4 Steps for Communicating the Importance of Liability Protection, by Corie Mallen

In today’s society, it seems like an obvious idea that every company has an effective process in place to protect their employees and themselves from liability associated with workplace incidents. However, sometimes the costs of implementing such processes can weigh heavily on the decision to move forward with a new product or service. Here are some tips on how to sell your decision makers on the necessity of having a secure and consistent process in place to be aware of and investigate workplace incidents.

  1. Think about what outcome you want and how what you are proposing can make your workplace better for both employees and management. 

Workplace incidents can cost companies hundreds of thousands of dollars in numerous ways whether it be settlements, lost productivity or losing good employees because there is not enough trust in the company. There are new programs and systems that utilize technology to make investigations more efficient and consistent and while the cost of these programs may not already be a line item in your budget, they should be weighed against having to pay a large settlement, the cost of back filling positions of good employees who decide to leave and how much time will be saved  with an automated  process.

  1. When building your proposal, realize who your audience is and what benefits this proposed endeavor will provide for them as well as the company as a whole. Sometimes proposals are more about educating your audience. When you’re presenting to someone who has possibly never conducted an investigation, what would you like them to leave having learned? How can you speak to them, so they will understand your viewpoint? It all goes in to knowing your audience and your own goals. For example, if you’re trying to sell them on a product that streamlines investigations and the Chief Financial Officer is your roadblock, try to include statistics on the money saved by having such a product in hourly wages through automated efficiencies or simply a comparison of a past settlement to the subscription cost.
  2. Test out your proposal.

Before heading in to sell to the decision makers, try and catch one or two of them to test your proposal and adjust where necessary. Testing can give you valuable feedback on what to expect before going into a presentation. You don’t have to run through your entire proposal but if you can catch one or two people for a few minutes and give them a couple of points you feel are important to your case, they may be able to give you feedback on certain language you may want to use, or their body language can yield whether your presentation held their interest. This may also allow them to think through the proposal ahead of time so you will have at last one or two people on your side going into your presentation.

  1. Stay calm, control your presentation and utilize opportunities for further discussion.

It’s important to stay calm. If you believe in what you’re trying to sell to management, it will come across as such. You want to make sure you’re prepared with all obvious answers to questions and make sure you control the time and stay on track during your presentation. If a question is asked and you don’t have an answer, don’t panic. Just let them know you will get back to them with the information in a timely manner. That will open the door for further communication on the subject and allow you to keep the idea fresh in their minds.

If you would like a proposal template to help you prepare to present your project for budget approval, email Corie@goinvestiPro.com.

To learn more about new tools that are available to help calm the fear and chaos in workplace investigations, and make you the hero by improving your company culture while increasing liability protections, go to GoInvestiPro.com.

The 5 Best Reasons to Conduct HR Investigations May Surprise You

If you haven’t already read “The 5 Worst Reasons for Not Conducting HR Investigations”, you may want to start there. Sure, it’s fun to get a chuckle over other people’s excuses, until we realize how often investigations are being avoided. But investigations don’t have to be scary, chaotic or disruptive. As a 26-year HR Professional with a focus on employee relations, culture building and investigations, I can tell you from experience there are some positive outcomes in the workplace from employee investigations done right. So, I will share with you the Top 5, not from reading it somewhere, but from experience. It may surprise you to see that liability protections, financial savings and a reduction in turnover did not even make the top 5. That’s because when you start doing investigations well, those things will fix themselves.

Top 5 reasons to conduct employee investigations

  1. Managers become better managers when they know that there are standardized business processes in place that are followed regularly, and can make managing difficult employees easier.
  2. Employees who know that there is a respectful process in place for resolving workplace conflict, know what that process looks like, AND have seen it be used frequently to resolve issues with a positive outcome, are more engaged in their work.
  3. Complainers (or dramatizers as I like to call them) will begin to think twice when they come in to complain about every little thing when they know that HR will dig in to the details and they could be held accountable for spreading non-truths.
  4. When employees are trained on how to communicate better between themselves, and experience what a civil and respectful workplace looks like, they are more likely to address problems with each other first. And bystanders are more likely to get involved.
  5. When employees are confident that issues brought forward in good faith will be respectfully handled, without retaliation, unacceptable behaviors are brought forth much earlier allowing for simpler resolution with less impact to the workforce.

If you have questions about how this may work, situations that you think could have been resolved better and want to know how, or have seen a civil, respectful and consistent process not work, please comment and let me know. Let’s try to find a resolution together.

If it’s time to find a better way to handle HR investigations in your organization, learn what automation can do at goInvestiPro.com.

The 5 Worst Reasons for Not Conducting HR Investigations.

If you ask a CEO or HR professional if they conduct HR investigations, they will say “of course”. But when you dig in a bit further, all too often there is an “unless” statement. Here are some of the worst reasons that I have heard so far this year:

Of course we do investigations, unless….

 

  1. the owners tell us not to because they don’t want the story to get out and upset the workforce.

 

  1. it’s open enrollment. We have to prioritize and getting employees enrolled in benefits is more important.

 

  1. the complaint is about someone in the sales department. The culture with them is different, and the Director prefers to handle issues in his department himself.

 

  1. the HR manager is out. There is no one else trained to do investigations, so if she is out for more than a week, by the time she returns it is generally too late.

 

  1. it’s a situation that we think will open a whole can of worms. Let’s face it, there are some people who will not change their behavior and the company won’t discipline them, so it’s better to just leave it alone.

 

Conducting a thorough and unbiased workplace investigation is the single best way to protect the company from liability. Although some employers are still fearful that an investigation will increase potential liability, the statics show this to be untrue.

 

In most cases, employees know what is happening in the workplace long before management or HR. Not acting is a clear message to employees that that rules don’t apply to everyone, and civility in the workplace is not a company priority.

 

Send employees the right message by clearly communicating your investigation process to reduce fear and ensure accountability across the entire organization. Then, investigate every time a situation of improper behavior comes to light to earn trust within your workforce.

 

Want to simplify your workplace investigations?  Learn more at www.investipro.com.

Hey CEO, are you confident in your harassment reporting process? #NoRetaliation

When asked about their current workplace investigation process, most CEOs will respond with, “HR has that under control.” To which I respond, “That’s good. When was the last time you talked with HR about it?” For those who responded that they have had a recent conversation, it generally went something like this:

(CEO) “Hi, I take it you have been hearing about all of the sexual harassment claims in the news.”

(HR) “Yes, I can’t believe that there is a new claim almost daily.”

(CEO) “Are you hearing anything from our employees.”

(HR) “Not really. A little joking around, but that’s it.”

(CEO) Okay, but we’re covered, right? I mean, do we have systems in place to handle this type of thing in case an employee complains?”

(HR) “Sure, but I will let you know if we get a complaint.”

(CEO) “Great. Keep up the good work.”

Has the CEO in this situation done enough to communicate just how important this matter is to the organization?  Not in my opinion, because the conversation doesn’t prompt any action toward driving change. I get it. These conversations are not comfortable and no one wants to bring up a potential problem. But early intervention can mean the difference between quietly and respectfully correcting a problem, and a very public lawsuit.  Here are 5 questions every CEO should be asking HR to begin the conversation and the road to prevention.

  1. What is our current process for handling sexual harassment misconduct?
  2. Is this process fully compliant with state and federal legal requirements?
  3. Are our employees familiar with the process and are they using it?
  4. Are we proving training and encouraging employees to come forward immediately with their concerns?
  5. How much of the HR budget is being put toward Sexual harassment prevention?

And then ask, “What can I do to support HR in preventing sexual harassment in our workplace?”

The common thread in the media news reports is that the victims did not report the incidents when they initially happened due to fear of retaliation. According to the EEOC, “…on average, anywhere from 87% to 94% of individuals did not file a formal complaint. Employees who experience harassment fail to report the behavior or to file a complaint because they anticipate and fear a number of reactions – disbelief of their claim; inaction on their claim; receipt of blame for causing the offending actions; social retaliation (including humiliation and ostracism); and professional retaliation, such as damage to their career and reputation. (EEOC Task Force Study on Harassment)

CEOs, executives, board members, managers and HR professionals, this can’t wait until tomorrow. Start the conversation today. #NoRetaliation

Ready to simplify your workplace investigations? Learn how at GoInvestiPro.com.

Sexual Harassment; the silent epidemic.

With as often as you hear of new sexual harassment cases in the news, you may wonder why I refer to Sexual Harassment as the silent epidemic. Unfortunately, the stories that make the news often leave the public feeling as though this only happens in big business and tv land. But the silent side of sexual harassment can, and is, happening throughout all industries, in all size companies across the US. The statistics provided by the Equal Employment Opportunity Commission (EEOC) prove that fact. And it is time for employers to realize that this can be happening right under their noses, if they are not implementing policies and training to prevent it from happening.

On Sunday night, NBC Nightly News ran a story that revealed the true statistics, Continue reading

Ford did their investigation, so what went wrong? Result: $10M Settlement.

When a company is in the news for paying out at large harassment discrimination settlement, the first thought is that they did not conduct an appropriate investigation. But that is not always the case. Last week the EEOC ended an investigation into claims of harassment by employees in two Ford facilities in the Chicago area. (https://www.eeoc.gov/eeoc/newsroom/release/8-15-17.cfm) Based on the findings, Ford agreed to settle the claim for $10.125M in monetary relief to multiple female and African-American employees who had claimed sexual and racial harassment. Ford chose to voluntarily resolve this issue with the EEOC, without admission of liability, to avoid an extended dispute.

A spokesperson for Ford provided a statement that, “Ford does not tolerate harassment or discrimination of any kind; we are fully committed to a zero-tolerance, harassment-free work environment at all facilities and to ensuring that Ford’s work environment is consistent with our policies in that regard. Ford conducted a thorough investigation and took appropriate action, including disciplinary action up to and including dismissal for individuals who violated the company’s anti-harassment policy.” As such, it appears that they met the legal requirements. So that may have you wondering what went wrong.

It is simply not enough to conduct an investigation once an employee or group of employees comes to HR and files an official complaint. A company must be able to prove that their managers are trained regularly on what behaviors to look and listen for, in order to stop the behaviors before they become systemic or egregious. And take prompt action to investigate immediately at the first sign of a problem. It is equally important to ensure appropriate follow up post investigation to ensure the improper behaviors have stopped and no retaliation is taking place.

In the Ford Motors case, there was reasonable evidence that employees and managers were aware of the behaviors which were claimed to meet the definition of harassment, and that they did not address the issue in a timely manner. Their excuse was that no official complaint was made, even though there was open discussion by employees in the workplace, so no investigation was required. This resulted in the improper conduct continuing, and affecting more employees, until an actual complaint was filed. By the time a formal investigation was conducted, the EEOC found that the company had retaliated against employees who complained about the harassment or discrimination.

In addition to the $10 million to be distributed among the claimants, Ford will be under the scrutiny of the EEOC for a period of five years and will be required to report any employee complaints of harassment and/or related discrimination. They must also provide documentation that they are continuing to disseminate their anti-harassment and anti-discrimination policies and procedures to employees and new hires. And provide proof that they are constantly monitoring their workforce for issues of alleged sexual or racial harassment and related discrimination, to include monitoring by managers.

To prevent this from happening to your company, take the following steps:

 Institute a walking management policy. This type of policy requires all supervisory employees to spend a required amount of time each day observing and interacting with their workforce, and noting conversations and behaviors that may signal problems.

 Train supervisory, HR and executive employees on what signs to watch for. For example, the absence of conversation when managers walk in the room, changes in absentee patterns and physical rigidity or avoidance when interaction with a specific employee or employees are required.

 When it is noticed that an employee is acting differently, start a conversation. Even if it only includes small talk to begin with, it will increase the comfort level of the employee in coming forward with a complaint.

 Prove that the company/HR open door policy is effective by making it a priority to stop what you are doing to allow employees to come in and talk. It can be difficult for an employee to come forward, and if they are shut down on the first attempt they will generally not try again. Then follow up on the information you receive, even if there is no formal action to be taken.
For more tips and guidance on Investigations, sign up for the HR Investigator’s Blog and the Workplace Investigations Quarterly Newsletter at www.investipro.com.

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Workplace Investigations Improve Company Culture. Really?

Over the last few months, I have been speaking at regional HR meetings on the topic of “Using Workplace Investigations to Drive Employee Engagement and Improve Company Culture. And although I hear some skepticism on how this could be possible, attendance has been at very high levels. When talking to the attendees, I am hearing that HR professionals are very interested in finding a better way to handle sticky and serious employee relations issues. But there are numerous reasons why we are still doing the same old thing.

  1. There is no time to spend on research and implementation of anything that is not a daily process.
  2. Although investigations are costly and time consuming, most HR departments do not have a budget set aside for employee relations.
  3. The limited training resources available on investigations don’t provide information that transfers over well to actually conducting the investigation.
  4. Owners and/or executives are under the impression that avoiding investigations creates less liability than exposing possible problems in the workplace.

Now consider this. What if a workplace investigation was simply another standard business process that HR used to talk with employees and gather information, in order to find out what is really happening in their organization so that improvements can be made? When you think about it, you are likely doing this to resolve issues that arise and improve communications and actions between employees anyway.

Recent surveys show that employees often don’t bring forth issues of discrimination, harassment and bullying because they either don’t believe anything will be done about it if they do, or that they will get blamed and be treated poorly or lose their job. HR must clearly communicate a new initiative to investigate all workplace challenges in the same manner, in order to create a great place to work for everyone. And then stand by that promise. The good news is, they don’t even have to be called investigations. Maybe the “Better Workday Project” would fit well into your company culture. When employees start to see a positive impact, they will get on board.

There are several benefits that come from using the same “investigation” process for all forms of workplace conflict.

  • Employees get comfortable with the process and open participation increases.
  • Employees begin to see that brining issues to HR really does lead to resolution and a better place to work.
  • The relationship between managers and HR becomes more interactive.
  • Studies show that employees that trust upper management and HR, and feel they are treated fairly, are more productive and engaged with their peers.
  • When the serious accusations arise, investigations are more productive, and employees are less fearful. After all, they usually know what is happening in the workforce before management or HR.
  • It is much easier to get owners and executives on board for the serious investigations, when they have seen improvement by investigating the smaller employer relations matters.

One step forward:

The next time an employee relations issue arises, take the time before you act to plan out a means to deal with the issue that implements the standard steps of an investigation. Then work through the steps methodically to see how this application could reduce time spent and make the process more calm and respectful.

Don’t have a streamlined, compliant investigation process in place? Get a little help from InvestiPro.

www.investipro.com

Will Your Investigator Spill The Beans? A Lesson From The White House.

Whether it’s your VP of HR, a department manager or an outside investigator, can you be sure your workplace investigator won’t jeopardize the investigation by sharing too much information? We all believe that our people know better than to share the details of an investigation with anyone who does not have a business need to know. But sharing information at the wrong time, even with the right people, can still jeopardize the investigation.Continue reading