HR Wench

11th Annual Talent Management Summit

2008-07-08T14:01:00.000-07:00

I was recently invited to attend the 11th Annual Talent Management Summit this October 20-23 at The Venetian Resort in VEGAS BABY!

Am I going? Heck yes I'm going!

What about you? Still undecided? Well, let me tell you why I'm going and why I think YOU should go too (besides to meet me, of course).

Human Resources IQ has held this annual summit for 11 years. That means it's been around since you were listening to the Spice Girls wail "I wanna I wanna I wanna I wanna I wanna really really really wanna zigazigaaaaaaaaaaaah"

There are 8 different pre-conference workshops to choose from, each of them about 2 hours long so you don't get bored out of your tree on one subject. Here is one I'm hoping a lot of people attend: Karen Browne, the COO of PEOPLESCOUT, will be talking about Employment Communications as a Strategic Asset: Optimizing your Company's Key Strengths in the Recruitment Process. I hope to heaven she hits on the importance of follow up and follow through with all "touched" candidates!

On the main conference days you get to choose between 2 tracks. The first is Identifying Talent and the second is Developing Talent. I am liking this track thing! If I think I have one subject down, or if I'm just tired of hearing about it, I can pick the track where I would learn the most. Good times.

The list of speakers & facilitators is impressive. No "please, PLEASE come to our conference, we have Sidney Poitier and Stedman Graham!!" stuff here. Just business results oriented professionals like you from companies like Nike, Starbucks, Target, Kashi, GE, Tempur-Pedic, Mastercard Worldwide, Herman Miller, Equifax, AT&T, Avon and Metlife.

Are you worried it will be all business and no pleasure?

Did I mention it was in VEGAS?

Actually, you know what part of the conference I'm really excited about? The last day there will be a Zappos University Site Tour. Have you heard about Zappos? The great products and outstanding customer service? The fantastic culture? Their pay-people-to-quit theory? No? Well let me tell you...they are looking for a Recruiter right now and here is a taste of the job description on their website:

Zappos.com is known for its unique culture, as defined by our Core Values and by our commitment to provide truly amazing customer service. We want to "Wow!" not only our customers, but our business partners, vendors, and especially each other. A recruiter at Zappos.com is critical in identifying and hiring people who genuinely reflect that philosophy.

But the responsibilities don't end after a candidate is hired! Recruiters also work hard to protect and enhance the company culture for all employees. At every opportunity, Recruiters are creating fun, company-wide events and programs, and try to perform even the most standard job functions in a way that's "very Zappos."

Basically, this isn't your typical company, and it sure as heck isn't your typical recruiting team!

Dudes, I will see you there!

Top secret HR Wench tid bit: if you register by August 1st you can save some serious cash. Head on over!

HRM Today & HR Bloggers Social Network

2008-07-07T13:17:00.001-07:00

Are you in human resources? Do you read blogs, write a blog or want to write a blog (you know you do!)? Well, I've got some resources for you humans!

HRM Today, the brain child of Your HR Guy (Lance Haun) is rocking and rolling, yo! At HRM you can:

Read a bunch of great posts from a variety of HR blogs, including mine.

Start and maintain your own HR blog or, if you already have a blog through another service, simply send your feed to HRM so your posts show up on your blog and HRM.

Read more and get started, yo!

Even better, HRM Today is now sponsoring *the* social network for HR Bloggers at www.hrbloggers.com.

Created by Punk Rock HR's Laurie Ruettimann via Ning, this social network connects HR Bloggers from around the world, including yours truly. Announcing the new partnership she writes,

I am very proud of this partnership. The HR Bloggers network is your space to meet like-minded professionals who feel compelled to write about issues related to Human Resources (just like you!). My goal was to open up the space for a thoughtful conversation. The rest is up to you.

I promise that you won't be inundated with cheap & silly advertising (other than the network's google ads), high-pressure sales pitches, or anything that violates the spirit of the social network. HRM Today's sponsorship basically covers the costs associated with changing our domain name to HR Bloggers (and some shopping money so I can buy my cats a few treats - the fancy kind with hairball medicine).

Well there you have it. Resources for humans that blog about human resources. So much deliciousness!

Payroll Woes - Ask HR Wench

2008-07-06T13:37:00.000-07:00

Payroll - you know I hate it. A reader is hating it too right now. Let's see if we can help him, yo!

I have 2 jobs right now to help pay off my bills. My regular Mon-Fri job is great. My weekend job is great too but there seems to be a little confusion regarding pay. Let me try to make this as clear as possible because I'm really confused by this.
I started April 19th, 2008.
I work Sat-Sun 4pm-9am and then Sun-Mon 4pm-8am for a total of 33 hours.
I get paid semi-monthly, on the 15th and 30th.
I get paid around $14 an hour (So One Weekend is 33hrs x $14 = $462.
I work in the state of New York.
The company's workweek is Monday through Sunday.
I have so far received 5 paychecks:
1st. 4/30 = Gross Pay $931.00
2nd. 5/15 = Gross Pay $462.00 (I complained, and they said I would get reimbursed on my next check for 5/30)
3rd. 5/30 = Gross Pay $476.00
4th. 6/13 = Gross Pay $938.00
5th. 6/30 = Gross Pay $462.00
With the 3rd paycheck I received the following email,
I hope this doesn't cause an inconvenience for you....

Now that you are officially on payroll, we need to get you on the same pay schedule as everyone else, in accordance with the books. In order to do so, we will need to hold back your check for a pay period, as we do with all new employees.

You will still receive a check this pay period (Friday), but for your missed hours from last time only. The following pay period, the 15th, you will get paid the times sheet hours reflecting this past two weeks. And so on....
When I complained about the 5th paycheck I received this response,
The discrepancies in your paychecks have to do with where weekends land in the payroll period. Our payroll is semi monthly, 1st - 14th, 15th -30th. If your hours don't show up in one check, they should show up in the next.

If you feel this is not the issue, then lets please review the stubs and see where the issue lies.
Is this correct? So because of the pay cycle on some checks I only get paid for 33 hours of work and then on the next check 66 hours of work. This is where I get confused. Any help would be greatly appreciated.

Ok this is how it works: there is no such thing as "holding back a check for one pay period". That, in fact, is illegal as far as I know. What typically happens is, you have to start working, then the pay period ends, then you turn in your hours for that pay period and then a week to two weeks later you receive your paycheck for that pay period only.

Let's break this down:

April 19 - You start work.
April 30 - Pay period of April 15-30 ends, you turn in your hours worked AND receive a paycheck for work since you started the very same day?!

In most payroll systems I have had experience with, the above does not happen. What would normally happen (it's my guess this is what your payroll person is talking about when she says "holding back") is:

April 19 - You start work.
April 30 - Pay period of April 15-30 ends, you turn in your hours worked.
May 15 - You receive your first check for hours worked during pay period April 15 - 30.

This is why people get "a big check" (or a regular check plus a "cash out" check) when they leave a company - because processing time makes it so that payroll is always in arrears.

Another thing that may be throwing a monkey wrench into this is the time of day you work. I don't have experience doing payroll for swing or night shift folks, so I will rely on readers to chime in and correct me if I'm wrong. Your company's workweek may be 12:00am Monday to 11:59pm Sunday. This means you may very easily start a shift in one pay period and end the shift in another - like if today was Sunday the 14th and tomorrow was Monday the 15th.

I hope this makes sense.

What doesn't make sense to me are the amounts you are being paid. Because I am an annoying and nerdy HR person, I broke this down in Excel. You can check it out at Google Docs here. The first chart shows how things are typically done in a semi-monthly pay period situation. The second chart shows what may have been done in your case. I encourage you to print it off, take it to your payroll person (or email it to her/him if located off site) and ask for clarification.

Good luck and let us know what happens!

ERISA FAIL

2008-07-05T15:08:00.000-07:00

As many of you know, there is a little law out there called ERISA. This federal law was established in 1974 to set "minimum standards" for private employers who choose to provide benefit plans for their employees.

According to the US Dept of Labor,

ERISA requires plans to provide participants with plan information including important information about plan features and funding; provides fiduciary responsibilities for those who manage and control plan assets; requires plans to establish a grievance and appeals process for participants to get benefits from their plans; and gives participants the right to sue for benefits and breaches of fiduciary duty. [Emphasis mine]

So, basically, due to a lot of crappy events (like companies poorly funding their pension plans and then going broke), ERISA was enacted to protect the interest of employees and their beneficiaries that joined employer sponsored benefit plans.

Right now you're probably thinking, "Um, thanks for the history lesson HR Wench, but what has this got to do with anything?"

Well, I tells ya:

Thomas Amschwand worked for Spherion Corp and was enrolled in their Group Life and AD&D (ERISA covered) welfare plan.

In August 1999 Amschwand received a very scary diagnosis: a rare form of heart cancer. He took a leave of absence from his job, but remained employed.

While he was on leave, Spherion switched insurance carriers.

Amschwand elected $426,000 in group life insurance with the new carrier, Aetna. He wrote checks to Spherion for his portion of the premium while he was on leave.

Aetna's policy had an "Active Work Rule" (AWR). Basically, if an employee was not actively working on the date their coverage became effective, the effective date of the coverage would be delayed until the employee actually came back to work for at least one full day.

This is the best part: Aetna agreed to waive the AWR for Spherion employees that were on leave during the carrier change. All Aetna needed were the names of those employees. But guess what? Spherion didn't give them Amschwand's name.

Even better: Spherion never informed Amschwand about the AWR nor did they provide him with a Summary of Coverage, even though he asked for it several times. Oh and by the way? The AWR was explained in the Summary of Coverage.

What Spherion DID do is tell Amschwand, several times apparently, that he was covered and good to go.

You can probably guess what happened next. In 2001, at the age of 30, Thomas Amschwand died. His widow did not receive life insurance benefits. So, like anyone would, she sued Spherion. Guess what she got? A refund on all the premiums her husband paid for the coverage. A few thousand dollars. Not even enough to cover the costs of his funeral.

The issue is not whether or not the widow was destitute, didn't work, needed the money to pay for her late husband's medical bills or blah blah blah. The issue is her husband paid for life insurance to go to her in the event of his death, and she didn't receive those benefits.

And that, my friends, is a blatant FAIL on the part of Spherion, ERISA and our court system.

Even one of the Judges in the court of appeals laments,

The facts as detailed in Chief Judge Jones's opinion scream out for a remedy beyond the simple return of premiums. Regrettably, under existing law it is not available. I am constrained to join the court's opinion, which I find correctly applies controlling precedent. [Emphasis mine]

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UPDATE: Oh noes! I forgot to give props to Punk Rock HR's own Laurie Ruettimann for sending me the article that inspired this post. Thanks Laurie!

No Shows - Ask HR Wench

2008-07-02T21:27:00.000-07:00

The reader questions are rolling in lately. Here's a new one:

Dear HR Wench,

I have a three employee office and needed to replace one person. I offered the job to a person who is a year out of high school. The job is entry level, great benefits. She was highly recommended by a person whose opinion I value.

In my offer letter I said her start date was July 14 and wrote, "Please call me and schedule a time to come by before July 3, 2008 to complete your employment paperwork." I mailed this letter Friday, June 20. I was out of the office June 26 and 27, but called her June 26 because I had not heard from her and thought she might try to call while I was out. She said she had just called me and that she was going out of town for the weekend to visit her brother and his wife who had just had a new baby. I told her to call me Monday and come by. Today is Tuesday noon and I have not heard from her again.

My questions are:

1) Is there any way she could have misunderstood my letter and thought I meant to call by July 3?

2) Is this a bad sign that should make me reconsider my offer unless she offers a really good reason for not calling?

Yours,

Puzzled Employer

First, since I am an annoying HR person, I would like to offer the following top secret tidbit: Employees technically do NOT have to fill out actual employee paperwork (I-9, W4, etc) prior to their first day of work. If you tell them they are required to do so, you have to pay them for coming in to do it and that day becomes their first day of work. Seriously. Check the FLSA.

Some people (like me) like to come in for paperwork prior to the first day as it affords further time to schmooze and scope things out. Others like to do it because their employer just mails them the packet o' papers and they don't waste time writing their name and address a thousand times on their "actual" first day. But some, especially those transitioning from one job to another on a tight schedule or those who need to earn every penny they can get, don't like it. It's not a huge deal, just something to keep in mind.

Second, even if a job is entry level, that doesn't mean you have to hire "the bottom of the barrel". I'm not slamming your candidate (ok, actually, I am), but I get the feeling you think you have to take what you can get. You don't. You can do any number of things to a) make the job more attractive and compelling and b) find better candidates.

Now to your actual questions.

I'm guessing this gal actually accepted your offer of employment. You would be surprised how many HR / recruiting peeps and job seekers alike don't understand the whole offer - acceptance or decline routine.

If she misunderstood your letter, I would be surprised. Even if she did misunderstand, you spoke with her on the phone on the 26th and spelled it out pretty clearly. You followed HR Wench Rule #136: Always communicate something important twice, via two different methods (phone, email, letter, in person). Good job!

Yes, this is a bad sign. She is either in a coma in the hospital, doesn't want the job, or is a big jerk. Two out of three should make YOU not want HER.

So what do you do? Dude, I would totally call her. Just ask what is up, figure it out and move on. Unless she is physically incapacitated, there is no excuse for what she did. If she IS physically incapacitated, figure out if you can deal with her not starting until she can and be nice about it.

Let us know what happens!

Call Center Recruiting

2008-07-02T13:17:00.001-07:00

My HR blogging friend HR Minion and I have been talking about call center recruiting lately.

Back in the day, at my first HR job, we hired anywhere from 10 to 30 people per month to work as sales/customer service reps for a very popular infomercial product.

The job was hard to fill as it was only $12/hour and part time until the employee achieved a certain level of sales. When they got over the hump they were offered full time employment with full benefits (which lagged the market, by the way). Once they got to that level, their commission got really good. I recall an employee grossing almost $110k in one year (yes, in a call center).

The company was pretty thorough in its recruiting process. Resume, phone screen, interview, references, background check (including the dreaded credit report - but that is another story), offer, drug test, first day. Since we hired so many people at once, and a minimum of two weeks of training was required, we took to hiring "classes". So once you were offered the job and passed the drug test, your start date was the day the "class" started. When we had a big class to fill, this might be 3 weeks out or more for those who received the earliest offers.

Consequently, we had some people "drop out" of an accepted offer prior to starting. We knew we had to make the recruiting time line shorter and the job sound more compelling. As for it actually being more compelling, I left that to the HR Manager and call center heads. There was only so much heartburn I could take.

Anyhow, what we ended up doing was revamping the "employment brand" by kicking our advertising up a few notches and installing a dedicated 1-800 number with a recording for candidates to apply via voice mail. Basically, instead of accepting butt loads of paper resumes and wasting our time phone screening people who sounded like CRAP on the phone, we would place a big ad in the paper (awww, remember those days?!) with lots of color & graphics and instructions on how to apply via the 1-800 number. It was something like, "To apply call 1-800-555-5555 and follow the recorded instructions."

The recorded instructions (voiced by yours truly) were something like "Hello and thank you for your interest in X job at Y company. To apply for this position, please clearly state your name, telephone number, best time to reach you and briefly describe your experience in sales, including total number of years in the industry".

It was an instant hit. We received a couple hundred calls for each ad we placed. The calls would show up as sound files in one of my Outlook in boxes (we used a computerized phone system similar to Shortel). In the morning, I would slap on my head phones and play the calls, noting which ones I wanted to call back. In the afternoon I would make my call backs and do phone screens. If they were good, I scheduled an interview right away. If they sucked, I went on to the next one.

This ended up ratcheting down our recruiting time by quite a bit. It also resulted in more diverse candidates. I mean, how easy is it to pick up your phone and apply for a job? Pretty damn easy.

We also received some hilarious prank-like calls that I would save and play for my HR buds. Stuff like, "YES, UM, HELLO, UM, I, UM, HAVE, UM, EXCELLENT, UM, ORAL, UM, COMMUNICATION, UM, SKILLS. YOU SHOULD CALL ME!"

Good times.

A Good Interview

2008-07-01T14:30:00.000-07:00

I can't believe it, I actually had a good interview the other day. There is hope for me yet!

I've decided that what I'm most interested in are positions that focus on either benefits (in the broadest sense of the word) and/or employee relations. I'm willing to do other things, like recruiting, as long as my focus is largely bennies and/or ER.

I applied for a benefits position with a local Fortune 1000 company. I blogged about it a little bit the other day, but since I had my interview on Thursday I have some more information.

From the research I've done, the company appears pretty solid in it's operations, growth and finances. I love their employment brand (Yes! They actually HAVE one!). I was very impressed by the Hiring Manager and Director of HR. They seem to "get it". They asked good questions and seemed to know their stuff. Whew!

I think I nailed it.

The hiring manager is on vacation this week so I am planning on following up next week. I sent my hand written thank you notes (I'm old school) and I'm creating a list of questions on things I (of course) thought of after the interview. I'm hoping I get another interview & get to meet some peers of the position.

CROSS YOUR FINGERS FOR ME!!

Here is what I would be doing in this position, in case anyone is interested (um, of course you are!):

Administer all company benefit programs (for represented and non represented employees) including health, FSA, disability, life, pension, etc.

Designing & producing scheduled and ad hoc reports.

Reconciling bills & researching errors.

Main contact for all employees, TPA's and benefit vendors.

Benefit legal compliance (ERISA, HIPAA, COBRA, etc).

Training and supporting HR Business partners in benefit matters.

Mergers and acquisitions benefit plan changes, additions, projects, etc.

The best part is this position is non-exempt. HELLO OVERTIME!! I've missed you.

Illegal Hiring Practices? - Ask HR Wench

2008-06-29T20:50:00.000-07:00

Another reader question!

Is it "legal" for a public agency to fill a position without advertising it (internally or externally)?

My hubby works as an Engineering Technician for a special district in California. To fill a new position of Junior Engineer, the district's Engineering department head and supervisor went to the college and specific academic department from which the supervisor graduated to "recruit." The position was never posted or announced within the district. It was never advertised in any way. There was no job fair or anything like that at the college. The perception is that the supervisor asked one of his former professors if any of his students would be interested in the job... then hired the student who was recommended.

District employees only discovered that there had been a Junior Engineer position available after the district introduced the newly hired Junior Engineer via the district employee newsletter.

Because my hubby met (actually exceeded) all qualifications for a Junior Engineer position, which would have been a promotion for him, he definitely would have applied for the position had he known about it. He has many years of position-specific experience at the district and feels he would've been more qualified to fill the job than someone fresh out of college with no experience.

Naturally, he is upset that he didn't get the chance to compete for this job. Another Engineering Technician at the district would've been eligible for the Junior Engineer position as well, so my husband isn't the only qualified employee who didn't get a shot at the new job.

Does my husband have any legal recourse? Were any hiring practices violated? What, if any, action would you recommend he take? (The district does not have an HR department; the finance officer also handles HR issues.)

Sorry this is so long, but wanted to explain the details for ya. I'm a long-time fan of your blog and know you'll give us the straight scoop. Thanks in advance for your help!

Full disclosure: I've never worked as an HR pro in a public agency. However, it is my understanding that public agencies do/do not post open positions based upon:

Their own internal policies

Local law

Collective bargaining agreements

My guess is there are no local laws in your area and/or no collective bargaining agreement that addresses this specific issue.

Here are a couple of ideas from an HR / management perspective as to why your husband's supervisor may have done what he did:

Fresh out of college guy may be thousands of dollars cheaper in salary requirements than promoting a current employee.

Fresh out of college guy is "new blood" and may bring new ideas & energy to the organization.

Recruiting is the kiss of death for a lot of managers ... especially those who do not have a smart & savvy HR department to support them through it.

So, what should your hubs do?

Well, if he really wants to get ahead at the agency he works for, and can truly handle constructive (and even NOT constructive) feedback, then I would encourage him to schedule a meeting with his boss.

He should let the boss know he was disappointed he didn't have the chance to compete for the newly filled position, but not dwell (or whine) on that point. Then he should ask the boss what he needs to do in order to be considered an excellent candidate for the next available promotion.

Then, he needs to sit back and listen; take notes even. But he needs to keep his mouth closed. This isn't a "What do you want, MY SOUL?!!!" meeting. This is a "Help me help myself while I'm here under your regime" meeting.

Unleash the reader comments.....

............wait for it....................

NOW!

Slacker Managers - Ask HR Wench

2008-06-28T14:08:00.000-07:00

A reader has a question, yo!

I came across your blog and thought I would ask for some advice. I have been employed at a company that I love and have been with the company in many different positions for the last 10 years. The last two years I have noticed that my HR manager and my senior manager (AGM) are out more than they are in. I as well as some of the other managers have voiced our concerns to the General Manager and he is aware that this has been going on.

Every week something happens that they are out and they are both almost always out when their superior is out. For instance, my general manager is off for a long weekend and today was his first day out. My HR Manager left 4 hours early saying she was not feeling well and my AGM left about 4 1/2 hours early stating the same reason.

I work in a retail environment and we are open all weekend. Both these women are scheduled to work with me and I know they are not going to show. It's classic and I have learned to call it. My question to you is, how do I let my boss know that I am tired of being held to a higher standard expected to report to work and work my full shift when these other two managers are averaging a 25-30hour workweek? When this happens, it is really difficult for me to do my job because I have to pick up the slack for the other two.

On top of this, my HR Manager tells me when I need to write up one of my associates for their attendance and I want to scream and ask how we can do this when they are aware of how much she is out. The associates all feel like they are entitled to be out whenever they want because the HR Manager is out so much. It is very hypocritical and really lacks integrity. I am afraid to go above their heads because I know it will be revealed that I was the whistle blower. What can I do?

It's hard when your co-workers act like douche bags. Believe me, I used to work with an HR pro (let's call her Pond Witch) that was supposed to be accessible to employees but did everything she possibly could (locking her office door, placing "do not disturb" signs on her door, turning off her phone, papering up her windows, etc) to keep them out.

It was pretty craptacular and bugged the F out of me, other HR pros and the employees. We definitely had to pick up the slack and we resented it.

The best part about the situation was the HR Manager and Pond Witch were BFF's outside the office so no one felt comfortable going to the boss. Talking to Pond Witch herself was out, as we literally couldn't get TO her and when we could she would pull some asinine move like continue to type and look at her monitor while we were trying to talk to her.

Yes, she was THAT socially inept and still worked in HR. Amazing.

So, one day I decided I wasn't going to take it anymore. I had a talk with the HR Manager and told her morale in HR sucked, there was an appearance of favoritism, employees (our clients) were complaining about Pond Witch and I for one was sick and tired of picking up her slack.

At first the HR Manager balked a little and started to give me a line about "team work". I told her that if one person is doing 5% and three others are doing 95% that is not the definition of "team work". I made it clear that I knew I didn't know everything about the situation and that if Pond Witch was supposed to be doing something that included zero employee customer service GREAT, just let us all know so we can stop hating her guts.

Guess what? It worked. A little bit.

Pond Witch was still socially inept, but the appearance of favoritism lessened. The door was locked less frequently. My HR Manager seemed to be more in tune with me after that. She seemed to care more.

The best part? I had said my peace and was able to let it go. I concentrated on my work, not hers. I also played dumb as much as possible. This ended up sabotaging Pond Witch a couple of times. "Oh you have a benefits question? I sure wish I could help you but benefits is the SOLE responsibility of Pond Witch. Let's go ask her about it together so we can both learn the answer. Oh. The door's locked. I guess we should knock REALLY, REALLY LOUD until it is opened."

So, my advice is:

Realize you may not know everything there is to know about the situation. I know it sounds far fetched, but there really could be a good reason one or both are gone a lot. Reasons that may be none or your business.

Ask yourself if you really, truly have to work harder when these bozos are not there or if it just makes you mad on principle.

If you truly have to pick up the slack when they are gone, ask yourself WHY. If what they are supposed to be doing didn't get done, what would happen? Are we talking crucial stuff like getting people paid on time, meeting customer needs and keeping inventory secure? If not, DON'T DO IT. Do they ask you to cover for them? SAY NO: "Sorry, I've got x, y and z to finish before I'm off at 6pm" and walk away.

If you can't leave their stuff undone, schedule a meeting with the General Manager. Tell him you enjoy your work but feel stressed and overwhelmed due to the additional work you have had to do lately. Then give him specific dates and examples of extra crap you had to do. Tell him you think the stress would be lessened if you had more help. You don't even have to name names or say boo about the slackers. It's up to him to decide how to handle this problem or if it is a problem at all.

Then, let him do his job. Give it a couple of months and see what happens. Odds are, there will be some changes for the better.

Readers, I know some of you have additional or alternate advice. Let's hear it!

Breaking News: I Have An Opinion

2008-06-27T14:56:00.000-07:00

Like many of you, dear readers, I am a subscriber and fan of the gang-o-bloggers at Fistful of Talent. The other day I noticed something on the site that initially made me angry, then confused and then sad.

No, they were not blogging about my love life. Although THAT topic makes me angry, confused and sad all at once sometimes!

You see, Jessica Lee wrote a fantastic post titled "The Gay Experience and Your Employment / Recruiting Brand..." She writes,

The best question a candidate has ever asked me during an interview, hands down, was this:

"I'm openly gay. How are gay employees treated here? And is the culture receptive to GLBT [Gay, Lesbian, Bisexual, Trans gender] staff?"

She goes on to say,

So let me ask you this - if posed the above question by a candidate, would you know how to answer it? And as a recruiting or HR pro, is the “gay experience” at your company something that’s on your radar?

Let’s get this out of the way first - this isn't and can't be a question of morals or ethics. This is simply reality for ya as California is now the second state to marry same-sex couples and now the first ready to grant licenses to couples from any state. This spills over into the benefits arena for HR pros, yeah? And sure, sexual orientation doesn’t fall under a Federal protected class for EEO, but there are a handful of states and cities in which it does. So what does this mean to you? And do you know what it means to be a GLBT friendly employer?

As the SHRM conference winds down, there, we're even prompted by the outgoing Sue Meisinger who urged HR pros at her opening remarks to champion GLBT issues in the workplace.

Jessica then talks about the NY Times story about Lisa Sherman and her (sometimes very frightening) experiences as a gay executive. It was an all around awesome post about a very relevant issue to recruiting and HR pros and employees.

So what is my problem? What made me angry, then confused and then sad? I'm getting there. Stick with me.

Those of you who read FOT know there is usually an "Editor's Note" at the end of every post (authored by Kris Dunn, the creator of FOT). It's usually a short bio of the FOT contributor as well as a tongue-in-cheek comment on the subject matter. For example,

Editor's Note - Michael Homula is the founder of Bearing Fruit Consulting, a national recruiting consulting firm based out of Michigan. Prior to founding BFC, Michael served as Director of Recruiting / Talent Management for multiple companies in the Financial Services industry. FOT team and readers, please move to Michael's table in an orderly and civil fashion to soak up the benefits of being with the "cool" crowd...

So, after reading Jessica's fantastic post I went on to read the Editor's Note. Here is what it said (emphasis mine):

Editor's Note - Jessica Lee is an Employment Manager for APCO Worldwide, a global PR firm in D.C. Like most upscale HR pros, she spends half of her time on recruiting, the other half on ER, Training and OD. In a rare serious Editor's note, this post is presented not to debate the moral issues surrounding gay rights, but the appearance of employment branding to this segment of the candidate population - a real issue for recruiters and HR pros alike...

****

Now, a disclaimer of my own: Some people may disagree with me on this post. That is fine. It is simply my opinion. I truly hope it is not taken as a personal attack, as that is not my intention.

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When I read the editor's note, the thoughts that came to my mind were these:

The editor's note, for whatever reason, appears to be overly concerned with the topic of the moral nature of gay rights.

In my opinion, there IS no moral issue with gay rights.

First, I don't think being gay or “participating in a gay lifestyle” is immoral.

Second, even if I did think gay = immoral, plenty of "immoral" people / those who act "immorally" have the legal right to marry the person of their choice without regard to the other person's

Race,
Color,
National origin,
Disability,
Religion,
Pregnancy / parental status,
Economic standing,
Age (once majority is reached),
Genetics,
Tastes in music,
Ability to dance,
Preference for extreme sports,
Salt and pepper shaker collection count

And so on and so forth into infinity and beyond. Most state laws say you have the right to be married (once you reach legal age) to one person at a time and you have to get a license in order to make the marriage legal / ensure your rights. That’s it.

Eliot Spitzer has the legal right to be married. In my book, he's an immoral douche bag for several reasons. That doesn't change his legal right to continue in his marriage or get divorced and, if he wants to (after that) remarry.

I understand not everyone uses their blog the same way I do mine: to express myself, my views, my journey through HR and life. I also understand that sometimes, especially with controversial issues, a Blogger will do their best to very specifically spell out what they ARE saying and what they are NOT saying.

Jessica pointed out in the body of the post, “…This isn't and can't be a question of morals or ethics. This is simply reality…” So why was it brought up again in the Editor’s note? I just don't understand the point of trying so hard to appear neutral. State your case and be done with it. Don’t try to "please all of the people, all of the time". And unfortunately, in this instance, the “neutrality” of the Editor’s Note came across to me as not genuine.

I may be totally wrong. I may be half wrong. I may be right. Either way, everyone is entitled to their opinion as well as whether or not they choose to give it in a public forum.

But my opinion (& question) is this: SHRM took a position at their convention and Sue Meisinger referred to GLBT rights as human rights. Is SHRM more progressive than FOT?

Carnival of HR: You're Fired!

2008-06-26T09:27:00.000-07:00

Evil HR Lady has the latest Carnival of HR up at her place. It's a day late so she thinks she should be fired. Yeah, like THAT will ever happen! Check it out.

Quick, Quick, Slow

2008-06-25T15:47:00.000-07:00

I can only think that a company really doesn't want to hire me to be their HR Generalist / Recruiter when,

I email them my resume via their Craigslist ad email.

I speak with my contact that works there and send her my resume as well. She prints it and gives it to the Recruiter and Hiring Manager along with her recommendation.

I talk to my contact a few days later and she gives me the Recruiter's phone number and email. I leave a message for the Recruiter.

A different person calls me a few days later and leaves me a message that she was told to look forward to receiving my resume but hasn't seen it yet.

I call her back and leave her a message that I'm emailing it directly to her right now & to please let me know if she receives it.

She calls back the next day and leaves me a message that she still hasn't received it.

I email it to her again. I call her a few hours later. She still hasn't received it.

I email it again. She replies back that she finally got it and will be sending it to the Recruiter (!!!!!). By the way she is the Recruiter's Admin - she forgot to mention that.

Two days later I still haven't heard from the Recruiter.

Ugh!

What is the DEAL?

--------

Switching gears, I decide to apply for a Benefits position with a local Fortune 1000 company. I send in my resume on Monday. They call me Tuesday. We do a five minute phone screen. An in person interview is scheduled for Thursday.

THANK YOU!

Do It My Way Or Watch Your Butt

2008-06-24T21:32:00.000-07:00

Sometimes I want to start my own business and call it "Get Your Shit Together Consulting".

I would be paid reasonable to ridiculous amounts of money to learn everything there is to know about a company and then tell the executives what a-holes they are for stifling the obvious talent employed there. Then I would make them change everything they are doing & do it my way.

Doesn't that sound like FUN?

So, what's the problem? The problem is I have seven year's worth of human resources experience that has left me what a friend recently, and very appropriately, called: "not very marketable skills".

Sweet Baby Jesus, she hit the nail on the head.

-----------

I often wonder what the minimum amount of experience(s) one needs in the field prior to becoming a *successful* independent HR/management consultant.

Of course, anyone can hang up a shingle.

But what does it take to be good? What are Frank Roche, Sarah Chambers, Mike Haberman, Ann Bares, Rowan Manahan, Scott McArthur and Gautam Ghosh (& others) made of?

Dudes, I have no idea. But I bet it smells a lot like success.

Live Blog & Twitter at SHRM Convention

2008-06-22T13:32:00.000-07:00

Folks, Laurie Ruettimann (along with her full access PRESS pass) is live blogging the SHRM Convention. Check it out! She's on Twitter here. Check out her blog posts here.

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UPDATE: More SHRM Convention bloggers tell us the haps!

Joel Cheesman is live streaming on his blog.

Anonymous HR blogger Totally Consumed has some thoughts on what he has learned so far.

Workforce editor John Hollon is has some in-depth coverage. You can read John's tweets here. Workforce requires a subscription to the web site but it's free, so why not sign up?

Fellow HR Bloggers member Patrick from Atlanta (aka NDKid) is at the convention and may have some some tweets for us as well. Enjoy!!

Age Discrimination & ADA Retaliation - Ask HR Wench

2008-06-19T13:50:00.000-07:00

One of my readers has a question, y'all. I've edited her email, as it was quite long, but left all the meaty parts intact. Well, HR's definition of meaty anyways.

I am asking this question on behalf of my mother, who is a teacher in an urban school district. For 25 years, she taught 4th grade. Last year, they informed her that she was being switched to 2nd grade. She got the union involved at that time because she has a medical disability with her vision that falls under the ADA - she would have had difficulty reading all the volumes of information associated with learning a new grade level curriculum. The district gave her the accommodation of a laptop which was programmed to basically read the curriculum aloud to her.

The principal at her school throws laws out the window. He puts teachers into positions they are not certified for (i.e. special ed, upper grades, etc). He has fired teachers without following any type of documentation requirements. He includes outright lies on teacher evaluations and sometimes does not bother to observe the teacher before writing the evaluation. He has lost a significant number of grievances from the union as well as multiple lawsuits that the district has had to settle (and pay dearly for).

This principal has informed my mother that she is being moved again, this time into a non-classroom position which will not exist next year. The teachers who had this job all this year have been moved into classrooms, and my mother and a few others were moved out of the classroom into this nonexistent position. The district has decided that anyone in this position will go into a district-wide pool and be farmed out to fill whatever openings come up in the schools over the summer.

Here is the problem: literally every person he is driving out of the school, including some that he did this to in other years, have all been older teachers who are nearing retirement age. Am I correct in thinking they could have a huge lawsuit on their hands for age discrimination?

Also - what are the requirements that determine a hostile working environment - is it limited to things of a sexual nature, or can it be more than that? What constitutes retaliation? If her principal was unhappy with her requesting accommodations last year, could assigning her to a nonexistent job be considered retaliation for that? My mother has documentation of absolutely EVERYTHING that has gone on, however big or small, for the last couple of years.

The first thing I want to tell you is: I have a mom, too. If anyone messes with my mom, justified or not, I want to rip their arms off and beat them within an inch of their life with said arms.

I just finished reading Letters To A Young Teacher by Jonathan Kozol, so your question is very timely. Check out my Amazon.com widget at the top right and you can learn all about this great book.

I'm going to make some assumptions because I don't know all there is to know about this situation. If my assumptions are incorrect, please feel free to comment on the post or send me an email.

What we have here is an institution that, crappy principal or not, is making some changes. A lot of people don't like change, even if it is for the better. If your mom has taught one grade level for a gazillion years, I can understand her not wanting to start teaching in a different one. However, she doesn't get to make that decision - her employer does. If she doesn't like it, she may want to find employment elsewhere. I'm not trying to be uncaring, but this is the reality of being an employee.

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No, sexual harassment is NOT the only type of illegal discrimination that can create a "hostile work environment". Per the EEOC:

Federal law does not prohibit simple teasing, offhand comments, or isolated incidents that are not "extremely serious." Rather, the conduct must be "so objectively offensive as to alter the 'conditions' of the victim's employment." The conditions of employment are altered only if the harassment culminated in a tangible employment action or was sufficiently severe or pervasive to create a hostile work environment.

And

Sexual Harassment - This includes practices ranging from direct requests for sexual favors to workplace conditions that create a hostile environment for persons of either gender, including same sex harassment. (The "hostile environment" standard also applies to harassment on the bases of race, color, national origin, religion, age, and disability.

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It sounds like the "non-existent positions", one of which your mom will be in soon, have been around for a while. It also sounds like the "burden" of being in these positions is being shared by more than just one or two teachers on a consistent basis (the roster changes from year to year). It also sounds like even when the roster changes, the ages of those with the "burden" does not. Simply knowing what I know from your email, it doesn't sound like this is retaliation for requesting accommodation under the ADA. I could be wrong. It does sound like that maybe teachers over a certain age are being unfairly targeted for the "farming out".

So, could they have a huge age discrimination lawsuit on their hands? Sure.

The EEOC states,

(The ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age.

And

It is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training (emphasis mine).

Do they want to do that? Would they win? Would they *truly* be protected from retaliation? I have no idea. I would encourage your mom and her colleagues to discuss their concerns with a well qualified employment lawyer.

Readers, what did I miss? Wow, this was a long post. I need a nap.

No Sad Stories, I Promise

2008-06-18T13:14:00.000-07:00

I'd like to join the ever-fantastic Meg of Cute Overload in encouraging everyone to:

1) Have an emergency plan for your family AND pets, no matter where you live. To get started, check out this article from The Humane Society.

and

2) Donate to The Humane Society's disaster relief fund to help save the kittehs and other ani-pals that have been left behind in the Ceder Rapids, IA flood. Per the HSUS site, "Your tax-deductible gift will be used exclusively for our crisis relief work."

Animals do not have voices, opposable thumbs or the right to vote, but YOU DO. Please do what you can to help.

Thank you from the bottom of the heart of The Swamp,

HR Wench, Sose, Pan, Maddie and SuperTab*

*Speshul msg beelow from da SupahTabs

Irritation, Thy Name Is Recruiter

2008-06-17T13:30:00.000-07:00

I fully understand and accept responsibility for the fact that I should have asked the Recruiter for the Employee Relations job for feedback as soon as she told me I didn't get the job.

That being said...

I sent the following email to her a few days ago. It's not my best work, but it gets the point across and (I thought) was professional and polite:

Hi Reba Recruiter,

We spoke a few weeks ago in regards to the Employee Relations position. I was not selected for an in person interview and the positions were subsequently filled.

I realize I should have asked earlier, and I apologize for the tardiness of my request, but would you please give me some feedback on my resume and phone screen? I would really appreciate any thoughts you have on my candidacy for positions such as those recently available at XYZ Company.

My goal is simply to hone my skills as a job seeker and find the right fit. My resume is attached for your convenience. Thank you for your time and consideration!

Thanks again,

HR Wench

Here is the response she sent a few days later:

Dear HR Wench,

Thank you for your interest in employment with XYZ Company. We enjoyed talking with you about the position of Employee Relations Specialist.

After an extended assessment and careful review of all the current candidates, we have decided to select another candidate. We want to assure you that our decision does not reflect on the quality of your experience.

We will keep your resume on file for six months, for future consideration, should any position become available that matches your experience and skills. At that time, we will contact you should we need to schedule an additional interview.

Again, thank you for your interest in XYZ Company. Best wishes to you as you continue your employment search.

Sincerely,

Reba Recruiter

Um, thanks.

I understand recruiters are busy and companies may have policies about giving candidates feedback (which is dumb).

However, I think the least she could have done was to acknowledge the question I asked and then let me know she either couldn't provide or didn't have any feedback.

Instead, she sent me a form letter. This pretty much insures that I will never apply at this organization again and that I will let friends know I was not impressed with them.

Perhaps they don't care about the former, but they should care about the latter.