Implementing a Background Screening Program

 Background checks are useful tools for employers in hiring and promoting the most qualified individuals. They can help identify and screen out those candidates who have given inaccurate information on employment applications, or who might present a risk of violence or theft in the workplace.

For employers new to the screening process, there are some things to consider before the full implementation of a background screening program can take effect. First, a formal policy on background checks must be created. In drafting a screening policy, employers should consider the types of positions warranting background checks, the process for screening existing employees, and the types of information they wish to collect. In order to answer these questions and create a legally defensible screening policy, employers should adhere to the following steps:

1. Identify “sensitive” positions. Employers need to first identify positions or job duties deemed “sensitive”, or those that otherwise have the potential to threaten the security of the company, its employees, or its customers. Positions of sensitivity may include those that require the handling of important company information, exposure to confidential issues, the care of others, or access to company property or other proprietary information. The bottom line: employers need to have a legitimate business reason to conduct background checks. It is important to note that in some cases, background checks may actually be required by state or federal law. Most states require criminal background checks to be conducted on anyone who works in the securities industry or those who work with children, the elderly, or the disabled.
2. Determine the process for screening existing employees. It is recommended that in order for a screening program to have value, employers need to screen their existing employees as well. Employers should screen current workers who are performing duties deemed as “sensitive”. Additional circumstances in which screening existing employees is necessary are when: (1) it is required by state or federal law; (2) position responsibilities change, resulting in the position being designated as “sensitive”; or (3) the employer learns of a felony conviction or other offense that adversely affects one’s ability to perform the job or has an adverse effect on the company if employment is continued.
3. Determine the types of information you will collect for each position. Information sought in a background investigation should be job-related; therefore, the type of background check an employer conducts depends on the parameters of the position. Some things to consider before determining the appropriate type of background check to conduct include the following: How often will the position’s duties require exposure to company funds? Will the position require the operation of machinery or the driving of a vehicle? How many years of education or experience are required for the individual to be successful in their role?
4. Establish time-frames. It would be unrealistic to run a background check on every applicant at the initial stage of the hiring process. It is recommended that a background check be the last step, after other means of weeding out candidates has been exhausted (i.e., resume and application review, phone screening, interviews, and reference checking). Ideally, employers should wait to run a background check until they are ready to extend a job offer. And in this case, the offer should be made conditional pending the results of the background report.
5. Determine offenses considered disqualifying. Employers need to determine what offenses will result in an automatic refusal to hire. And sometimes the offenses themselves are not the only things to consider when making an employment determination. The length of time that has passed since the conviction, the number of convictions an individual has on his or her record, the relationship between the job to be performed and the crime(s) committed, and his or her subsequent employment history should all be taken into consideration when determining ones eligibility for employment. To refuse or discharge employment based on a criminal conviction, the employer needs to determine if the conviction is job-related. The employer bears the burden of proving that the specific job requirements justify denial of employment.
6. Establish adverse action procedures. When a background check reveals a criminal history or other negative information, employers may decide to take adverse action. Taking adverse action typically means not hiring, or not promoting someone based on the results of a background check. When negative information is discovered, provide applicants and/or employees with an opportunity to explain any potentially damaging or negative background information. Next, complete a Preliminary Notice of Adverse Action form, which is intended to inform employees or applicants that based on the information found in their background check, a preliminary decision has been made to deny the applicant employment, or to terminate the employee. Once a final decision has been made not to hire or promote the individual, a final notice to the applicant or employee should be given in writing.
7. Apply the process consistently. The single most important aspect of implementing a screening program is consistency. Employers must never conduct background checks on a selective basis; all similarly situated applicants must be treated the same. In the event you are confronted with a negligent hiring lawsuit, the reliability of your screening process and how consistently you’ve applied it will be put under scrutiny.
8. Ensure confidentiality. Employers must maintain the confidentiality of all background check information. Train all professionals that will be handling or reviewing background check information in the importance of preserving its confidentiality. In addition, keep all records under lock and key at all times.

Pre-employment screening promotes a safe work environment by reducing the risk of a bad hire. With an increase in negligent hiring, escalating recruitment and training costs, and an upsurge in workplace violence and theft, employers need to seek as much information as possible on prospective employees. However, in doing so they must be sure not to overstep their legal bounds. A published policy on conducting background investigations should reflect the employer’s effort to balance its “need to know” with employee privacy rights.

Looking for more information? Download our free Background Screening Guide, come to a free live Webinar, download a free Whitepaper, get information on your industry, or contact a Screening Specialist.

10 Steps for Getting Poor Performers Back on Track

What do successful companies have in common? A clear vision, bright leadership—and of course, star employees that help move the company towards its strategic goals.

But sometimes, even your star employees can get off course. And when employees start moving in different directions, it can be detrimental to your company’s working environment—not to mention your bottom line. That’s why it’s particularly important to put the time and attention that is needed to recognize and correct poor performance before it spirals out of control.

Correcting poor performance requires managers and employees to openly discuss performance issues and collectively develop solutions for improvement. Some managers are fearful of disciplining employees and avoid confrontation entirely. On the other end of the spectrum, some managers are so harsh that their feedback is hurtful rather than helpful. The key is to find a “middle ground” that will effectively correct behavior without compromising your working relationship.

The following tips will help to tactfully address and correct poor performance before it negatively affects your business:

1. Confront employees in private. Make the necessary arrangements to meet with poor performing employees in a private location, free from earshot of co-workers. No one appreciates being corrected or chastised for poor performance in the public eye. Doing so will only create intimidation, fear, and hostility.

2. Begin the meeting with a positive remark. Beginning the meeting with negative statements about the employee will likely lead to defensiveness and an unwillingness to listen. Always try to make the employee feel comfortable by starting the meeting on a positive note. Think of examples of when the employee impressed you. Start with those before jumping into the areas that are in need of improvement and you’ll likely spot employee acceptance.

3. Be specific. The purpose of a discipline meeting is to pinpoint and improve upon poor performance. In accomplishing this goal, managers must tell the employee exactly what the problem is, what steps he or she must take to correct it, and the consequences of failing to do so. When providing examples of the employee’s deficiencies, always refer to a specific situation or course of conduct to ensure the employee is aware of exactly what behavior needs to be corrected.

4. Never personally attack. When providing feedback only state the facts, never share how you feel about the employee as a person. Feedback must always be work-related to avoid claims of bias, discrimination, and the employee perceiving the meeting as an attack.

5. Don’t make comparisons. Never compare the employee to co-workers. This can be extremely discouraging and off-putting. To be effective, feedback must always be tailored to the individual employee and his or her strengths and weaknesses.

6. Focus on future, rather than past, performance. The past is the past and it simply can’t be re-done. While it’s important to inform employees of past indiscretions so as to not repeat them, it’s equally important to look to the future. Let the employee know you have confidence in them and that you are eager to see them excel.

7. Explain what you’re looking for. How do you expect employees to improve if you don’t tell them how? Provide specific examples, tools, and resources to the employee so that he or she is equipped to turn their performance around.

8. Finish the meeting on a positive note. Performance meetings should always end on a positive note. Try ending the meeting by commending the employee for listening and being open-minded during the meeting. Positivity will preserve employee self-esteem – giving them the confidence needed to succeed.

9. Confirm understanding. At the conclusion of the meeting, confirm that the employee has fully understood what was discussed as well as the agreed upon plan for improvement. Recap the problems and solutions and schedule a follow-up meeting, which will help assist the employee in reaching their goals.
10. Document. Any time performance is addressed, document it by describing what was discussed as well as the date and time of the meeting. A copy should be given to the employee, and after signing it, it should be placed in their personnel file. The employee’s signature affirms their understanding of what was discussed and their commitment to improvement. If the employee fails to improve, the documentation will support your decision for future disciplinary action or even termination.

Most managers are uncomfortable dealing with employee discipline, and justly so. But avoiding confrontation will do nothing to improve performance and will likely make matters worse. By providing feedback on what needs to improve and working with the employee to solve their performance issues, you will likely see a turnaround in performance as well as an upturn in company success.

Legal Considerations when Conducting Background Checks

Background checks are essential in ensuring consistently good hiring decisions. In addition to helping protect company finances and resources, they can serve to ward against negligent hiring lawsuits and unsafe working conditions for other employees and your customers.

But, running background checks isn’t as simple as entering candidate information into a database; it requires some preparation. If executed without the proper care and attention, employers risk liability. Below are the necessary legal guidelines that must be followed when running background checks:

1. Comply with the FCRA. The Fair Credit Reporting Act (FCRA) regulates how employers may obtain and use the information disclosed in background investigations. The Act states that the following information cannot be reported: arrest records; civil lawsuits and civil judgments after 7 years; accounts put in for collection after 7 years; paid tax liens after 7 years; and any other negative information (besides criminal convictions) after 7 years has passed. If employers uncover any of this type of information, they may not use it in making an employment decision.

2. Adhere to the EPPA. The Employee Polygraph Protection Act (EPPA) prohibits the use of polygraph tests by private employers except under specific, limited circumstances. For instance, applicants for positions that are within federal contracts with defense, national security, or federal law might be required to pass a polygraph test prior to employment. It is important to determine your company’s position as it relates to the EPPA as well as any applicable state regulations in this regard.

3. Establish a screening policy. Before conducting background investigations, you should have a published policy on the process. A policy on background checks should indicate when the checks will be conducted, for which types of positions, and the kinds of information that will be collected. The policy should reflect the employer’s effort to balance its “need to know” with employee privacy rights. For a sample policy on background checks click here.

4. Examine application materials. Review of the employment application should be the initial step of the screening process. You should be utilizing the employment application as a means to weed out candidates, to verify information during an interview, and to look for inconsistencies or employment gaps. When inaccurate or undesirable information is found early in the hiring process, it saves you the time and money involved in interviewing and screening an applicant that just isn’t a good fit.

5. Obtain written consent. All employment applications should include a statement above the applicant’s signature line summarizing the specific types of background checks that may be conducted. A separate document requesting authorization to conduct background checks may also be a good idea. This way applicants and/or employees are aware of exactly what they are agreeing to.

6. Run only job-related checks. The type of background check an employer conducts must depend on the parameters of the position, and therefore, needs to be job-related. For instance, an applicant applying for an administrative assistant position, in which the individual is not expected to operate a company vehicle, should not be subject to a driving record check.

7. Be consistent. So as to avoid claims of discrimination, employers must never conduct background checks on a selective basis. All similarly situated applicants - those applying for the same or similar positions - must be subject to a background investigation prior to receiving an offer of employment.

8. Ensure confidentiality. Employers must maintain the confidentiality of all background check information. Train all professionals that will be handling or reviewing background reports on the importance of preserving its confidentiality. In addition, keep all records under lock and key at all times.

Before diving into the screening process employers should be sure they have a clear policy on background checks, that they have adequately used the employment application as a screening tool, and that they have obtained consent prior to running background investigations. Additionally, keep in mind that background checks should never be run on an inconsistent basis and all practices surrounding their use must be compliant with state and federal screening regulations.

Looking for more information? Download our free Background Screening Guide, come to a free live Webinar, download a free Whitepaper, get information on your industry, or contact a Screening Specialist.

Maintaining productivity during the summer season isn’t always “a day at the beach”

When you think of summer, what comes to mind? How about lazy days at the beach, picnics, and family vacations? For most companies like yours, these thoughts are overcome by the head-spinning task of granting deserving employees some much needed R&R while still meeting business demands.

Although there’s no federal law requiring employers to grant their employees time off, refusing to may seriously affect morale. Although you may feel like letting them go for a few days will hurt productivity, the reverse is often true: time away from work can actually help employees come back recharged and energized.

Consider the following practices to grant your deserving employees time off during the summer season while ensuring your business stays afloat:

1. Tap into your part-time employees. Having part-time employees on staff is valuable for a variety of reasons. For one, they are often more flexible than full-time employees – typically willing to switch shifts when emergencies arise and looking to pick up extra hours whenever they can. This makes them a perfect option to call upon when short-staffed. In addition, part-timers typically do not receive full benefits, which can be a significant cost savings for your company’s payroll.

2. Utilize temporary workers. Consider hiring temporary workers if you just don’t have the resources to get the job done yourself.It’s recommended that you develop a relationship with temp agencies before a need arises. This will allow you to quickly call upon a trusted vendor during periods of unexpected absences.

3. Hire seasonal employees. If business picks up during the summer season or if you just don’t have adequate coverage, consider hiring seasonal employees. As the name suggests, seasonal employees are hired for a specific calendar period in order to meet added demand. Like part-time or temporary workers, benefits are not provided and time off isn’t an issue, leaving you with a stable workforce for the summer months. Just keep in mind, if seasonal employees are kept on the payroll for longer than 6 months they may be classified as full-time employees – meaning you may need to provide them benefits and treat them as you do your full-time staff.

4. Be proactive. Ask your employees early on in the summer season if they plan to take vacations. Find out who is available and when to get a better understanding of your scheduling needs. You may find that you have more cushion in your schedule than you originally thought. Either way, this will allow you to plan accordingly – and early!

5. Be flexible. Consider implementing alternative work schedules for the summer months, such as a compressed workweek or flex-time. Compressed workweeks allow employees to put in their normal hours for the week in a shorter period of time (e.g. four 10-hour workdays). Flex-time is another option, which enables employees to report to work early and leave early, or report to work late and leave late. Flex-time and compressed schedules are advantageous because employees still work the same number of hours, but they are able to do so on their terms, allowing them to better meet the demands of their personal lives and enjoy some of that hot summer sun.

6. Prepare by cross-training. Cross-training your staff will ensure someone will be able to perform key job duties when other employees leave for vacation or are out sick. If each employee is trained to perform multiple job functions, you can continue operations without having to call in temporary workers or incur increased overtime expenses. Not to mention, with the satisfaction that comes from increased responsibility, employee morale is often boosted and employee skills are enhanced.
7. Don’t wear yourself too thin. If you can’t grant everyone time off for the specific days requested, then don’t. You can’t always make everyone happy, but there is some room for compromise. Consider requesting employees to provide at least 30 days advance notice of their intent to take time off. This will help you to plan accordingly. Also to better distribute time off, give employees incentives to take vacations during less desirable times. For instance, if most of your workforce plans a vacation during the summer months, consider allowing employees to take an extra day or two if they wait for the vacation rush to subside, say during the fall or winter months. Just be sure you offer this incentive consistently and that all employees are made aware of it.
8. Be fair. The best way to determine who works and who doesn’t is to follow some agreed upon ground rules, which should cover: how far in advance time-off requests must be submitted; on what basis requests are considered (i.e., seniority, first-come-first-served, etc.); and any restrictions on how many people can be off at one time. Just be sure to follow these guidelines consistently.

Paid time off allows employees to fulfill personal obligations and enjoy some leisure time. But sometimes administering a time off program can be more of a headache than it’s worth. That’s why it’s important to have a back up plan as well as established procedures for requesting and granting time off. Following the guidelines outlined above will help to ensure that employee vacations don’t get in the way of meeting business demands.

12 Things to Take With You on Your Performance Management Journey

Think of your last long car trip. What made it a success? Chances are it was the planning: knowing where you were going, how you were going to get there, what to bring—and where to stop along the way. Unless your goal is an impromptu joyride, a trip without a plan is more than likely to end in a lot of wasted time, wasted resources—and very cranky passengers.

Performance management is no different; it’s a journey that needs careful planning to keep everyone happy and moving in the same direction. And when you know your destination, have backup plans in case of detours and roadblocks–-and know when to re-route—you can ensure a happy and successful trip.

Here are 12 tips to help you plan for your journey to developing and implementing an effective performance management program:

1. Establish a performance management plan. An effective performance management program is proactive and involves continuous interaction between managers and their employees. Educate managers on the importance of setting clear goals, meeting with their employees regularly to discuss and overcome obstacles, and providing regular performance feedback. At this stage, it’s also important to establish the frequency in which formal performance reviews will occur. Best practice: Conduct performance reviews at least annually.
2. Choose a performance appraisal method. Choose a performance review method that best fits your company culture. Some organizations use 360 degree feedback, in which employees are reviewed by peers, supervisors, and even themselves, while others rely solely on manager/employee feedback. Gaining performance information from multiple sources is recommended since multiple raters allows for the broadest and most accurate representation of an employee’s performance. In addition, it provides a means by which to evaluate the performance of upper-level management and to decrease favoritism or bias.
3. Train your managers. Like many other aspects of the employment process, performance appraisals have become the target of litigation. Most of these lawsuits stem from allegations that the process is biased and that an objective evaluation of performance relative to the specific requirements of the job did not occur. In order to avoid liability, it’s necessary that all managers be thoroughly trained on how to objectively evaluate employee performance and avoid bias.
4. Create S.M.A.R.T. goals. Goals won’t be effective unless you establish and communicate some vital parameters, including an outline of specifically what is to be achieved and when. How else will employees know what they’re working towards? To create meaningful goals, keep the SMART acronym in mind (specific, measurable, achievable, realistic, relevant, and timely).
5. Celebrate success. When an employee reaches their goal, be sure you’re there to pat them on the back. Consider sending out a company-wide memo to formally recognize employee efforts, hold a company luncheon, or simply give the employee a “thank you” note. Celebrating even the smallest of wins is a strong motivator for employees and provides something for them to look forward to when working toward a goal.
6. Don’t forget about your strategy. Individual performance goals should always be tied to the goals and values of the company. For instance, a company that values customer service should be evaluating employee performance based on customer satisfaction. When performance management efforts are tied to company goals, it can be a powerful tool for establishing and reinforcing company principles and for ensuring employees are performing consistently with company objectives.
7. Gather information. After goals have been established, continue to track the relationship between employee performance and company success. Objective data, such as sales reports and company profits, will reveal whether or not your performance management plan is effectively tied to your business strategy.
8. Document employee performance. When it comes time to formally evaluate their employees, it’s often difficult for managers to recall the specifics. To help you remember some positive (and negative) examples of performance, write it down. Not only will this serve to ensure you have valuable and relevant information to discuss with the employee during the appraisal meeting, it will also serve to support any employment decisions made as a result of an employee’s performance—good, bad, or otherwise. Remember to retain all performance records in employee personnel files.
9. Ensure consistency. Consistency is necessary to protect against discrimination claims. To achieve uniformity, use a standardized performance review form that promotes consistency and objectivity and forces supervisors to evaluate employees on specific dimensions.
10. Prepare for the appraisal meeting. The performance review meeting is important in communicating how well the employee performed during the review period and whether or not his or her performance contributed to the company’s overall business strategy. To ensure a successful meeting, encourage both managers and employees to prepare well beforehand. Two to four weeks before the appraisal meeting, inform the employee when the review will take place and the role you expect him or her to play. A great way for employees toprepare is to have them review their own performance by completing the appraisal form. This will get them thinking about their overall performance and will likely lead to valuable discussions during the appraisal meeting.
11. Link performance to rewards. Top performing employees should be rewarded for a job well done. Consider showing your appreciation by providing your hard working employees with extra time off, a designated parking space, or a merit increase. Openly communicate the types of rewards employees can expect to receive when performance goals are met. Knowledge of what’s on the line may be all that’s needed to jumpstart employee performance company-wide.
12. Encourage company wide participation. To ensure a successful performance management plan and enhance employee performance, seek participation and input from everyone, including employees, supervisors, and upper level management. If possible, hold focus groups, distribute performance review surveys to continuously evaluate the effectiveness of your company’s performance plan, and conduct employee meetings. By gathering input from all angles you will get valuable insight on how to improve your performance management efforts and acceptance for the program will likely increase.

By implementing the guidelines outlined above, you’ll be one step closer to ensuring an effective performance management system that ties employee success to organizational success. Once an effective performance management program has been implemented, you will notice enhanced employee skills, improvements in company wide communication, and increased employee commitment. Don’t wait; get started with developing and implementing your performance management plan TODAY.

10 Tips for using Employee-Friendly Work Practices to Manage Absenteeism Rates

On average, unscheduled absences cost businesses $650 per employee per year – not exactly chump change when you consider the number of employees on your payroll. Beyond the monetary costs associated with missed work, absences also inconvenience customers and co-workers, slow productivity, and can negatively impact employee morale.While absences are inevitable, employers can limit the number of unnecessary absences by implementing some simple employee-friendly work practices, such as flex-time, childcare assistance and health and wellness programs.

Below are 10 tips to reduce employee absenteeism and make your company a better place to work:

1. Manage employee stress. Stress is the leading cause of absenteeism among employees. Common workplace stressors include excessive workloads, long hours, conflicting expectations, and poor management. To help diminish some of the negative effects of stress – and increase employee attendance rates - consider encouraging regular rest breaks, setting realistic expectations, and training your managers to build positive working relationships with their staff.
2. Facilitate employee engagement. Employees who are engaged are more satisfied and typically miss less work days than employees who are dissatisfied or disengaged. To facilitate employee engagement, get employees involved. Hold regular staff meetings to inform employees of business goals and objectives and to solicit their feedback on different business initiatives. Other options for bolstering employee engagement include: taking a vested interest in employees’ career development, providing increased job responsibilities, and allowing for greater employee autonomy.
3. Promote teamwork. Poor co-worker relations can be a significant contributor affecting an employee’s decision to take time off of work. In an effort to avoid confrontation, many employees will opt to call out of work rather than face their problems head on. To promote positive workplace relationships, use teambuilding activities, such as trust exercises, ice-breakers and role-playing. When employees work together, bonds will intensify and an appreciation for one another will emerge.
4. Reward regular attendance. Recognition is a powerful form of reinforcement and can go a long way in boosting employee attendance rates. Let employees know you appreciate their hard work and dedication. Whether it’s a simple “thank you” note or an award plaque provided at a company event, recognition doesn’t need to be extravagant.
5. Tie attendance to performance. For employees to realize its importance, attendance should be a part of the performance evaluation process. Awareness that attendance patterns have the potential to impact their performance review may be all that’s necessary to prevent unnecessary absences all together.
6. Implement flexible work schedules. Work/life balance is difficult for many working Americans to achieve. You can help lessen the stress that comes with juggling work and personal obligations by developing flexible work arrangements, such as compressed workweeks, flex-time, job sharing, or telecommuting. These options will ensure employees don’t miss important work requirements and are always there when you need them to be.
7. Child care assistance. Consider offering childcare assistance to further help circumvent unexpected absences. “Back-up” daycare programs, which employees can use on an occasionally basis to fill unexpected gaps in daycare, are becoming more popular among employers. Some employers subsidize these programs and require employees to pay for a portion of the service while others provide a predetermined number of days per year which can be used for backup care, free of charge. Not only does childcare assistance promote employee morale, but it will also serve to severely cut down on unplanned absences.
8. Encourage health & wellness. Studies have proven that employees who take part in health and wellness programs are less likely to take sick days and are more alert and focused during the workday. Employers should consider promoting a health and wellness culture by educating employees on proper nutrition and effective exercise techniques, organizing a walking group during lunch breaks, and offering incentives for employees to participate (think discounts on health insurance premiums). A healthy workplace is a happy one!
9. Promote a positive public image. Make your business a place employees are proud to come to every day. Consider getting more involved in the community and encourage employee participation in community activities, such as charity walks and participation in local big brother/big sister programs. Not only will these types of activities have a positive affect on morale, but they will also serve to positively impact your’ company’s image.
10. Ensure consistency. Company procedures need to be enforced consistently and fairly in order to be effective. Say, for instance, Sally and John were both absent three days this month; Sally received a written warning and John was terminated. These types of inconsistencies in applying workplace rules will be viewed as biased and discriminatory, which can be disheartening for fellow employees. Rules regarding attendance must be applied in a timely and uniform fashion for employees to truly get the message.

Employee attendance is directly linked to employee satisfaction. Engaged and well adjusted employees are less likely to take time off of work, whereas unhappy or stressed employees are more likely to use their allotted time off and then some. Make your company a great place to work and you’ll likely see a decline in employee absenteeism rates and an increase in productivity.

HR411.com CEO on “The Growth Strategist(TM)” radio program

Our CEO sat down to talk with Aldonna Ambler, host of VoiceAmerica Talk Radio Network’s “The Growth Strategist™” which broadcasts live every Tuesday at 8am PDT (11am EDT).  Listen to him discuss the company’s rapid growth through strategic partnerships, and please check out the press release.

“Are you really going out in that!?” 10 tips for developing employee dress code policies

As warm weather approaches, employee dress habits tend to become more relaxed. With the summer months almost here, now is the perfect time to review your company’s dress code policy. Not only is inappropriate dress a distraction, some employees may find it offensive. And while employee productivity is certainly a concern, company image may also be compromised by poor workplace dress habits. Your employees’ appearance is directly tied to your company’s image and an inappropriately dressed staff doesn’t promote the company in a positive light.Below are 10 important considerations when developing a dress code policy to ensure that your employees dress for success:

1. Communicate the reasons for your company’s dress code. Your dress code policy should align with your company’s philosophy, mission, and business strategy. If your company is more traditional, a conservative dress code may be most appropriate. However, if your company is more creative or cutting edge, your dress code may be a bit more relaxed. For employees to buy-in, there needs to be a connection between what the company does and the image you wish to portray.
   

2. Think about the work employees do. Sometimes the type of work employees do will dictate how they should dress.For example, an employee working in a production facility should not be permitted to wear open-toed shoes due to obvious safety concerns. However, because this individual works with machinery, he or she may be permitted to dress more casually than other employees with regular exposure to clients or customers.
   

3. Will casual days be permitted? Comfortable dress has been shown to boost employee morale. As such, many employers have implemented “Casual Fridays” as a benefit for their employees. If you okay casual dress days, it is important to define what “casual” means (e.g., maybe jeans are acceptable, but not sweat pants) and indicate when employees are permitted to dress casually.
   

4. Be specific about what’s prohibited. Provide examples of what is, and what is not appropriate dress for your office. Include in your policy that, for example, opened-toed shoes, tank tops, short skirts, and revealing and form-fitting clothing are not permitted. Also, be sure to indicate the type of attire you expect your employees to wear with examples included. Specificity will ensure employees understand exactly what is, and what is not, allowed at work.
5. Appearance doesn’t just mean clothing. Polices relating to personal appearance should not only regulate employee dress, but they should also communicate guidelines relating to hygiene and other physical characteristics, such as piercings, tattoos, or facial hair.

6. Consider discrimination concerns. To avoid legal liability, make sure your policy does not adversely affect employees of a protected group. For instance, women have argued that requiring them to wear skirts or dresses is discriminatory. Make sure your policies apply evenhandedly to all employees. Dress codes should never favor one gender over the other or certain religions, races, or employees of a particular national origin.

7. Disciplinary action. It is important to clearly state the repercussions for failing to comply with your company’s dress code policy. Will employees be sent home to change? If so, will they be paid for their time spent away from work? Will employees be issued warnings based on the number of offenses as well as the severity of the violation? Whatever consequences you decide to apply to your dress code, make sure your employees are aware of it. When employees understand the consequences, they are more likely to abide by the policy.

8. Promote awareness for the policy. Employees must be aware of your company’s dress code policy in order to comply with it. Remember to reinforce the policy during company meetings, through company memos, and throughout the orientation process.

9. Be a role model to your employees. Dress how you would like your employees to dress. You can’t expect employees to wear a suit and tie if company executives show up in jeans.

10. Apply the policy consistently. To avoid allegations of discrimination, be sure to consistently apply your dress code policy. Policies are intended to ensure everyone is treated fairly and that all employees are held to the same standards. It’s important to train your managers to consistently respond to dress code violations and to always follow company policy when doing so.

There are a variety of issues that should be addressed when determining an appropriate dress code policy for your company. Consider the image you would like to portray to clients and customers as well as the policy’s implications on employee performance and morale. Regardless of the policy you decide to incorporate, it should be clearly communicated and consistently applied.

“Unfortunately, we have to let you go.” 10 Tips for Delivering the Bad News to Great Employees

If your business is feeling the pinch of the tough economic times, you may need to cut back on your biggest expense—which in most cases is your staff. When you’re laying off employees for economic reasons as opposed to other reasons such as misconduct, you may be concerned about a negative response, offending your employee or creating a damaging reputation for you and your company. However, there are some simple measures you can take to minimize negative feelings, establish the economic reason for termination, and help your employees through this difficult time.

Below are ten tips for making the layoff process a little less painful:

1. Establish layoff criteria. It is recommended that prior to any layoff, employers develop objective and justifiable criteria for selecting employees to let go. Some factors to consider in making a layoff decision include seniority, job performance, leadership potential, and one’s overall value to the company. Be prepared to answer the question “why me?” Whatever the reason, your decision must be supported by a legitimate business need.
2. Give advance notice. Not only is advanced notice sometimes required by law, it is also helpful for employees. Advance notice: (a) allows employees to begin looking for alternate employment, (b) enables employees to prepare financially for the layoff, and (c) may even help to diminish hostility during the actual layoff meeting. And as an added bonus: employees who are able to secure a new job before the layoff’s effective date will more than likely be ineligible to collect unemployment compensation, thus keeping your unemployment rates low.
3. Provide a severance package. The decision to offer a severance package is entirely at the employer’s discretion and is usually provided in layoff situations. Severance pay typically equates to one or two weeks of pay for each year of service and is often paid in a lump sum or in time intervals. In some instances, a severance package may also include other extended benefits such as continued health insurance or outplacement assistance. Severance packages help to ease the transition from full-time employment to unemployment and may help deter employees from precipitating a lawsuit against your company.
4. Offer outplacement services. Employers may want to consider providing effective outplacement services. These services are designed to help terminated employees prepare for a new job and typically provide assistance in resume writing, interview skills, job placement, and career counseling.
5. Consider offering early retirement. Rather than laying off employees, some employers offer their workers an early retirement package. The advantage of early retirement is that it allows employers to cut costs without requiring employees to leave their jobs involuntarily. Therefore, many of the poor morale problems associated with layoffs are non-existent. In addition, early retirement may help to quickly cut salary costs, since older workers generally earn higher salaries than their younger counterparts.
6. Don’t forget about the COBRA subsidy. If your company is covered under COBRA, any employee you involuntary terminate (besides those terminated for gross misconduct) between September 1, 2008 and December 31, 2009 is eligible for subsidized COBRA premiums. Subsidized premiums will help employees who may not ordinarily be able to afford the full cost of their health insurance premiums to stay covered under their former employer’s plan.

7. Be constructive. Not only is the termination meeting important for tying up loose ends, these meetings should also be used as a means to provide employees with constructive feedback. Let employees know what areas they excelled at and what areas may be in need of improvement. This will help employees realize their strengths and weaknesses, facilitating self-improvement and future career growth.
8. Offer to be a reference. Especially in instances where the employee was a dedicated worker, offer yourself as a reference or even provide a letter of recommendation. This demonstrates that you appreciate the employee’s dedication and that you are willing to stand behind their hard work. It’s also important to train employees that may be responsible for handling employment references in order to protect the company from liability. A good rule of thumb: only provide relevant and verifiable information, such as dates of employment, position held, and salary earned.
9. Provide recall rights. Recall rights allow laid off employees to be the first group called upon when vacancies arise. This option allows employers to quickly fill open positions without launching a full-cycle recruitment effort.
10. Allow for employee “bumping”. Bumping occurs when management or senior level employees choose to take the job of a less senior employee instead of opting to be laid off. Bumping is only recommended when the skills and experiences of senior employees matches the lower level position in question.

Layoffs can be a tough, challenging experience for employers and employees. To ensure a smooth and amicable layoff process, it’s important to announce layoffs as early as possible, provide outplacement services if feasible, and respond positively and truthfully to all reference requests. Offering benefits such as severance pay and early retirement will also help to ease the transition to unemployment. These steps ensures that laid off workers leave your company with little to no hard feelings, reduced ammunition to pursue termination related lawsuits, and equipped with the resources needed to secure future employment.

“We need to talk.” 12 Tips for Getting Through the Employee Termination Meeting

It’s never fun, but it needs to be done: terminating employees comes with the territory of being an employer. When terminating an employee the goal is to ensure the employee leaves with their ego intact and with no negative feelings towards the company. And while actions leading up to the termination meeting can certainly leave your company susceptible to a lawsuit, an employee’s final impression of how you treated him or her is often the most important. Discharged and disgruntled employees are more likely to file a lawsuit, claiming wrongful discharge or discriminatory practices. As such, it’s especially important for employers to proceed with caution when terminating an employee.

Below are some guidelines to keep in mind when preparing for and conducting the dreaded termination meeting:

1. Don’t procrastinate. Once you have determined that termination is necessary, you must meet with the employee right away. Waiting too long to terminate an employee may appear as though the decision is arbitrary or discriminatory.
2. Be prepared. Come to the termination meeting with notes on exactly what you are going to say to the employee as well as knowledge of how you plan to handle logistics, such as final pay, the collection of company property, and unused vacation time.
3. Have a witness present. It is critical to ensure a witness is present during the termination meeting to serve as an objective observer of what occurred. If a witness is present the terminated employee is less likely to make false accusations about what was discussed..

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4. Ensure privacy. Make sure the termination meeting is held in a private location, free from the earshot of co-workers. To ensure confidentiality and limit defamation claims, keep your discussions of the termination to only those members of the organization that have a “need to know”, such as human resources personnel or the employee’s direct manager. Not only is confidentiality important out of respect for the terminated employee, but it also ensures a more harmonious work environment. When co-workers are informed of the details related to an employee’s termination, they may become bitter and fearful of losing their jobs, negatively impacting morale.
5. Prepare for hostility. Not all employees will take the words “you’re fired!” in stride. As such, it’s particularly important to have a plan in place for handling negative reactions. Remember to be sensitive to employees’ feelings and be constructive in your use of criticism.In extreme cases, you may foresee a violent reaction and should be prepared to call security or the police to escort the employee off of the premises.
6. Be specific. Let employees know exactly why they are being terminated. In an effort to “soften the blow”, some employers provide terminated employees with false or misleading rationales for their discharge. Providing terminated employees with contradictory information, may support future litigation against the company.
7. Don’t be too harsh. Although supervisors cannot control how the employee will react to the termination decision, supervisors can deliver the news professionally and courteously so as to diminish negative reactions. Tension, belittlement, and finger-pointing will only serve to make the employee resentful and bitter, leaving the company susceptible to future litigation. To maintain the employee’s dignity, it’s recommended that you remain positive; thank the employee for their contributions, clearly explain the grounds for the termination decision, and allow the employee to respond if they so choose. However, it is important to communicate that the decision is final and not up for debate.
8. Provide employees with a termination letter. Resigning employees should be asked to submit a resignation letter. A resignation letter proves the employee left on their own accord and will typically be enough to release the company from any wrong-doing should a wrongful discharge claim be filed. All other employees should be provided with a termination letter explaining the reason for termination as well as the effective date. The termination letter serves as documentation of the reason for termination and can be particularly vital to defend against unemployment claims or lawsuits.

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9. Inform the employee of their COBRA rights. Employers are also responsible for informing all eligible employees of their health insurance continuation rights. Let the employee know that if they choose to elect COBRA coverage they must complete the election form within 60 days. As evidence that you informed the employee of their COBRA rights and provided him or her with a COBRA election notice, it’s recommended that you have the employee sign a document verifying receipt.Keep in mind employees involuntarily terminated between September 1, 2008 and December 31, 2009 may be eligible for subsidized premiums.
10. Collect company property. At the end of the termination meeting be sure to collect company property, such as company issued cell phones, uniforms, keys, and the like. Employers are by no means permitted to deduct any un-returned items from an employee’s final paycheck unless the employee has explicitly authorized the company to do so. These agreements are often made during the orientation process or when the employee takes possession of company property.
11. Provide the final paycheck. States have different requirements when it comes to payment due upon termination. Some regulations require that final payments be due at the time of termination, others require payment to be due at the next scheduled payday. To avoid liability, it is especially important to understand and follow your state regulations when it comes to payment due at termination. Also remember that employees who were guaranteed accrued paid time off upon termination (either verbal or written, as in an employee handbook) are to be paid for their unused time.
12. Ask the employee’s opinion. Especially when employees choose to leave the company voluntarily, it is important to conduct an exit interview to find out exactly why they are leaving and what they liked and disliked about working for you. This will serve to improve working conditions and retain your valuable employees.

Although terminating an employee is often unpleasant, and not to mention challenging, following the guidelines listed above will help to simplify the process and protect the company from legal liability. Properly preparing for the termination meeting and ensuring appropriate procedures are followed will go a long way in shielding your company from expensive lawsuits.

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