Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘Human Resources’

HR Has Never Been on the Side of Workers. #MeToo Is More Proof.

Monday, January 8th, 2018

After human resources was informed in 2014 that Emily Nestor, former front desk assistant for the Weinstein Company, was allegedly sexually harassed by Harvey Weinstein, company officials reportedly informed Nestor that any complaints would be directly reported to Weinstein himself. 

And when Helen Donahue, a former Vice employee, complained to human resources in 2015 that Jason Mojica, the head of Vice News at the time, had non-consensually groped her, she says she was told by then-human resources director Nancy Ashbrooke to “forget about it and laugh it off.”

Engineer Susan Fowler says that when she complained to Uber’s human resources department that a manager had propositioned her for sex, she was instructed to either move to a different job at Uber or continue working for her alleged harasser. A manager later threatened to fire Fowler for registering the complaint with human resources, she claims.

As #MeToo testimony shines new light on these industries’ cultures of rampant sexual violence, the complicity of human resources is a thread running throughout several stories of predation and retaliation. While some have presented HR departments as a solution, the above experiences make clear that HR is at best a distraction from the real solution to workplace abuse: collective organizing led by, and accountable to, workers themselves. As unions and worker organizations have long recognized, workplace abuse will not be corrected by benevolent management—it must be defeated by worker power.

Presented as neutral arbiters, human resources departments in fact report to management and function to shield bosses from repercussions. They emerged from early anti-union efforts and social-control initiatives implemented by notorious industry titans like the Ford Motor Company—and today often house top-down efforts to undermine worker solidarity and protect companies from lawsuits. Some labor historians and organizers tell In These Times that the present climate offers an opportunity to dispense of the falsehood that human resources departments exist to protect workers.

“Human resources departments exist primarily to keep the employer from being sued,” author and longtime labor organizer Jane McAlevey tells In These Times. “While they may play functional bureaucratic roles, the chief purpose of HR departments in my experience—after a lifetime in the labor movement—is to protect the company, not workers. Obviously they will be totally ineffective to address the sexual harassment crisis in this country.”

As Weinstein and others of his ilk now fall from grace, any effective postmortem must examine human resources among the structural foundations that uphold powerful men as they perpetrate large-scale harm.

“Treating labor as a commodity”

According to the anti-harassment policy of the Society for Human Resource Management, human resources departments are in place to help employers “prevent, correct and discipline behavior” that qualifies as “unlawful discrimination or harassment of any kind.”

Yet, the history of human resources departments tells a different story.

Elizabeth Anderson is a professor of Philosophy and Women’s Studies at the University of Michigan and author of Private Government: How Employers Rule Our Lives (and Why We Don’t Talk About It). She tells In These Times that the roots of modern-day human resources can be traced to initiatives like the Ford Motor Company’s “Sociological Department,” established in 1914. With its introduction of a $5-per-day pay rate, deemed a boost at the time, the company established codes of conduct to ensure that workers were sufficiently orderly and worthy of this sum. The Henry Ford, an organization that oversees a museum in Dearborn, Mich., describes this program:

The Sociological Department monitored employees at home, as well as on the job. Investigators made unannounced visits to employees’ homes and evaluated the cleanliness of the home, noted if the family had renters, checked with school attendance offices to determine if children were attending school and monitored bank records to verify that employees made regular deposits. Sociological Department investigators also assisted workers’ families by teaching wives about home care, cooking and hygiene.

“They really said they were going to govern workers’ lives,” says Anderson, explaining that such efforts were often aimed at “Americanizing European immigrants.”

In the 1920s and 1930s, the Australian sociologist Elton Mayo oversaw a series of experiments at Hawthorne Works, a Western Electric factory in Cicero, Ill. Researchers examined the impact that changes in conditions—for example, brightening and dimming lights—had on workers’ productivity. He concluded that workers perform better when researchers show interest in them—that the perception of attention and interest can itself boost output. The principle that attention is a key workplace motivator became the bedrock of the field of “human relations.” This field influenced companies to create human resources departments to give the appearance that workers are cared for and tended to.

But Peter Rachleff, a labor historian and executive director of the East Side Freedom Library in St. Paul, Minn., tells In These Times that there is a significant gap between appearance and reality.How can you get more of this commodity for less? How can you get more labor produced by that commodity? That’s the grounding of human resources,” he says.

“Where union busters set up camp”

Early human resources departments also had other aims. Peter Cappelli, professor of management at the University of Pennsylvania’s Wharton School, tells In These Times that human resources departments emerged as “a more serious development with the rise of unions. Companies started to see them as a way of keeping unions out. They put in place practices that would buy out discontent.”

“These departments are not set up by the government, and their job is not to protect employees,” emphasizes Cappelli. “These are private organizations.”

With a spate of anti-workplace-discrimination laws and orders passed in the 1960s, including the Civil Rights Act, the focus of human resources shifted to protecting companies from lawsuits. “The idea was [companies] could shield themselves, and workers could be obliged to report their complaints to the internal process,” explains Anderson. “You get a huge incentive for larger corporations to set up human resources departments to shield themselves from liability.”

Today, human resources departments often operate in concert with efforts to undermine unions and other forms of worker organizing. In just one example, the National Labor Relations Board filed a complaint against Tesla in August 2017 charging that the company’s security guards and human resources personnel directly intimidated workers at a Fremont, Calif., factory for distributing pro-union materials—and ultimately forced them to leave the premises. The complaint states that a human-resources official “interrogated” an employee about “the employee’s Union and/or protected, concerted activities and/or the Union and/or protected, concerted activities of other employees.”

As McAlevey puts it, “The human resources department is the traditional place where union busters set up camp—the office out of which union-busting firms will run union-busting campaigns.”

Of course, the absence of a human resources department is not a good in itself, and abolishing HR wouldn’t fix the problem. As Aída Chávez reported January 5 for The Intercept, The New Republic, AlterNet and The Nation Institute “had no real HR when abuses occurred” (Full disclosure: This author is a prior employee of AlterNet and formerly received reporting funding from The Nation Institute’s Investigative Fund.)

While noting that “such departments are no panacea,” Chávez argues that “the absence of any HR department at many small news outlets creates a unique vulnerability for employees, whose fates may rest entirely in the hands of their often charismatic leaders or founders.”

And indeed, the problem of retaliation and intimidation encompasses the vast majority of industries, with or without HR. A 2003 study referenced by the federal U.S. Equal Employment Opportunity Commission “found that 75 percent of U.S. workers who spoke out against workplace mistreatment faced some form of retaliation.”

Organizers have long argued that the solution to workplace harassment lies in building collective solidarity among workers—and tilting the balance of power away from institutions that are under the control of management, including but not limited to human resources.

There is no shortage of organizing efforts lighting the way. The Coalition of Immokalee Workers (CIW) highlights its worker-led Fair Food Program as a bottom-up strategy to protect some of the most vulnerable workers in the United States from a plethora of workplace atrocities, including sexual violence and slavery. The program includes a 24-hour, independent worker-complaint hotline, and worker-led political education and organizing programs. Through broad-based campaigning, CIW has forced 14 food industry giants to join their labor agreement.

From the fields to the factories, union and worker center members engage in day-to-day efforts to protect each other, by staging direct actions, organizing and enforcing contracts, and extending support and solidarity, in the many forms that takes. As McAlevey puts it, “What changes is if you have a union.”

This article was originally published at In These Times on January 8, 2018. Reprinted with permission. 

About the Author: Sarah Lazare is web editor at In These Times. She comes from a background in independent journalism for publications including The Nation, Tom Dispatch, YES! Magazine, and Al Jazeera America. Her article about corporate exploitation of the refugee crisis was honored as a top censored story of 2016 by Project Censored. A former staff writer for AlterNet and Common Dreams, Sarah co-edited the book About Face: Military Resisters Turn Against War.

13 Things Every Teen Needs To Know About Workplace Rights

Wednesday, May 29th, 2013

donna ballmanSchool’s out for summer! Or it will be soon, and many teens will start summer jobs or even their very first real job. Yet schools do little, if anything, to prepare teens for the realities of the workplace. I’m always shocked when I encounter teens whose parents drag them to me after they suffer workplace abuse with no idea they have any rights at all.

So, if you’re a teen entering the workplace or thinking of applying for a job, read this. If you’re a parent, friend or relative of a teen who is entering the workforce, please print this and show it to them.Here are 13 things teens need to know about workplace rights that their school probably didn’t teach them:

1. Minimum Wage: Federal minimum wage is $7.25 per hour. However, there is something called the youth minimum wage, which means that for the first 90 calendar days of any new job you can be paid as little as $4.25 per hour if you are under 20State minimum wages may be higher. Here in Florida, the minimum wage is $7.79. Tipped employees may be paid a minimum wage of $2.13/hour as long as their wages including tips equal at least the higher of the state and federal minimum wage. State minimum wages for tipped employees vary. In Florida, it’s $4.77/hour. More details about wages can be found here.

2. Hours: If you are under 16, under Federal law your work hours are limited. You can’t work during school hours at all, and you can’t work more than 3 hours on a school day, including Friday; more than 18 hours a week when school is in session; more than 8 hours a day when school is not in session; more than 40 hours a week when school is not in session; and before 7 a.m. or after 7 p.m. on any day, except from June 1st through Labor Day, when you can work until 9 p.m. Federal law doesn’t limit work hours for teens 16 or older, but yourstate laws may. For instance, Florida law says if you’re under 18 you can’t work during school hours (with exceptions), and that if you’re 16 or 17 you may only work up to 30 hours per week, not before 6:30 a.m. or later than 11 p.m. and for no more than 8 hours a day when school is scheduled the following day, and for no more than 6 consecutive days.

3. BreaksFederal law doesn’t require any work breaks. However, many states require work breaks, especially for workers under 18. In Florida, workers under 18 are not allowed to work more than 4 consecutive hours without a 30 minute uninterrupted work break. For breaks of more than 20 minutes, employers don’t have to pay. Breaks 20 minutes and under are hours worked that need to be paid.

4. Sexual Harassment: If your boss, coworker, customer, vendor or potential boss is harassing you because of your gender or gender identity, that’s sexual harassment, and it’s illegal. This includes unwanted sexual advances, requests for sexual favors, offensive comments about men or women in general, off-color jokes, touching, and other harassment that is either so severe or so frequent that it alters the terms and conditions of your employment. A single offhand comment may not be sexual harassment, but a single incident that is severe could be. As a minor, you have added protection. Any adult sexually harassing you is probably committing a crime, and could be a sexual predator. It is really important that you read the company’s sexual harassment policy when you start working and write down where you are supposed to report it if it occurs. You don’t have to be afraid, and you should not let yourself become a victim. People you can and probably should report sexual harassment to are your Human Resources department at work and your parents. If you’ve been touched, then you may want to contact the police. If you see someone else being sexually harassed, you should report it. Harassers will keep doing it, and their behavior will get worse, unless an adult stops them.

5. Contracts: In most states, if you’re under 18 you can’t be bound by a contract, including an employment contract. You (or your parents) can void a contract you’ve signed while underage. However, once you turn 18, you probably can’t void it anymore. Employment contracts might have provisions saying you can’t work for a competitor for a year or two, waiving your right to a jury trial, confidentiality obligations, and other important clauses. If you are asked to sign a contract, always read it and keep a copy once you’ve signed. If you don’t understand it, talk to your parents or an employment lawyer in your state about it.

6. Internships: While many teens take unpaid internships for the summer, most employers get internships wrong. If your internship is not a real learning experience for you, then you probably have to be paid for the work you do. An internship is supposed to be training similar to that you would receive in a vocational school. Filing, stuffing envelopes, and answering phones should normally be paid. Internship assignments should build on each other so you develop more skills, similar to the way each chapter of a textbook builds on the other. You should be getting training that benefits you, and you should be getting more benefit than the company. If they can make money off what you’re doing, or if you’re saving them from having to pay another employee, you probably have to be paid.

7. At-will: If you live anywhere but Montana, your employment is probably at-will, meaning your employer can fire you for any reason or no reason at all (with some exceptions). They can fire you because they’re in a bad mood, because they didn’t like your shirt, or because you lipped off to them like you lip off to your parents. Exceptions that would make a firing illegal include firing due to discrimination, making a worker’s comp claim, and blowing the whistle on illegal activity of the company. If your boss tells you to do something that isn’t illegal (or sexual harassment), then do it. No eye-rolling, back-talk or attitude.

8. Social Media and Cell Phones: You are expected to work during work hours. That means no texting, emailing, calling, tweeting, instagraming, facebooking, downloading, or surfing at work, unless it’s work-related. If you check your texts, emails, or social media on a company computer, cell phone or other device, the company probably has the right to look at it. If you view or send inappropriate pictures, jokes, or videos, you can be fired for doing so. There is very little privacy in the workplace, and you have few rights. Assume you’re being watched at all times at work and you won’t go wrong. Oh, and remember all those party pics and embarrassing photos you posted before you started applying for work? Employers and potential employers can see them. You probably want to check your social media pages and pull down anything you can that might be inappropriate for an employer to see.

9. Human Resources: If your employer is big enough, you probably have someone who is designated as the Human Resources person or a whole department called “Human Resources.” It may be referred to as HR. This is the place to go for information about work rules, to report sexual harassment or discrimination, and you’ll probably have to go there on your first day to fill out a stack of forms. While they can be very helpful if you have questions or concerns, they aren’t your buddies. Human Resources represents your employer, not you. They aren’t your mom or your best friend, so don’t go to them with every petty complaint, confess you did something wrong, or tell them about the wild party you went to over the weekend. Keep it professional.

10. Discrimination: Discrimination against you for being you isn’t illegal. However, discrimination and harassment due to race, sex, sexual identity, national origin, disability, religion, color, pregnancy and genetic information are. In some states, there are more categories of illegal discrimination. For instance, in Florida it’s illegal to discriminate against you because you’re too young or because of marital status. Whether sexual orientation is a protected category depends on your state and local law. No federal law bars sexual orientation discrimination.

11. Bullying: While your school might have zero tolerance for bullying, your workplace may be a bullying free-for-all. No federal or state law exists that prohibits workplace bullying. However, workplace bullies are very much like school bullies: they focus on the weak and the different. If you need to complain about a bully, make sure you do it in a way that’s protected. If the bully is picking on the weak, are they weak because of a disability, pregnancy, or age? If they’re picking on the different, is the difference based on race, national origin, age, or religion? If you report illegal discrimination, the law protects you from retaliation. If you report bullying, no law protects you.

12. Dangerous Work: It is every employer’s duty to maintain a safe workplace. If you think your workplace is unsafe, you can contact the Occupational Safety and Health Administration (OSHA) to report dangerous conditions and get more information. Certain jobs are deemed too hazardous for teens under 18 to do. A plain English description of the 17 jobs considered too dangerous for minors is here. There’s a different list for agricultural workthat applies to workers under 16.

13. What Kind Of Work You Can Do: Depending on your age, there may be limits on the type of work you can do. If you are under 14, you can work, but your options are limited. You can deliver newspapers, babysit, act or perform, work as a homeworker gathering evergreens and making evergreen wreaths, or work for a business owned by your parents as long as it’s not mining, manufacturing or one of the occupations designated as hazardous. If you are 14 or 15, you can do things like retail, lifeguarding, running errands, creative work, computer work, clean-up and yard work that doesn’t use dangerous equipment, some food service and other restaurant work, some grocery work, loading and unloading, and even do some work in sawmills and wood shops. We’re talking non-manufacturing and non-hazardous jobs only. If you are 16 or 17, you can do any job that isn’t labeled as hazardous.

The Department of Labor has a website where you can get more information about employment laws that apply to teens. An interactive advisor about federal law may be foundhere.

Of course, my book Stand Up For Yourself Without Getting Fired can help anyone new to the workplace since it covers how to handle workplace crises and issues from the interview and application, to your first day and that giant stack of papers, to workplace disputes, to promotions, to termination, and even post-termination.

This article was originally printed on Screw You Guys, I’m Going Home on May 24, 2013.  Reprinted with permission.
About the Author: Donna Ballman is the award-winning author of Stand Up For Yourself Without Getting Fired: Resolve Workplace Crises Before You Quit, Get Axed or Sue the Bastards.  The book won the Law category of the 2012 USA Best Book Awards.  She’s been practicing employment law, including negotiating severance agreements and litigating discrimination, sexual harassment, noncompete agreements, and employment law issues in Florida since 1986.  She also leads her legal team at Donna M. Ballman, P.A.

Holding Yourself Back

Monday, January 3rd, 2011

Image: Bob RosnerThis is a first, this week’s blog is a letter to a friend. But I think the message applies to a many people out there. Heck, if the shoe fits, consider this your New Year’s Resolution…

Dear R.

If Eskimos have many different words for snow, you have a similar huge repertoire of ways to put yourself down, to diminish your accomplishments. I wish you could watch yourself, you’re ruthless at attacking any compliment that’s thrown your way. It’s like a more efficient version of the old Star Wars missile defense shield, every compliment is shot down long before it reaches its intended target.

Okay, I think a little self-doubt can be a great thing. Lord knows, a number of people have told me that through the years. But in your case you not only don’t get the buzz off people saying nice things about you, you put energy into attacking what they say. It must be incredibly tiring.

I have a simple rule. If all of the people around me believe that I’ve got what it takes to get the job done, even if I have my doubts, I can be persuaded to accept their point of view. Especially when the people who are tossing bon mots are clearly experienced, savvy and insightful.

So here is your homework assignment. Practice saying, “Thank you Bob.” “Thank you J.” “Thank you D.” Don’t let Nancy Negative take hold, just practice the art of graciously accepting compliments tossed your way. Given how few and far between they are for most of us, it’s a silly source of fuel for you to squander.

40 hours a week is tough enough. Treat compliments like the ballast that allows you to survive the workplace grind. In fact, I even know people who keep a file of nice things that have been written to them. One woman, would even write down compliments that were said to her and put then in her file. She calls it her “victory file” and she reads it on those tough days when everything is going wrong to put herself back into a more positive frame of mind.

You might never get rid of those negative thoughts rattling around inside your head. That said, just because they’re there, doesn’t mean that you have to listen, or act, on them. You can just let them fall on deaf ears. Your own.

Again, I’m a fan. I think you have a lot of potential for helping to take us to the next level. But we all need you to stop beating yourself up and putting all that energy into moving all of us forward. We can afford to squander any energy with the challenges that lay ahead of us.

So please consider this a pat on the back. And a kick in the butt.

About The Author: Bob Rosner is a best-selling author and award-winning journalist. For free job and work advice, check out the award-winning workplace911.com. Check the revised edition of his Wall Street Journal best seller, “The Boss’s Survival Guide.” If you have a question for Bob, contact him via bob@workplace911.com.

Be The Change You Want to See

Monday, October 18th, 2010

Image: Bob RosnerRecently I saw an excellent speaker at an HR conference. She was enthusiastic, smart, well read and incredibly informed on her subject. Her topic was increasing employee involvement and I was very interested in her presentation.

Turns out she’d worked for a big company and she’d pioneered using online bulletin boards to solve work, and non-work related problems, by giving them a common space to solve problems. She gave examples of corporate problems that were solved quickly and efficiently. There was even a story about a worker who was able to locate a donor match for surgery quickly and efficiently.

There was only one problem, she never got the audience involved. During previous sessions speakers got the audience involved asking questions, making comments and offering solutions. It was truly an interactive experience.

But during the talk on employee involvement, nada. One person asked a question in ninety minutes. One.

Her session had great information. But she never modeled the topic she focused on, getting people involved.

We all have to be careful when we try to cut the same kind of corners at work. We should understand that our words are important, but not usually the most important part of our presentations. No, there is often a much bigger message that we need to understand and respect if our message is to gain maximum leverage for our audience.

It’s our actions. Read the speech that you’re about to give to see if your actions are aligned with it.

If they aren’t aligned, you’ve got options. You can increase your walk. You can decrease your talk. Anything to get them aligned will help the cause. Yours!

About The Author: Bob Rosner is a best-selling author and award-winning journalist. For free job and work advice, check out the award-winning workplace911.com. Check the revised edition of his Wall Street Journal best seller, “The Boss’s Survival Guide.” If you have a question for Bob, contact him via bob@workplace911.com.

HR—Friend or Foe

Monday, July 19th, 2010

Image: Bob RosnerLast week a friend stopped by who’d just been riffed by Microsoft (reduction in force, for the luckily uninitiated).

She spoke angrily about the HR woman who answered most of her questions wrong concerning her severance and departure from the company. Initially my friend was told there was no severance beyond six weeks and her layoff would leave her just short of the date where she’d be fully invested in her pension. Later she talked to a more senior HR staffer who reassured her that she would receive enough additional time to receive her pension.

Misinformation. It happens all the time. But I can think of few times more painful than when you are getting laid off to get bad information. In football the term for this would be piling on. And yet I hear from people all the time who have to go through an experience that would be difficult enough by itself, getting laid off, but then the salt water is poured in their wounds by insensitive or incompetent HR or management staff.

Let me lay a card or two on the table. I like the vast majority of Human Resources people I’ve met through the years. I’ve spoken at HR conferences, I’ve written for HR publications and I consider many HR people to be my friends. This shouldn’t be surprising because I like people with heart.

It pains me when people in HR forget that they need to be the bridge between the company and its people, rather than just serving as an agent for the company.

Let me explain. I once spoke at a HR conference. I began by asking if audience members grew up with an adult’s table and a children’s table at big family events like Thanksgiving. Most of the audience smiled and said they had.

I then asked a simple question, as an HR person, which table do you sit at where you work, the adult’s table or the children’s table? For the rest of the session, every person who spoke began by saying that they sat at the adult’s table and then they explained why. “I have a great relationship with the CEO and board.” “I attend executive staff meetings.” “I report directly to the CEO,” were typical responses.

Oh, there was one exception. At the very end of the session one HR director said that she preferred the children’s table because you could play with your food, there weren’t a bunch of annoying rules and meals were always fun.

The correct answer concerning which table is either “both” or “neither.” The most effective HR people must be able to mix it up at both the adult and children’s table, but they should never allow just one audience—executives or employees—to dominate their thinking. Because, to be effective, they need to be a bridge between both groups.

It is tough to have to fit in both in the rarefied air at the top of the corporation and in the trenches where the work really gets done. Let’s just give thanks that there are people out there who can.

About The Author: Bob Rosner is a best-selling author and award-winning journalist. For free job and work advice, check out the award-winning workplace911.com. Check the revised edition of his Wall Street Journal best seller, “The Boss’s Survival Guide.” If you have a question for Bob, contact him via bob@workplace911.com.

Upward Assessment of Darth Vader

Wednesday, March 3rd, 2010

Image: Noel S. WilliamsA recent survey by The Conference Board, a not-for-profit organization that disseminates information about business management and economic trends, showed that job satisfaction in America hit a record low in 2009.  Part of the problem is managers who run roughshod over morale.  Part of the solution is employee surveys that provide an underpinning for managers’ performance appraisals.

Formal grievance procedures against miscreant managers are a drastic option, and often bring adversity to the whistleblower.  But so-called “upward assessments” empower subordinates by giving them input into management performance appraisals.  Measuring management behavior, not some nebulous notion that “the company cares about its people,” will rein in abusive managers simply because once something is measured, it generally improves.

I don’t need to refer to the human resource trend du jour — I already know this because my previous manager was Darth Vader reincarnate.  Recognizing the threat to his evil little empire, he usurped the survey process, twisting it to the dark side.

Published norms, articles about workplace bullying, quarterly process meetings and retreats were all his decoys, but his ultimate subterfuge was the employee survey.   He cunningly constructed this devious document to shirk responsibility and shroud his malice.  His dastardly plot recognized that direct surveys represented a powerful check upon his unfettered malevolence.

When I started this job I was bemused that our 25-person department had its own set of norms:  ten principles that basically boiled down to the golden rule.  Everyone else in our large organization was content to operate under organization-wide principles.

On the surface, our department was a group of top-notch professionals working in accord.   It seemed we had struck the optimal balance between efficiency, effectiveness and employee moral, but why did we have a special set of norms, I wondered?   Why were they plastered everywhere:  on the conference room walls, on our manager’s door, in meeting rooms?  One could not walk more than a few yards without encountering them.

I was new, but no one on our team seemed capable of belittling, intimidating, disrespecting or otherwise mistreating a co-worker.  Was this because of the norms?  Or was something more sinister at play that the norms were hiding?

A few months after I started it was time for my first quarterly “process” meeting.  As far as I could tell, this was rare, if not unique to our department.   Part of the unusual agenda called for a discussion of our norms and a potential employee survey.  An extra copy of our norms was posted on the meeting room door, almost as if there had been a recent breach of etiquette.  There had been, many breaches, the perpetrator ambushing her victims then squirming to our manager Darth for refuge.

As I ventured more frequently into various domains within our organization I noticed people wincing when I told them where I worked.  But I was new, an innocent wookie oblivious to the dark side of the force.  I went about my merry way even as my day or reckoning drew closer.

Our next departmental oddity was our yearly retreat.  Wait a minute; retreats are for dysfunctional teams, aren’t they?   I remembered from business school they might be an appropriate venue for an organization that manufactured widgets even while marketing was promoting screws and operations was into nails.  Clearly, they needed a retreat, but not our small, laser-focused workgroup; unless, of course, this was part of the elaborate charade.

It was, and my days of blissful ignorance were ripped asunder back at H.Q. when I fell into the crosshairs of Darth’s personal assistant.  Apparently, my tendency to ponder nuances annoyed her.  For daring to suggest that inventory items need to be entered into a database for proper tracking I was publicly excoriated.  Such was her venom that several witnesses were quite shaken, a 12-year veteran of salty Navy language, I was even taken aback but maintained enough composure to suggest she read our norms.

I was beginning to connect the dots.  Our department’s public image was but a cover up, all a happy face on a veil that concealed the twisted anger of an ogre who was mollycoddled by lord Vader himself.

I was but the latest victim of a long line of rapacious rampages where employee pride and self-confidence were laid waste.  No wonder everyone was so compliant and cooperative, they had succumbed.  After each devastating raid, our resident ogre sought respite in Darth’s chamber.  Job done, she then retreated to her cube to suddenly transform into the public image of serenity beneath her conspicuous copy of our incongruous norms.

Now I knew why everyone winced, everyone except unaware upper-level management.  Job satisfaction is good for productivity so they must be informed.   Not through formal grievance procedures,  but by eliciting employee input into our manager’s performance appraisals, Darth could be redeemed, and the ogre laid bare and slain.

By attempting to hijack it, our manager had shown his repressive regime’s soft underbelly: the employee survey.   His rendition was an utterly corrupt and deceitful document that deliberately avoided questions about management, misdirecting potential blame to feeble droids.  The sham demonstrated that a targeted survey could be powerful straightjacket on managers disposed to running amok.

An employee survey designed to elicit upward feedback would shine light into the dank crypt where he and trusted assistant conspired to wreak havoc.  Executives could then expose the tyranny lest another promising career be dashed.  Powerful energies aimed at self-preservation could be unleashed toward productive ends, and that represents a big disturbance in the force for good.

About the Author: Noel S. Williams currently enjoys work as an Information Technology Specialist.  While he also holds a master’s degree in Human Resource Management, it is his training as Jedi Knight that gives him the fortitude to delve into the dark side of workplace unfairness.

Companies That Care About Workers' Rights: Apply Now to be Named a 2010 Top Small Company Workplace

Thursday, December 17th, 2009

Inc. magazine and the nonprofit I work for, Winning Workplaces, have partnered to find and recognize exemplary workplaces; those that motivate, engage and reward people. A model workplace can offer a critical competitive edge, ultimately retaining employees and boosting the bottom line.

Together, Inc. and Winning Workplaces will identify and honor those benchmark small and mid-sized businesses that offer truly innovative, supportive environments, thus achieving significant, sustainable business results.

“Growing, privately held companies have always excelled at competing based on the people they employ,” states Jane Berentson, Editor of Inc. magazine. “Their innate ability to innovate is woven throughout their cultures, including the way they manage and motivate their employees. Inc.’s partnership with Winning Workplaces is a great opportunity to fully recognize private company excellence in supporting their human capital.”

Click to apply for Top Small Company Workplaces 2010“Winning Workplaces is thrilled to partner with Inc. as we honor truly exemplary organizations who have created workplaces that are better for people; better for business; and better for society,” said Gaye van den Hombergh, President, Winning Workplaces. “These organizations are an inspiration to business leaders looking for ways to leverage their people practices to create more profitable and sustainable companies.”

The application process is open through January 22, 2010. To apply, go to tsw.winningworkplaces.org. The Top Small Company Workplaces will be announced in a special issue of Inc., which will be available on newsstands June 8, 2010, and on Inc.com in June. An awards ceremony, honoring the finalists and winners, will be held at the national Inc. On Leadership Conference in October 2010.

About Inc. magazine
Founded in 1979 and acquired in 2005 by Mansueto Ventures, Inc. magazine (www.inc.com) is the only major business magazine dedicated exclusively to owners and managers of growing private companies that delivers real solutions for today’s innovative company builders. With a total paid circulation of 724,110, Inc. provides hands-on tools and market-tested strategies for managing people, finances, sales, marketing and technology.

About Winning Workplaces
Winning Workplaces (www.winningworkplaces.org) is an Evanston, IL-based not-for-profit, whose mission is to help the leaders of small and mid-sized organizations create great workplaces. Founded in 2001, Winning Workplaces serves as a clearinghouse of information on workplace best practices, provides seminars and workshops on workplace-related topics and inspires and awards top workplaces through its annual Top Small Company Workplaces initiative.

About the Author: Mark Harbeke ensures that content on Winning Workplaces’ website is up-to-date, accurate and engaging. He also writes and edits their monthly e-newsletter, Ideas, and provides graphic design and marketing support. His experience includes serving as editorial assistant for Meredith Corporation’s Midwest Living magazine title, publications editor for Visionation, Ltd., and proofreader for the National Association of Boards of Pharmacy. Mark holds a bachelor’s degree in journalism from Drake University. Winning Workplaces is a not-for-profit providing consulting, training and information to help small and midsize organizations create great workplaces. Too often, the information and resources needed to create a high-performance workplace are out of reach for all but the largest organizations. Winning Workplaces is changing that by offering employers affordable consulting, training and information.

Boston’s Hyatt Hotels: Not Much Hospitality Toward Their Own Workers

Friday, September 25th, 2009

An ongoing labor story here in Boston underscores why jobs and employment must remain one of our highest political, economic, and policy priorities. It involves three Hyatt hotels whose management abruptly terminated some 100 housekeeping workers after having them train replacement workers from a Georgia-based contracting company. The workers claim they were deceived into thinking they were training vacation fill-ins.

As reported last week in the Boston Globe:

When the housekeepers at the three Hyatt hotels in the Boston area were asked to train some new workers, they said they were told the trainees would be filling in during vacations.

On Aug. 31, staffers learned the full story: None of them would be making the beds and cleaning the showers any longer. All of them were losing their jobs. The trainees, it turns out, were employees of a Georgia company, Hospitality Staffing Solutions, who were replacing them that day.

Labor advocates and elected officials have responded with dismay and outrage, and with good reason. Hyatt employees with 20 years service were making a modest wage of a little over $13/hour plus benefits, which based on a full-time work week adds up to annual earnings of around $26,000. Their replacements will earn about $8/hour, which leads to annual earnings of around $17,000. Hyatt, in effect, has eliminated 100 jobs that pay barely a living wage and replaced them with jobs that pay less than subsistence wages in an expensive metro area like Boston.

In response to the growing firestorm, the Hyatt Corporation said that it is setting up a task force to help the terminated workers find employment and extending their health benefits to the end of the year. This strikes me as being too little, too late, and a shallow attempt to look better in the public eye.

Contracting has become a common form of replacing full-time employees, and at times, economic necessity may require changes in staffing arrangements. But one has to wonder about the social responsibility and ethics of a major corporation that deems loyal 20-year employees earning $26,000 “too expensive.” And if the allegations about deceiving their workers into training their replacements are true, then we can only wonder if they have any decency.

On a broader scale, this disturbing situation raises at least three questions that are front and center when we consider jobs and employment:

1. How can we create an economy that delivers a living wage for all who work to support themselves and their families?

2. The Hyatt workers were not unionized. How can we encourage unionization as one path toward safeguarding America’s workers from this type of sudden, devastating job loss?

3. How can we ensure a viable safety net of health care benefits, transitional income replacement, and placement assistance for those who have lost their jobs?

About the Author: David Yamada is the Founder of New Workplace Institute and a Professor of Law at Suffolk University Law School in Boston. He is an internationally recognized authority on workplace bullying and psychologically abusive work environments, having written leading analyses of workplace bullying and the law and authored the Healthy Workplace Bill, model anti-bullying legislation that has been the basis of bills introduced in over a dozen state legislatures since 2003.  For more about David’s background, see his bio at: http://law.suffolk.edu/faculty/directories/faculty.cfm?InstructorID=59.

This article originally appeared in Minding the Workplace on September 24, 2009. Reprinted with permission by the author.

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