How to Thrive At Work: From Complaints to Commitment

Written by Patricia Bagby

People spend lots of time complaining. We all complain, no matter what our position. No matter what the particular content of complaints, it turns out that most of us have an experience at work that we perceive as obstructing our well being. The objects of annoyance may vary, but griping is always in season at work. Sometimes the complaints are made with head shaking amusement, sometimes with resentment. They are made by people who love their jobs and by people who hate their jobs; by those who are good at their jobs, and not so good, new at work, and near retirement. Criticisms are levied at bosses, subordinates, peers, "them", "they", and occasionally at oneself. No matter how sophisticated, a complaint is unpleasant to listen to. At its worst, it poisons relationships and sabotages team efforts.

To be fair, I have to acknowledge that complaining may help people let off steam. It can create alliances and support when people realize they are not alone. But it rarely accomplishes more than this. It doesn't change anyone or anything. It often leaves people feeling worse by virtue of the negative feelings that flourish. Complaints can also be a gateway to identify and give voice to personal commitments at work.

It is important to pay attention to complaints because they contain a seed of passion! For every statement of what a person can't stand, there is an underlying reason or statement about what they stand for. People do not complain about what they do not care about. There is energy, commitment, and there is passion. Where there is passion, there is potential for change.

In every complaint there is a value that is not being honored and it is usually the absence of this personal value that is rubbing the person the wrong way. That is the passion that is implicit in the complaint. Unlock the underlying value and there is the productive conversation about what needs to be done in order to create meaningful change.

In their book How the Way We Talk Can Change the Way We Work, Robert Kegan and Lisa Laskow Lahey term complaints in the office as "BMW" Talk: bitching, moaning and whining. Or, "NBC" talk: nagging, bitching, and complaining. Ask any group of people how they could be more supported at work and you'll get prime examples of BMW. This conversation about what we can't stand is so universal; it goes unrecognized and accepted as normal.

The importance of language and the way groups speak about themselves and their work cannot be overemphasized. Even though every person, in any setting, has some opportunity to influence the nature of the language, leaders have much greater access and opportunity to establish and influence others through the use of language. The only question is what kind of language leaders will choose to use. We are all leaders at one time or in one way. We are all seeking language through which we can communicate more effectively and influence the decisions that others make, particularly when they relate to what is important to us.

Equally important is the language we use in our self talk. Although not often considered, the conversation within is one of the most influential forces of behavioral regulation. Through our internal language, we create continuous forms of feelings and thoughts that ultimately lead to our actions. Thinking about our three internal operating systems of feelings, thoughts, and language, language is the easiest to change. When we change the way we talk about something, we have a greater chance of changing our feelings and thoughts because of our natural desire to be in agreement.

The next time you have a complaint, ask yourself what commitments or convictions do you hold that are implied in your complaint? What value do you hold that is not being honored? What commitment do you have that is not fully recognized in the situation? What am I doing or not doing that prevents my commitment from being recognized?

If someone comes to you with a complaint, acknowledge the person's complaint by actively listening and empathizing with them in order to help them accept the situation. If you feel comfortable enough, try to explore solutions using positive energies and problem-solving methods.

In truth, all of us are confronted with challenges. Our passion and the absence of personal value are implicit in our complaints. Underneath the complaint, there is a mountain of committed passion and a source of energy to be discovered and harnessed--if we look for it and ask about it!

Giving and Receiving Critical Feedback

One of the most difficult skills to learn in communications is how to handle critical feedback—whether we are giving it or receiving it. When we understand it and use it, critical feedback becomes constructive feedback.

A number of supervisors have told me they find critical feedback difficult to handle. That is understandable. You make all kinds of decisions, judgments about the people you manage, just as your managers make decisions about you. These judgments can be informal and even unconscious. Critical feedback can make the difference between success and failure in our lives. It provides us with information on what is working and what is not. Critical feedback is an indispensable part of our lives; it can empower us to communicate more openly and improves many facets of our daily lives.

It is common to define critical feedback as Webster does in the dictionary: “the act of criticizing unfavorably.” We often think of critical feedback as something negative, but critical feedback may also be defined as “evaluating or analyzing with knowledge and decorum. In this perception it is a tool for achieving positive results.

A good part of our self image is based on how others view us. When we feel that someone sees us as anything other than in a positive light, we may feel devastated. Critical feedback implies that we could be wrong. What could be more personal and threatening? It takes an open mind to be able to listen to an opposing view.

In today’s environment our ability to adapt, change, and grow as a result of critical feedback is paramount. When we cannot, we risk stagnation and it inhibits our chances to move forward, change, grow, and develop.

The Simmons/Bright study on critical feedback found that we resent receiving critical feedback most from our in-laws, mates, and subordinates. We handle it best from teachers, friends, fathers, or bosses. We consider it most important to take corrective action when criticized by our bosses and mates and least important to take corrective action when criticized by our in-laws and siblings. We are most hurt by critical feedback that questions our integrity and our job performance. The difficulty we face in handling critical back lies in the fact that the feedback is at least partially true. Even if the feedback is poorly given, it forces us to examine our behavior and draw conclusions.

When we give critical feedback it is important that it be given constructively. Constructive feedback is aimed at promoting improvement or development of the person to whom you are providing the feedback. This kind of open feedback can relieve stress, and stop people from guessing at expectations and evaluations. Because honesty promotes trust and paves the way to understanding, constructive feedback can improve interpersonal relationships.

In his book What Wives Wish Their Husbands Knew About Women, Dr. James Dobson wrote:

“The right to criticize must be earned, even if the advice is constructive in nature. Before you are entitled to tinker with another person’s self-esteem, you are obligated first to demonstrate your respect for him/her as a person. When a relationship of confidence has been carefully constructed, you will have earned the right to discuss a potentially threatening topic. Your motives will have been thereby certified.”

That is excellent advice—for professional and personal relationships.

GOING GLOBAL

As the economy continues its steady march toward globalization, more companies are becoming multinational, and more Americans are working overseas. American employers are increasingly sending U.S. workers on assignments to explore new markets, oversee the construction of foreign facilities, negotiate with overseas suppliers or manage outsourced functions.

Globalization and the integration of world markets mean that international businesses must manage diversity. Diversity management involves acceptance of differences, respect, and tolerance for people representing all cultures and from varied backgrounds. Most of all, the achievement of organizational goals requires making the best of diversity.

International businesses are not only required to respect the ethnicity of their employees, but they must also learn to interact with customers of diverse cultures. They must maintain relationships based on universal ethical principles: trust, honesty, responsibility, and integrity. Relationships founded on ethical principles with business partners, governments, customers, employees, and other stakeholders go a long way in helping the international business succeed.

An organization with a culture of hate is most likely to fail in the global marketplace. It would not be able to value different cultures and peoples. The psychology is simple: an organization that hates a particular culture and its representatives, including its own employees in the workplace that represent the culture, would fail to satisfy the needs of its customers belonging to that particular culture.

Global businesses know that diversity is an asset. Employees from various cultural, ethnic and linguistic backgrounds may possess special abilities for handling the company’s overseas contacts. A Chinese employee in the global workplace, for instance, would be especially useful in communicating with the global company’s Chinese operations. It is important, therefore, for the company to value its Chinese employee and all other cultures represented by its employees. After all, the employees from diverse backgrounds add special value to the organization as a whole. The more diverse the company, the more likely it is to succeed in a global marketplace.

The multinational organization that values diversity among its employees will have an organizational culture that stakeholders around the world will recognize, admire and respect. An organization that does not value diversity in the workplace, however, may reflect negative attitudes and discrimination toward diverse groups in its organizational culture. The organizational culture of a multinational corporation is easily reflected through its employees, products, services, and marketing efforts.

An organization with employees from diverse backgrounds shows multinational respect and demonstrates the corporation understands international cultures. It is important to prepare American employees for working and traveling in foreign markets. Employment rights and the right to be free from discrimination in employment are recognized internationally as a basic human right.

As more and more workers cross borders, they must be aware of human rights laws, global and cultural ethics, and code of conduct where the workplace is located. Diversity management is a priority for organizations who want to expand in international markets. Most companies do not train employees for international assignments. Training programs should include diversity for international cultures and workplace etiquette. Sometimes a foreign environment can seem alien or unethical. Employees must be able to recognize and accept business and societal norms that are quite different from their own. It is extremely important to provide training to American employees in preparation for their international assignment.


PB/July 2010 – Going Global Means Better Diversity Management

GOOD JOB DESCRIPTIONS ARE A MUST HAVE

Good job descriptions highlight the nature and level of the work performed and the job requirements. They are written for the job, not for a specific person. The first step in preparing your job descriptions is the collection of data. This should be done systematically, by gathering important facts about the job. Writing a good job description is often a challenging and difficult task. The data collected must be sifted, organized, and shaped into a clear, concise, complete, and accurate description. Experienced job analysts will use several methods for collecting key data elements: one-on-one interviews, direct observation, and the questionnaire. The goal is to produce a description, on its own, will document and support the evaluation assigned to it. An in depth written job description will hold up in case of litigation.

Guidelines

Job descriptions should be:
• Implemented after any planned reorganizations have actually occurred.
• Unbiased relative to a preconceived outcome or market data.
• Kept free from hidden agendas, such as perquisite or bonus-program eligibility.
• Kept up to date to make a proper contribution to employee compensation programs.
• Not based on current or proposed incumbents

Good job descriptions highlight the nature and level of the work performed and the job requirements. They describe and focus on the job itself, not for any specific person who might fill the job.

The components of a job description are:
• Nature of Work – The duties and responsibilities of the position.
• Level of Work – The skills, effort and working conditions involved in the job.
• Job Requirements – The educational, experience and training required for a person to succeed in the job.

How to Write Each Element of a Job Description

Here are some tips on how to write each key element of a job description:Job Title, Primary Job Function, Position Accountability/Scope, Core Job Responsibilities, Supervisory and/or Management Responsibilities, and Minimum Experience and Training Required.

1. Job Title

Use these tips to write appropriate job titles.

Describe the general nature and level of the work performed.

• “Clerk,” “Instructor,” or “Mechanic” (describes nature of work)
• “Senior,” “Lead,” or “Specialist” (describes level)
Are not discriminatory or insulting
• Use “Housekeeper” instead of “Cleaning Lady.” Use “Flight Attendant” instead of “Stewardess.”

Do not exaggerate the nature or level of the work performed.

• Use “Custodian” instead of “Sanitary Engineer.”

Use job titles that are relatively general in describing the work performed.

2. Primary Job Function

This summary states the general nature, level and purpose of the job. It should be no longer than four sentences and should provide an overview of the job in as few words as possible. Information on the responsibility level of the job is indicated by the incumbent’s autonomy (“works independently”) or (“works under close supervision”). This is especially important in describing non-supervisory jobs.

3. Position Accountability/Scope

When well-written, this:
• Describes the primary accountability's of the position.
• Describes the nature and magnitude of the impact of the position’s decisions and/or actions on its Division or on the Corporation if it is a corporate position.
• Indicates the job title of the direct manager to whom this job reports.
• Addressed dotted-line reporting relationships and informal “lead” duties in the duties and responsibilities section.

4. Core Job Responsibilities

In this section, include current duties and/or responsibilities which account for more than 5% of the incumbent’s time or are critical to the successful performance of the job.
• Use a standard writing format.
- Replace proprietary names with generic terms (i.e. names of specific software programs, names or numbers of internal forms).
- Avoid acronyms unless they are written fully before the first usage.
- Avoid gender-based language.
• Identify essential functions in the job to meet legal requirements. For Americans with Disabilities Act (ADA) purposes, essential is defined as:
- The reason the job exists.
- A limited number of employees available to distribute work.
- Functions are highly specialized and require expertise.
• All job descriptions should contain a disclaimer statement either in the major/core job responsibilities section or as a separate paragraph. Examples:
- “May perform other duties as assigned.”
- “The above statements are intended to describe the general nature and level of work being performed by people assigned to this job. They are not intended to be an exhausted list of all responsibilities, duties and skills required of personnel so classified.”

5. Supervisory/Management Responsibilities

Include a section on reporting relationships. Indicate how many employees may be directly and indirectly supervised by the person in this position.

6. Minimum Experience/Training Required

This section of the job description identifies the minimum job specifications required to perform the job.
• Identify the knowledge, skills and abilities, and behaviors necessary to perform the job competently such as:
- Vocational/special training, licenses.
- Work experience.
- Analytical/interpersonal skills.
- Physical or mental abilities.
- Demonstrated competencies.
• Describe bona fide occupational qualifications. An employer may not refuse to hire an individual because of his or her religion, sex or national origin unless that limitation is reasonably necessary to the normal operation of the employer’s business.
- Race can never be a bona fide occupational qualification.
- Be specific and realistic to ensure defensibility.
- Relate job specifications to what, why and how work is done.
- Guard against inflated specifications initiated by incumbents and/or supervisors.
- Qualify that the requirements are imposed on all employees equally.
- Ensure applicable legal and regulatory requirements are met.
• Avoid arbitrary education and experience requirements which cannot be validated.
• Be sure to write business-focused job descriptions that are not too general or too specific (see the following examples).

Education: Bachelor’s Degree (too general). Bachelor’s of Science, Mechanical Engineering from “Top Tier” school (too specific). 4-year degree in technical or scientific discipline or equivalent experience (e.g.5-years in product engineering role)(just right). Certifications (too general). CDE and MT certifications required (too specific). CDE or MT certification preferred (just right).

Experience: Computer Literate (too general). Minimum 20 years experience with all MS Suite products & financial software (too specific) Proficient with major Microsoft Suite programs and Quick Books preferred (just right). Good Communication Skills (too general). Minimum 20 years experience communicating highly technical information (too specific). Experience communicating technical information to non-technical audiences; medical field experience preferred (just right). Large Company Experience (too general). Minimum 20 years large company industry experience required (too specific). Ability to work in large/complex company environment preferred; (industry specific experience a plus) (just right).

7. Working Conditions

Describe any unpleasant or dangerous working conditions, travel required (determine the percentage of time), or unusual working times or workdays, and equipment used.


A good job description is the foundation of your organization's performance evaluation and compensation programs. It is also key to your recruiting and employment routine, and compliance with the American With Disabilities Act (ADA). Keep in mind the primary use of the job description is evaluation, compensation and legal defense.




PB/August 2010 - Writing A Good Job Description

Fair Pay Act of 2009

In 2005, I had the pleasure of speaking at the Today’s Woman Expo on Pay equity for women. At that time, I reported that several major studies showed that women—in almost every category—were paid less than men doing the same work. In 2008 studies from labor unions, as well as studies on vital statistics for professional women, show that the pay gap between men and women still exists.

Here is the update. Women earn approximately 78 cents on a dollar for every dollar a man earns in a year. More important, there is a major change in employment law.

On January 29, 2009, President Barrack Obama signed the Lilly Ledbetter Fair Pay Act of 2009 ("Act"), which supersedes the Supreme Court's decision in Ledbetter v. Goodyear Tire & Rubber Co., Inc., 550 U.S. 618 (2007). Ledbetter had required a compensation discrimination charge to be filed within 180 days of a discriminatory pay-setting decision (or 300 days in jurisdictions that have a local or state law prohibiting the same form of compensation discrimination).

The Act restores the pre-Ledbetter position of the EEOC that each paycheck that delivers discriminatory compensation is a wrong, and actionable under the federal EEO statutes, regardless of when the discrimination began. The Act has a retroactive effective date of May 28, 2007, and applies to all claims of discriminatory compensation pending on or after that date.

Lilly Ledbetter is perhaps the best-known face of pay equity. She worked for the Goodyear Tire & Rubber Company but discovered she was paid significantly less than male co-workers with the same job. She filed suit under Title VII of the Civil Rights Act of 1964 and was awarded back pay and other remedies in a jury trial. However, the U.S. Supreme Court, in a May 2007 5-4 decision, reversed that award, leaving others in Ledbetter's situation with virtually no recourse to pay discrimination.

Laws barring discrimination in education and employment give working women opportunities our mothers and grandmothers never had. Today, women work in many different fields, each requiring different skills and experience, and paying different wages. However, opening doors for women has not closed the door on pay discrimination. Equal pay is still a problem for many working women.

Let me clarify my point here. I want to educate you on a few issues on the topic of Equal Pay for Women and tell you what you can do if this is a concern of yours. My intent is not political—it is practical. Therefore, read this article for information—DO NOT go to your boss and say, “I need a raise because Pat Bagby says…” I promise you that will not get you an increase, even though you may deserve one.

Now, to give you some background on Equal Pay Issues: The differential in pay between men and women remains an issue in today’s workplace. Statistics show there is a tendency too undervalue a woman’s work and contributions.

The National Women’s Law Center, the AFL-CIO, and others say this difference is mainly the result of gender-based discrimination. It is important to recognize other factors that also influence the differential—education, occupation, skill, experience, race, and hours or time in the work force.

Women have earned more bachelor’s degrees than men since 1982 and they have earned more master’s degrees than men since 1981.

Interestingly, the wage gap is largest among the most highly educated groups. Some people say one of the causes for the pay gap is work/family choices. NOT TRUE! The facts show that pay equity—economic equity—is a simple matter of justice. Wage inequalities are not a result of women’s qualifications or choices.

Damages paid for pay inequities rage in millions of dollars, or—in some cases—billions. Some of the more widely publicized lawsuits involving equal pay and compensation include, Wal-Mart, Smith Barney and Morgan Stanley Dean Witter, Rent-A-Center, Texaco, Office Depot, and Home Depot.

Simply because a company or an organization has been sued does not mean it is guilty. When the notorious bank robber Willie Sutton was asked why he robbed banks, he famously replied, “Because that is where the money is.” Sometimes lawsuits are brought against large companies for the same reason. The prospect of expensive litigation and the accompanying negative publicity have prompted many organizations to forgo their day in court and settle. Again, just because an organization is sued or settles does not mean it is guilty.

HERE IS SOMETHING YOU MAY NOT KNOW: The Equal Pay Act applies to any employer that has two or more employees and is subject to the Fair Labor Standards Act. Some courts not only allow employees to sue their corporate employer, they also allow the employee to sue individuals such as managers and supervisors who control some aspect of their employment. According to these courts, managers and supervisors who exercise such control are just as much “employers” as defined by the Equal Pay Act as the corporate entity is.

Human Resource professionals are charged with ensuring that workplaces are free from discrimination. It is completely baffling why discrimination based on sex and race continues when so many HR professionals are women—members of a protected class! HR professionals—whether male or female—must live up to their leadership responsibilities and ensure that all employees, at all levels, understand the organizations’ policies and know that discrimination of any kind, from anyone, will not be tolerated. Otherwise, all the employment policies in the world, no matter how well conceived, will be meaningless.

Before companies can remedy pay inequity, they must understand how it can develop. Sometimes, inequities crop up when a company grows to fast or gets involved in mergers and acquisitions so quickly that it does not adequately monitor its employment data.

Another possible cause of gender pay inequity comes when companies do not have a corporate wide system for addressing compensation. In such cases, individual managers set their own rules—with potentially disastrous consequences; they make decisions without knowing the legal limitations involved in wage and selection decisions.

When companies do not have clear organization wide guidelines regarding pay, sometimes women may be ineffectively negotiating salaries. You may want to pick up a copy of the book WOMEN DON’T ASK: NEGOTIATION AND THE GENDER DIVIDE, by Ellen Babcock and Sara Laschever. Their premise is that women collectively leave millions of dollars in compensation on the table by not negotiating salaries.

If you should find yourself negotiating compensation, for a new position, I have a few tips for you.:
· Do Your Homework: Preparation is key in any negotiation. Understand what your skills are worth to the market. Go online, find salary surveys, and talk to people in the job associations, headhunters, and even other employers.
· Do Not Talk Salary Upfront: When a prospective employer wants you, the more that employer will be willing to pay to retain your services.
· Expand the Discussion Beyond Base Salary: Make sure you inquire about benefits and potential for bonus.
· Do Not Feel Compelled to Accept the First Offer: It may be just the starting point. However, do not overplay your hand.
· Only Negotiate What’s Important to You: Pick your battles, as hopefully, this is the beginning of a rewarding professional relationship.

Even if it is true that women do not negotiate well, companies are not absolved of liability. The Equal Employment Opportunity agencies pre-suppose that the vigilant employer, aware of its EEO obligations, will make sure that its compensation system is determining salary, rather than allowing aggressive candidates and passive hiring managers to make the decisions.

Equally important, the costs of underpaying people are clear: damaged morale, lower productivity, and higher rates of attrition, all of which are costly—especially attrition. As important as it is to pay employees equitably, it is also important to give them equal access to promotions.

Despite the Equal Pay Act’s general requirement of pay equity between men and women, several legitimate and lawful reasons still exist for paying a man more than a woman. Those reasons must be bona fide job qualifications

Here is the big question: What can you do if you believe there is inequity in your company? Carefully examine your company’s pay practices, including seniority systems, merit systems and incentive systems. Make sure you know what duties each job in your organization entails, what working conditions the jobs are performed under and what skill and effort are required to do each job. Use this information to evaluate which jobs in your company are entitled to equal pay under the Equal Pay Act.

Look closely at male dominated and female dominated jobs. These jobs may look different on the surface but may be equal under the Equal Pay Act if they require equal skill, effort, and responsibility and are performed under similar working conditions. If you can prove that differentials are based solely on gender, work with human resources and your employer to make the relevant wages more equitable. You and your co-workers can encourage your employer to implement a pay equity policy.

If your company does not have a human resources department, you can ask your employer to hire an outside consultant for assistance. You need someone who is objective and has the knowledge and skill to develop a job evaluation system.

Keep in mind that the Equal Pay Act makes it unlawful to reduce the pay of one gender to match the lower pay of the other. Instead, you must raise the pay of the employee who is being paid less. Although this will cost the company money, it is much cheaper than the penalties it will pay for violating the Equal Pay Act.

The Federal Equal Employment Opportunity Commission enforces the Equal Pay Act and Title VII, as well as several laws barring discrimination. If you believe you have been denied a job, paid less, passed over for promotions or discriminated against in other ways because you are a woman, you can file a complaint with the EEOC office in your area.

The best reason to close the pay gap relates to the relationship between human capital and the bottom line. When people with a large knowledge base about a company walk out the door, it is expensive to replace them and rebuild that knowledge base.

Equal pay is not just a working women’s issue; it is a family issue. If we ended pay discrimination against women, family incomes would rise. Working parents would have more to spend on household needs and more to save for their children’s education or their own retirement security. Working parents might be able to spend less time at work and more time with their families, a change that many families would welcome.

Single women would have more money to spend to improve their skills and their quality of life. These are just some of the of the benefits gained from eliminating discrimination in pay.

If you are aware of unexplained differences between your own compensation and coworkers’ compensation and believe that the difference is because of your race, color, religion, sex, national origin, age, or disability, you should call 1-800-669-4000 or 1-800-669-6820 (TTY) for more information on filing a charge with the EEOC.

Technology Creates Challenges for the Workplace
Written by
Patricia Bagby

With the new technology, there are many options for monitoring the workplace and employees whether it is on camera, through spyware, or GPS. Cell phones are everywhere—in pockets, purses, briefcases, or hanging from belts.

The widespread use of cellular phones for personal and business reasons have created a variety of issues employers need to address. For example, while many companies have policies regarding personal telephone calls at work, they do not always address the use of personal cell phones at work. Built in cameras can pose even greater workplace dilemmas. Let’s not forget about e-mails, text messaging, and blogs.

A while ago, the New York City Board of Education terminated a supervisor for leaving early and falsifying his time sheets. The administrators noticed multiple discrepancies between where the employee should have been and where the GPS receiver built into his employer provided cell phone showed he actually was. They had tracked his movements for five months. In response to the GPS data, the Board terminated his employment. The supervisor, a twenty-one year veteran in the school system, tried to fight the termination saying he was never informed the phone could be used to track his movements, and questioned the accuracy of the data. The administrative law judge upheld the termination, finding him guilty of submitting false records.

A much greater issue is the potential liability a company could face for employee accidents that occur while engaged in business related phone conversations behind the wheel. Employers have been sued for accidents caused by employees while they were using cell phones to make sales calls, talk to clients and call co-workers, despite evidence that the calls were made after hours and no evidence that the employee was conducting any other type of business on behalf of the employer. Several of these lawsuits have involved liabilities for serious injuries or fatalities and have resulted in million-dollar judgments against and/or settlements by the employer.

Cell phones are a known factor contributing to some vehicle accidents. Five states (California (effective 7/2008), Connecticut, New Jersey, New York and Washington), the District of Columbia and the Virgin Islands have enacted jurisdiction-wide cell phone laws prohibiting driving while talking on handheld cell phones. Many other states ban cell phone use in specific situations. Ultimately, these types of laws might make it easier to hold an employer liable for damages caused by an employee’s cell phone use. Individuals who violate state and local laws for hand held cell phone use are subject to fines.

Because cell phone laws differ from state to state, employers must take particular care to stay on top of laws of the states in which its employees are traveling and working. In addition, employers could face allegations that they were negligent to permit (or encourage) employees to use cell phones or negligent by providing the employees with cell phones without adequate training or warnings about dangers associated with using them.

This is a good time to visit your company policies on electronic communications and cell phone use to balance the benefit of timely communication, workplace distraction, and safety hazard. Make sure that employees know the law, your policy, and the practical issues associated with cell phone use while driving.

A Survival Guide to At-Will Employment

Written By

Patricia Bagby

Do you know the varieties of circumstances that govern your actions when it comes to managing your work force? There was a time when employers never doubted their ability to hire and fire freely. The hiring process was simple. You hired someone and if the individual did not work out, you fired him or her.

Many employers say they feel overwhelmed by the myriad of workplace regulatory laws governing wages, working conditions, and their employees. You cannot discriminate—or appear to discriminate—based on sex, sex orientation (many states, including California), race or ethnic background, age, national origin, religion, disability, medical condition (many states, including California), or veteran status.

The number of relevant employment laws continues to grow, and the language is sometimes difficult to interpret. This does not mean you have lost your right to hire and fire at will. You must know the potential pitfalls of federal, state, and local government laws so that will you will be able to exercise your right to choose whom you think best suited for the job.

I suggest you put your emphasis on preventive action, not defensive action later. To avoid problems, your best bet is to understand the federal laws prohibiting discrimination. Generally, state and local laws duplicate federal laws; and in California, some laws may be more stringent than the federal law. The rule is that the stricter law applies. Exemptions for small firms—usually defined as having fewer that 15 employees—may be on their way out. Make sure you consult with your legal advisor or human resources consultant.

Your first challenge is recruitment. It is difficult to conduct effective interviews. Your recruitment process must be bias free and able to withstand a search for discriminatory language or practice. For example, it is illegal to ask prospective employees about their health, or their age. You cannot even make an educated guess or ask questions that would elicit his or her age, without potentially facing an age discrimination suit.

This is why many companies leave the initial interviewing to the pros—either in-house human resources personnel or outside experts. Even if you meet the candidate only in the final round, you will need to watch what you say, to avoid interpretation as discriminatory. Limit your questions to real-life circumstances at your company and be sure you ask the same questions of all applicants.

At-will employment means that an employer can hire or fire workers at any time, for any reason or no reason at all. However, federal and state regulations have carved out numerous exceptions. You must learn to use the employment laws to your advantage when making business decisions.

Although there is a general presumption that employment relationships are at-will, courts in more than 45 jurisdictions have refused to apply that assumption in recent cases. Be careful when you make decisions and note that few employment relationships are truly at-will.