens perspectives and increases the willingness to have additional conversations at a later date.  Remember, however, that an individual has the right to give permission to speak openly and honestly BUT ALSO retains the right to gracefully end the conversation at any time as well.  DO NOT press a point once a conversation has ended.
     
  • Make sure people know you are listening to what they are saying.  If you sit calmly and listen - without acknowledgement or recognition - the other person/people may have no idea you are hearing what they are saying so they may shut down or begin to repeat themselves to reinforce a point.  A couple techniques to show you are listening are to ask open-ended questions, paraphrase what has been communicated, nod or in some other way acknowledge points that are being made or express empathy where appropriate.
     
  • Will it bring you closer or separate you?  If, in the end, talking about a sensitive issue will put distance between you, the conversation should probably be avoided.  We know that people build relationships on similarities and commonalities.  If you have not already established those in your "relationship," that should occur before you have more difficult conversations (which have the potential to divide people having little or no relationship).
     
  • How will you handle conflict?  If you blow up or shut down during disagreements then you should stay away from these topics.  If you believe conflict handled well can bring growth and understanding - and are willing to learn as much as you are to impose or share your thoughts - should conflict occur you will most likely respond to it with hope and patience.
     
  • What if the other person does not follow these "guidelines?"  If you believe the other person will not commit to the suggestions above, it may be too risky to have the conversation.  All parties need to agree that the dialogue will be done in the spirit of growth for everyone - without forcing an idea or trying to impose an opinion - if anyone is to gain from it.
In organizations that encourage inclusive behaviors, the leaders have the interest and skills to support the efforts of employees to share, engage and communicate.  They do not need to have all the answers, they simply need to demonstrate commitment to everyone, their ideas and their values without excluding anyone from the process.  The Employers' Association provides a number of solutions related to leadership, effective communications, inclusion & diversity, conflict resolutionteam building, and coaching.  Please contact Jason Reep at [email protected] or 616-698-1167 to learn more.
This newsletter is published at 5570 Executive Parkway SE, Grand Rapids, Michigan as a general information service to all members and offers data from many sources. It is not designed to render legal advice or opinion. Such advice may only be given when related to actual situations. Our staff can assist you in interpreting and applying this information to your needs.  For questions or replies to this newsletter, email [email protected].  
 
NOTE ABOUT SAFEUNSUBSCRIBE:  If your company is a TEA member and you unsubscribe, you will no longer receive ANY TEA e-communications.  If someone else should be receiving this information, please email [email protected] and we will update our records.