July, 2008

Hello to all ...

I guess the Arizona heat has finally taken its toll - I have been sluggish this month and almost missed the deadline for this month's newsletter! I hope you are staying cool wherever you are. Sit back, relax and read the interesting articles we have for you.

This month, because we are in the heart of summer and because many offices are a bit quieter than normal ... I have chosen two topics that provide some good "thinking material" for any quiet time you find in these next few weeks.

My main article is on the "intangible traits" of a performance review. Hmmm ... check it out ... it is very interesting! It's found further down on this page.

Before you go there, here is a short article on how to keep yourself out of trouble when providing references. As mentioned in the article, what you say or "don't say" can get you into a pile of trouble.

Steps To Avoid Job Reference Litigation

Providing meaningful job references has become an increasingly difficult task for employers. The well-intentioned employer is stuck between a rock and hard place, seeking to provide helpful information on one hand, while wanting to avoid potential liability on the other. As most employers are aware, often, what you say – or even what you don't say – can land you in court. This problem only gets worse in the current economy. When terminated employees have problems finding a new job, they have time to focus more on their former employment, and often become convinced that they cannot find new employment because of a reference a former employer may have provided. The result is an increase in what is called "job reference litigation," in which a former employee brings an action for defamation or other claims against a former employer because of a negative job reference. Although the specific elements of a claim for statement may differ from state to state, a statement generally may be considered defamatory if it causes shame, disgrace, or a bad opinion of the individual in the minds of others. Normally, a person claiming defamation must show a specific, identifiable financial loss; however, when the statement tends to injure an individual's professional reputation, a plaintiff may not be required to show financial injury, but rather, only that his or her reputation was damaged in the eyes of others. While it is impossible to eliminate the threat of a defamation claim completely, employers can take certain steps to reduce the threat and limit liability. First, be consistent. Every employer should establish, disseminate, and enforce a written policy regarding what information it will provide in a reference and who is qualified to give the reference. Communicate the policy to all employees. For most employers, simply communicating the dates of employment, positions held, and ending pay will be an effective way to respond to requests for references. Do not give the reason for termination or whether the employee is eligible for rehire, or any personal information regarding the employee. Finally, only provide references at the request of an employee or prospective employer. Have employees authorize the information to be released with a signed waiver. Respond to oral requests from other companies with a call back to verify that the request is legitimate, or require that the request be submitted in writing on company letterhead. Document all requests for references by including the party requesting the information, the purpose for which the reference is requested, and the information that is provided. Following these steps can greatly reduce the risk of job reference litigation.

written by Stanford G. Wilson and Lisa N. Knottek

This Month's Quiz!
 
We talked about E-Verify in last month's newsletter. How well do you remember?

What is E-Verify?
 

1. A government-run system that allows participating employers to check the criminal histories of current employees and applicants. The program is voluntary under federal law, but some states require employers to use it.

 

2. A drug-testing program that the Federal Bureau of Investigation administers.

 

3. An Internet-based system operated by the Department of Homeland Security in partnership with the Social Security Administration (SSA) that allows participating employers to verify electronically the employment eligibility of their newly hired employees.

 

4. None of the above.


Answers found at the end of our main article.


Let's go on to our main article now ....

As part of the performance-review process, supervisors are typically called upon to evaluate employees on the basis of intangible factors, such as cooperativeness, dependability and judgment. The higher up the organizational chart, the more important those traits become.

Yet most supervisors find intangibles the most difficult factors to evaluate, probably because they seem so personal.

Rather than assessing concrete behavior, you may feel as though you are evaluating someone's personality or human merit. While intangible factors may seem personal, they're important to maintaining effective working relationships and getting the job done.

Match Traits to the Job

One key to assessing an employee's intangibles is to ask yourself which traits are vital for each job. Cooperativeness may be critical for a staffer working on a team, but not for a security guard working the night shift. Initiative would be key for a product development manager, but less so for a payroll clerk.

Before performing an employee's review, critically review the intangible factors included in the person's performance standards. You should be able to comfortably answer the question: "Why is this employee rated on this measure?"

Remember, every performance measure should be rooted in a concrete operational goal.

Match traits to Behavior

You can't help being subjective when evaluating intangible factors. But you can avoid bias by focusing on concrete examples of instances in which the employee displayed positive or negative behavior regarding a particular trait.

Keep good documentation during the year, preferably by keeping an ongoing, simple performance log for each employee. It should track specific examples of the person's positive and negative performance and behavior. Include notes on intangibles as you go.

When it's time to discuss intangibles during feedback or formal review, do your best to tie those traits to tangible examples of workplace wins and losses.

For example, you might say, "I was pleased by your efforts to solve that customer's problem last week. You defined the problem, considered possible causes, brought together a team and solved the issue quickly. Your actions demonstrated initiative and sound judgment; you didn't try to do it all yourself. You took responsibility for solving the problem, but you knew when to ask for help."

_______________________

Here's a Performance-Review checklist that you can use when evaluating employees' intangible characteristics :

PLANNING

1. Does the employee set verifiable short- and long-term goals?

2. Are the employee's goals in tune with company needs

3. Does the employee's planning show sound assumptions reflecting the company's goals and resources?

4. Does the employee typically achieve expected results?

ORGANIZATION

5. Is the employee aware of what is going on in his or her department, including who is doing what?

6. Does the employee know what the department can do in an emergency?

7. Does the employee do a good job of delegating work according to subordinates' abilities?

INTELLIGENCE

8. Does the employee see relationships between facts and draw appropriate conclusions quickly?

9. Does the employee learn from experience?

JUDGMENT

10. When confronted with an emergency, does the employee quickly recognize the most important priorities?

11. Does the employee appreciate the financial implications of his or her decisions?

12. Does he or she make decisions quickly, but not hastily?

INITIATIVE

13. Does the employee anticipate what has to be done?

14. Does the employee perform well in the absence of superiors?

15. Has the employee made original suggestions to improve operations?

LEADERSHIP

16. Does the employee explain rather than command?

17. Do people listen closely when he or she speaks?

18. Does the employee spell out the benefits of doing things his or her way?

19. Does he or she deal smoothly with unexpected developments?

Copyright © 2008 NIBM. All rights reserved.

---

Answers To Our Quiz

3 is correct - An Internet-based system operated by the Department of Homeland Security in partnership with the Social Security Administration (SSA) that allows participating employers to verify electronically the employment eligibility of their newly hired employees.

Explanation:

As required by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and the Basic Pilot Program Extension and Expansion Act of 2003, the Department of Homeland Security (DHS) has established E-Verify (formerly known as the Basic Pilot/Employment Eligibility Verification Program). E-Verify is an Internet-based system operated by the DHS in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. According to DHS, the program is currently the best means available for employers to verify the information that their newly hired employees have provided on Form I-9. E-Verify involves verification checks of the SSA and DHS databases using an automated system to verify the employment authorization of all newly hired employees. Participation in E-Verify is voluntary and is free to participating employers. On June 6 Gov. Bush signed an Executive Order requiring government contractors to use this system or face debarment.
(c) hr.blr.com

TWO FINAL THINGS TO REMEMBER!

First a reminder to our Arizona readers and those of you who might be federal contractors.

MJ Management Solutions has been certified by the Department of Homeland Security and the Social Security Administration as a "Designated Agent" for the purposes of using the E-Verify system. Instead of employers taking the training and certification test to process their new employee I-9 forms, the law allows this task to be outsourced to certified Designated Agents. So, if you have not yet registered, contact us to discuss how we can handle this task for you.

---

Don't Forget To Access Our WebForms.
Answer All Your Human Resource Needs!

• Manage Your Day-to-Day Non-Profit or Small Business
• Organize All Necessary Human Resource Information


• Promote Legal Compliance Within Your Organization.

Click Here To Know More!

ABOUT MJMS, INC.

President and Principal Consultant: Margaret Jacoby, PHR

Margaret Jacoby has more than 25 years of Human Resources and professional management experience in a variety of industries. She has designed human resources infrastructure and implemented systems to ensure compliance with state and federal employment laws. She has directed high quality human resources functions for small and emerging businesses, and served as an external consultant to a wide range of diverse organizations, including non-profits.
 
Her work has included: 

• Conducting H.R. Needs Assessments
• Drafting employee handbooks and policy manuals
• Conducting job analysis and developing position descriptions
• Conducting on-site compliance audits
• Counseling management on progressive discipline
  
• Drafting and review of employee disciplinary actions
• Providing mediation in employee/employee conflict
  
• Training employees/supervisors/managers in the implementation of human resources systems and policies such as Sexual Harassment
• Conducting workshops for business owners on H.R. compliance issues.

 
Ms. Jacoby has earned the nationally-recognized certification of Professional in Human Resources (PHR) from the HR Certification Institute, Society for Human Resource Management (SHRM).
 
Ms. Jacoby's professional affiliations include:

• Professionals in Human Resources Association (PIHRA)
• Society for Human Resource Management (SHRM)
• National Association of Women Business Owners (NAWBO), Los Angeles and Phoenix
• California Chamber of Commerce


• Arizona Small Business Association (ASBA)
• Long Beach Community Business Network (LBCBN)
• Institute for Management Consultants (IMC)