Leadership and Management Archives - Page 2 of 78

INTERVIEW: Dave Ulrich on How To Win the War for Talent

May 21, 2017 by Sharlyn Lauby 1 Comment

The term “war for talent” was first used in 2001 in a Harvard Business Press book by the same name. It refers to a competitive landscape in recruiting and retention. Given the recent shift to a candidate-driven market and other indicators like low unemployment, the use of war for talent seems very appropriate.

Dave Ulrich and his colleagues have a new book out on the topic titled “Victory Through Organization: Why the War for Talent is Failing Your Company and What You Can Do About It”. I feel like he needs no introduction in the HR world. But that just wouldn’t be proper. Dr. Ulrich is the Rensis Likert Professor at the Ross School of Business, University of Michigan and a partner at The RBL Group, a consulting firm focused on helping organizations and leaders deliver value.

I had the chance to chat with him a few years ago about the future of the HR profession. And I’m delighted he agreed to talk with me about his new book and the war for talent.

Dr. Ulrich, the very first sentence in your new book says, “HR is not about HR. HR begins and ends with the business.” On one level, I get it. But isn’t that just another ‘seat at the table’ reference?

[Ulrich] The metaphor of ‘getting a seat at the table’ is about HR having access to and influence on business results. This aspiration becomes somewhat trite unless and until HR actually contributes to business results. In our research with 32,000 people in 1,400 businesses (with 22 global regional partners), we found that the competencies required to get to the table are different from the competencies required to deliver real business value.

Getting invited to business discussions (seat at the table metaphor) comes when HR professionals are credible activists. But, once invited, HR professionals have to deliver value to key stakeholders both inside (employees, line managers) and outside (customers, investors) the company. Stakeholder value to those outside the company increases when HR professionals are strategic positioners. Then, to deliver real business value, HR professionals need to be paradox navigators. Gaining the seat is not necessarily delivering once in the dialogue.

Who should own the war for talent and why?

[Ulrich] We are quite clear that line managers are the ‘owners’ of talent. They are ultimately responsible and accountable. Qualified HR professionals are architects who create the systems and anthropologists who recognize the context. (Editor’s note: I wholeheartedly agree that HR pros are the architects of work).

The book shares an HR competency model with three core drivers: credible activist, strategic positioner, and paradox navigator. Over the years, we’ve both seen all the articles about “this is what HR needs to do”, etc. How do HR professionals know the best advice to follow?

[Ulrich] In the HR field (like other fields), there are a lot of opinions, generally based on good intent and personal experience. While each person’s experience is unique and valuable, it is useful to rely on large data sets to see trends individuals might miss. HR pros recognize and accept data based decision making to ensure that their personal experiences culminate in real success. In addition, we are convinced that it is NOT just the HR competencies, but their impact on key outcomes of personal effectiveness, stakeholder value, and business results. HR pros should use their personal judgment as informed by rigorous theory and research.

Where do you see the role of technology in human resources?

[Ulrich] We have identified four stages of HR technology in delivering value. We have proposed an HR technology audit as each of these stages enables HR to use technology to increase value.

Stage 1 is efficiency and technology enables more cost efficiency delivery of HR services.
Stage 2 is innovation and HR technology allows for innovation in staffing, training, performance management, rewards, and communication. Much of the machine learning, automation, and robotics exists to create such innovation.
Stage 3 is information and technology helps organizations source and act on external data that informs choices.
Stage 4 is connection and technology connects people to each other inside and suppliers, customers, and investors outside and connects people to their organizations.

Dave Ulrich: how to win the war for talentClick To Tweet

IMHO, the challenges of finding and keeping talent aren’t going away anytime soon. If HR could only do one thing that would have the fastest impact, what would it be?

[Ulrich] Talent continues to be a real challenge for organizations. We have seen that many organizations have learned where and how to source talent, bring talent on board, reward and motivate talent, and retain the best talent.

We believe that many of the top employees have enormous choice over where they work, and leading organizations are working to help employees find meaning and purpose from work (see Why of Work). In addition, our research convincingly found that the quality of the organization (however labeled … the systems, teams, processes, or capabilities) has 4 times the impact on business results as talent! This means that HR professionals should be at least as concerned about the technical competencies of the individuals as the social and cultural fit in the organization. Talent matters, but organization matters more.

My thanks to Dr. Ulrich for giving us a sneak peek into his new book, “Victory Through Organization”. If you want to read more, download chapter one (FREE!)

It’s no surprise that attracting, engaging, and retaining talent is a key initiative for organizations. This challenge – the war for talent – places a lot of pressure on human resources. We need to be tech-savvy, process-driven coaches for the business. While it’s a tall order, it’s also a great opportunity for HR to bring business value to the organization.

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Employee Engagement Defined

May 16, 2017 by Sharlyn Lauby 3 Comments

If someone asked you to define employee engagement in a single sentence, what would you say?

Back in 1964, U.S. Supreme Court Justice Potter Stewart coined the phrase “I know it when I see it.” to describe his threshold test for obscenity. I do sometimes wonder if employee engagement is like porn. We all know what employee engagement means, right? Because “I know it when I see it.”

We see the term ”employee engagement” everywhere. There are countless articles on the subject. But if somebody asked you to describe employee engagement in one sentence, what would you say?

No disrespect to Justice Stewart, but employee engagement has become too important to completely rely on the “I know it when I see it” as the one sentence definition. So, I challenged myself to find a concise explanation for employee engagement.

It’s not as easy as it looks. We talk about employee engagement in terms of outcomes like high productivity and better profits. We also like to mention it in relation to improved manager – employee communications. Those are all important but it really doesn’t articulate what employee engagement is. Then, thanks to BlessingWhite and this video titled, “The ‘X’ Model of Employee Engagement”, I think I found it.

I believe the video does a nice job of explaining engagement in a succinct manner. Employee engagement lies at intersection of maximum contribution for the business and maximum satisfaction for employees. It’s a sustainable level of high performance that benefits both the company and the employee.

Finally, a real definition of employee engagement.Click To Tweet

Sometimes I wonder if the reason companies are having so much difficulty with employee engagement is because they are operating with a vague definition. They know it’s important but can’t articulate it. And if organizations can’t define it, how do they know that managers “know it when they see it”? The first step to solving any challenge is being able to agree on the definition.

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The 10 Basic Skills that Every Manager Should Have

April 25, 2017 by Sharlyn Lauby 1 Comment

There are many skills that managers can learn on the job. For example, they can learn how to approve time cards, the key elements in an employment law, or the steps in conducting a good interview. But there are some basic skills or qualities that organizations want to see in managers from day one.

So, if you’re an HR professional trying to communicate expectations for the management team, this list might be helpful. Or, if you’re an individual who wants to eventually become a manager, think about building on these basic skills:

Verbal communication. First and foremost, managers are coaches. They provide feedback to employees, conduct training, and offer performance guidance. As such, they need to be able to effectively hold a two-way conversation.

Asking questions. I’m viewing this a little differently than problem-solving. I believe you can teach someone a problem-solving model. Managers need to be curious and willing to ask questions (versus assuming an answer). They also need to be open to letting others know when they don’t know something.

Listening. I didn’t want to lump this in with verbal communication (#1) because it’s too important. This is also part of asking questions (#2). Coworkers are okay with a little silence. The best managers know when to stop talking and listen. They also know how to listen effectively.

Time management. When managers have too many projects and not enough time, they are forced to prioritize their work. That’s not necessarily a bad thing, except if employees become a low priority. Managers must be able to manage their time and still accomplish their goals – while supporting the needs of their employees.

Decision making. Speaking of prioritizing, the only way to do it effectively involves good decision making. Managers should be able to look at a situation and make an assessment about what do to. If they need additional information to make the decision, they can use skills #1, #2, and #3 to get what they need.

Customer service. Managers have multiple customers – both internal and external ones. They need to understand who their customers are, what they want, and how to engage them. This will be critical for effective time management and decision making.

Thinking. What I mean by this is managers know when to go “big picture” and when to focus on details – or both. Again, these basic skills do have a certain amount of connectivity. Good decision making involves knowing when you have the right amount of information – which will be very different – depending on your thinking.

Stress management. We can’t tell others how to manage their stress. But how we manage our own stress impacts others. Managers need to be able to recognize and manage their own stress levels. And demonstrate a certain amount of calmness for the team.

Conflict management. Managers should be able to address conflict both in terms of helping others resolve their conflicts AND being willing to defend their position, even if that means disagreeing with their boss or colleagues. They need to know how to mediate as well as manage workplace conflict.

Written communication. Online collaboration and recognition tools make it easy to communicate with employees. But like email, it’s hard to read inflection and emotion. Managers need to have good writing skills so their words will be understood and interpreted correctly.

These are the 10 basic skills that every manager needsClick To Tweet

Organizations place a lot of responsibilities on their managers. It’s important to clearly state the expectations of the role. Employees who want to be promoted into a manager position need to understand the basic skills they should demonstrate – and why they need to have them. The more open and transparent organizations are about skills, the more opportunities they can create for employees to develop them.

Image captured by Sharlyn Lauby after speaking at the SHRM Annual Conference in Las Vegas, NV

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The Business Benefits of Mindful Leadership

April 23, 2017 by Sharlyn Lauby 3 Comments

I’d like to think that everyone understands the importance of leadership. And good leadership benefits organizations. But there’s not one standardized type of leadership. It takes on many forms and, as individuals, we might be attracted to certain types and models more than others. Personally, I think that’s okay. The important piece is that individuals find a way to practice leadership that feels authentic to them. Because if they embrace it, they will do it. And that’s what benefits the business.

I’m really looking forward to attending this year’s WorkHuman Conference because one of the speakers, Pandit Dasa, a mindfulness expert and former monk, is speaking on mindful leadership. Pandit has spoken in several Fortune 500 companies and is the founder of Conscious Living, a consultancy focused on bringing mindfulness and wellness to the workplace. He’s also the author of the book, “Urban Monk”.

Regular readers of this blog know I’ve become fascinated with mindfulness and have written a few pieces about the practice. Pandit was generous to share his time with me and provide a sneak peek into mindful leadership.

Pandit, how do you define “mindful leadership”?

[Dasa] Many people today operate within a leadership capacity, not just the C-Suite. Everything a person does influences others. Those who are specifically in leadership roles need to understand if and when their actions are the result of their ego and personal needs. Mindful leaders are trained in managing their egos and not letting them get in the way of the company’s success.

When it comes to leadership, I take my inspiration from people like Martin Luther King, Jr., Nelson Mandela, and Gandhi. They were individuals who led by example and lived by the saying, “Be the change you want to see.” Leadership is about being willing to set the example.

Now, when we think of mindfulness, it’s about being aware and in the moment. Bring those two concepts together. Mindful leadership is about being aware of your motivation and the reasons you choose to lead. It’s about asking yourself: Why am I choosing to be a leader? Am I serving my needs or the needs of others? How am I treating others as I go about meeting the goals of the organization?

I saw in the program description for your WorkHuman session that you plan to discuss “putting people over project”. I think maintaining this balance is a challenge that leaders face daily – to the point where it creates stress and burnout.

[Dasa] When leaders are faced with multiple demands, here are three things they can do to alleviate personal stress and burnout.

Practice mindfulness/meditation. It’s amazing how taking a few moments to decompress and focus can have so much impact on our state of mind and energy. Make time for this daily. While research says that a 15-20 minute is an ideal session that could be challenging for someone who is new to meditation. I’d suggest starting with 5 minutes/daily for 30 days. Everyone has 5 minutes a day. Use the time to focus on clearing your mind, taking deep breaths, feeling grateful for the positive things happening in your life, and appreciating your colleague’s contributions. The time will fly by. After a month, just add a minute. Work up to a time that’s comfortable for you.

Focus on relationships. According to The American Institute of Stress, forty-six percent (46%) of our stress is related to workload, and 28 percent is people issues. When we get stressed, the most helpful thing is having positive relationships around us. Whether it’s in your personal or professional life, if you have a difficult relationship, try to resolve any conflict and tensions. Ignoring it isn’t going to help. Resolving conflicts generally means we need to be proactive because conflicts won’t resolve themselves. We will need to take a humble approach by being ready to acknowledge our contribution to the conflict.

Get a good night’s sleep. With advances in technology, we can find ourselves constantly planning. Our devices keep us connected, so we’re always thinking about the next thing we need to do, and frankly, we’re letting it interrupt our rest. Take time to truly disconnect. Put away the phone, so you’re not tempted to check your emails in the middle of the night. The work will still be there in the morning. You’ll be so much fresher in the morning and ready to deal with whatever is waiting for you.

When it comes to work, how can mindful leaders hold people accountable and still meet their business goals?

[Dasa] A mindful leader won’t simply blame others if the goals aren’t met. They will take an honest look at themselves and see if they did everything possible in their power to help their workforce succeed. Did they:

Set clear expectations and communicate them effectively?
Make sure expectations were reasonable and achievable?
Understand the knowledge, skills, and abilities of the team before assigning tasks?
Provide sufficient empowerment and support so the team can achieve their agreed upon goals?
Monitor the situation and address any emergencies before they get out of control?

Mindful leaders don’t just hold others accountable, but they do the same with themselves.

Speaking of communication, I’ve been told that positive messages are easy to share and not-so-positive messages…well, are more difficult. What can mindful leaders do when they need to communicate the difficult message. For example, like when project needs aren’t met?

[Dasa] It is important to regularly appreciate the contributions of your workforce. This creates a positive emotion balance in the relationship. When there has been a sufficient expression of appreciation, it becomes easier for the recipient to hear the not-so-positive messages.

The monks that I lived with for 15 years taught me that the ideal communication covers four criteria:

It is truthful.
It is beneficial.
It doesn’t disturb the other’s mind.
It is pleasing.

While it may not always be possible to meet all four criteria, we can try and be more thoughtful and compassionate in not only what we communicate, but also how we communicate. Ultimately, the goal of our communication should be to inspire the individual to do and give more. An uninspired worker is not going to be very productive.

If an organization encourages mindful leadership, how can they measure the results of their efforts?

[Dasa] Mindful leadership is a transformation in the way we think and behave. It requires commitment, training, and work. Individuals need to evaluate their emotions and become more self-aware. Think of it like running a marathon. You don’t become a marathon runner overnight. It takes time to train. You take small steps every day. Then, once you get into your routine, it progresses quickly.

The organization will know that mindful leadership is working through greater retention. Because leaders are thinking of others. Individuals are happier at work. They’re being recognized for their efforts.

There’s a good read in Harvard Business Review titled, “Proof that Positive Work Cultures are More Productive”. I’d add happy to that title. When employees are happy, they’re productive. And when they’re productive, they will stay. People spend a lot of time at work. Positive interactions matter.

Mindful leaders don’t just hold others accountable. They do so with themselves.Click To Tweet

My thanks to Pandit for sharing his expertise with us. If you want to learn more about mindful leadership, check out this article on the Society for Human Management (SHRM) website about the business benefits of mindful leadership.

And consider joining us in Phoenix on May 30 – June 1 for WorkHuman 2017. Our friends at Globoforce have put together a fabulous line of speakers. Besides Pandit, the agenda includes Former First Lady Michelle Obama and Julia Louis-Dreyfus, star of the award-winning HBO series “Veep”. If you’d like to join us (and I hope you will), HR Bartender readers have been extended a discount. Just use the promo code WH17INF-MFA to receive the special rate of $995 (a savings of $500).

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Companies: When to Call a Labor and Employment Lawyer – Ask #HR Bartender

April 20, 2017 by Sharlyn Lauby 1 Comment

Last week, I wrote a post about when employees need to lawyer up or reach out to a government agency about something that’s happening at work. It occurred to me while I was writing the post that companies might want the same type of information.

I’ve worked at organizations that never called an employment lawyer because frankly, they didn’t want the expense. That often cost them more than if they would have paid for an hour of advice. On the flip side, I’ve worked places where we called an attorney for everything, which probably wasn’t absolutely necessary.

So I reached out to a couple of labor and employment attorneys to get their take on when organizations should consider engaging with an employment lawyer. Kate Bischoff is an employment attorney and HR Consultant at tHRive Law & Consulting LLC. She’s helped us before with reader questions. One of my favorites is “HR Failed to Investigate an Incident”.

Here’s what she had to say:

“Apart from when the government comes knocking or you receive a lawsuit, there are three times when you should turn to a lawyer:

When your tummy says, ‘something isn’t quite right’. It’s a tough termination, you’re not sure if all the Family and Medical Leave Act (FMLA) paperwork was just right, the employee in question is popular but in trouble, you got a strange call from a government agency. If you’ve ever heard an employment attorney at a seminar, you’ve seen us try to instill a sense of uneasiness in your belly. I call this Spidey sense. When your Spidey sense goes off – no matter what the scenario – give us a call.

When you’re going to try something ‘new’. Let’s say you’re going to try a new piece of HR tech (a new applicant tracking system (ATS) or using an analytic tool), change your structure (try your hand at holocracy), or roll out a new policy (parental or sick leave), make your employment lawyer buy you lunch. Your lawyer may flag some issues with the new proposal and give you some needed guidance that will reduce some risk (or even maybe make the roll out easier). We should even pay.

When you need to do an investigation or audit. If you have to look under the hood of your own practices or a complaint has been lodged, call us. We’re trained to test compliance and investigate potential wrongdoing. We also have some magic fairy dust called attorney-client privilege that can shield our work from government agencies and maybe even courts later. We can help find, remedy, and then protect your business.”

Heather Bussing is an employment lawyer and regular contributor at HR Examiner. She’s also helped us before here on the blog. I really like this post about “Why Job References are Important”. Bussing reminds us the role attorneys can play in our business.

“To ask the question is to answer it. If you even vaguely wonder if you should be talking to legal, please do. A good employment attorney can help you think through possible outcomes, clarify what makes sense for both the organization and the employee, and help you come up with the right strategy to handle the issue.

The goal is always to prevent problems rather than clean them up.

But understand that attorneys’ first instinct will usually be to reduce risk. That’s why, when you ask a lawyer if you can or should do something, the answer is often ‘no’. So, when you go to legal, and please go to legal, ask for their suggestions on how to handle it, what the options are, and the risks and benefits of each approach.

Then use your experience, judgment, and the great advice you just helped your attorney give you.”

Companies: When to Call an Employment LawyerClick To Tweet

A huge thanks to Heather and Kate for sharing their knowledge with us. As a human resources professional, I’ve worked with my fair share of attorneys. They are smart and always there to help us run our businesses well. But we can only take advantage of their knowledge and experience if we call them.

Image captured by Sharlyn Lauby after speaking at the 2016 SHRM Annual Conference in Washington, DC

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Want to Retain Women Leaders? Look Beyond Maternity Leave

April 18, 2017 by Sharlyn Lauby 3 Comments

(Editor’s Note: Today’s post is sponsored by Bright Horizons Family Solutions, a leading provider of high-quality child care, early education, and work/life solutions for employers. They’ve been consistently included in FORTUNE Magazine’s 100 Best Companies to Work for in America. In addition, more than half of the employers on the FORTUNE list, including seven of the top ten, are Bright Horizons clients. Enjoy the post!)

Organizations need to focus their engagement and retention strategies toward women. And I’m not just saying that because I’m a woman. According to the U.S. Department of Labor, women represent 51.5 percent of all professional and managerial jobs. And a large percentage of these women are also working mothers. So, if businesses are saying to themselves, “Where can we have the most impact?”, it only seems logical and good business sense to consider the largest group.

That being said, organizations need to think beyond benefits like maternity leave when it comes to engaging and retaining women leaders. It’s true – announcements of enhancements to maternity leave policies are in the media almost every day. They are important and valuable and more organizations should offer them. But, if organizations want to retain working mothers and preserve their current and future leaders, they need to look beyond the first few weeks or months of a working mother’s life and really pay attention to the messages that are being sent throughout her tenure.

The Bright Horizons 2016 Modern Family Index shared some eye-opening statistics about working mothers and the work environment:

Parenting translates into a career-limiting move. Women have watched as their working parent colleagues are passed over for promotions and career opportunities. More than one-quarter (26 percent) of expectant mothers admit they’ve witnessed working parents at their organization being limited in their careers.

Commitment is high among expectant mothers. Women are committed to their careers and fear that having children will halt their career progression. Ninety-two percent (92%) of expectant mothers plan to be as committed post-baby as they were before, and the majority of them (some 53 percent) expect to work harder in order to earn more for their family.

Family friendly employers attract talent. If parents don’t like what they see in a workplace, they will exit your organization, not the workforce. Forty-nine percent (49%) of parents who’ve had their first child in the past two years indicated they would take a job for less money at a family-friendly employer.

Organizations need to recognize the potential challenges facing women leaders during this time of transition and create strategies that signal a continued investment in employees who are parents.

3 Strategies for Retaining Working Mothers

Women are becoming mothers later in life, often after they are well-established in their careers and in positions of management and leadership. As more companies – especially technology, science, and engineering industries – are struggling to meet diversity and inclusion goals, HR professionals should consider developing programs focused on retaining working mothers. Here are three strategies to consider:

Offer family friendly benefits and supports. In the Society for Human Resource Management’s (SHRM) 2016 Strategic Benefits Survey, the company benefit which saw the highest level of increase were family benefits, indicating an increased value for these benefits and supports with employees. Family benefits and supports include sick time flexibility, on-site nursing rooms, child care centers, and back-up care. Not only is offering the benefits important, but making them easy to access is equally imperative.

Develop a supportive company culture. Organizations that build communities of support are good for employee well-being, which in turn positively impacts productivity. Frame return-to-work benefits so employees can remain engaged with the company. Provide flexible work and telecommuting. Allow parents opportunities to network with each other. And let senior management model the behavior.

Promote career progression and opportunities. Organizations with more women leaders often outperform their peers. In an article published by the Peterson Institute for International Economics, fifteen percent (15%) profit growth is associated with a 30 percent increase in women executives. To support your women leaders, make sure they have a defined career path along with access to management coaching, mentoring, and networking. Most importantly, working mothers need supportive managers.

Stop Losing Your Women Leaders

Organizations today need to develop policies and benefits that support working mothers; it’s not enough to simply offer maternity leave. As organizations collaborate with their women leaders to build mutually satisfying career paths, it’s important not to make assumptions about which direction new mothers are “leaning.”

Retain your women leaders - look beyond maternity leave.Click To Tweet

If your organization wants to learn more about what working women want both before and after becoming a parent, download this complimentary e-book on “How to Keep Working Mothers from Walking Out the Door” from the Bright Horizons Solutions at Work website.

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Employees: When Should You Lawyer Up – Ask #HR Bartender

April 13, 2017 by Sharlyn Lauby 3 Comments

I recently received this question from an HR Bartender reader:

Hi – I need a labor law attorney who maybe would consider pro bono work or free advice.

My goal here isn’t to call someone out, but maybe this is the wrong question. We would all like free legal advice. Myself included. So, simply asking for free legal services isn’t the answer. Labor attorneys have to make a living, just like the rest of us.

I don’t know this reader’s situation. But I wanted to find a good way to offer something that might help. In my experience, people often ask for “free” legal advice when they are trying to figure out if they need the services of an attorney. So, I thought it might be helpful to answer the question.

I reached out to two individuals who have been very gracious with their time. Employment attorney Donna Ballman has helped us out with reader questions in the past. One of my faves is “What To Do If You’re Placed on Suspension”. She’s also the author of the book “Stand Up for Yourself Without Getting Fired: Resolve Workplace Crises Before You Quit, Get Axed or Sue the Bastards”. Ballman outlines several reasons you might need an attorney:

“There are some times in your employment that you may definitely need an attorney. Here are four reasons you might need the services of a lawyer:

Deadlines: Employment laws are a morass of confusing deadlines, prerequisites to filing suit, and requirements you might miss if you try to do it yourself. If you’re thinking about filing suit, you probably want to speak to a lawyer.
Confusing claims: There are some employment laws on the books that you might not be aware of, so you might have a case you don’t know about. And there are some laws you think exist, that don’t. If you think you might have claims, if your termination doesn’t feel right or you think something has happened that’s illegal, you might want to run it past a lawyer.
Being taken seriously: Some employers don’t take you seriously unless you have representation.
Uncomfortable in confrontations: If you’re trying to negotiate your own employment agreement or severance package, many people don’t feel comfortable being in a confrontational situation or advocating for themselves. Sometimes it’s better to have an advocate.

There are times when you absolutely, positively need a lawyer. If any of these happen to you, you should contact a lawyer immediately:

Your employer or former employer sues or threatens to sue you;
You’re being asked to sign an agreement that you don’t fully understand, especially if it’s a non-compete, confidentiality, arbitration, or employment agreement;
You’ve been accused of a crime (contact a criminal defense lawyer, not an employment lawyer, immediately).

Here are a few situations when you might want a lawyer

If you think your employer or former employer has broken employment laws;
If you have been retaliated against for complaining about discrimination or something illegal the employer has done;
If you’re not being paid all the wages you’re owed;
If you think you’re misclassified as exempt from overtime or as an independent contractor.

And a few circumstances when you probably don’t need a lawyer

To make a written complaint of discrimination to the human resources department, as long as you follow the policy;
To attend a disciplinary meeting (take good notes, don’t sign anything except a form acknowledging receipt of the discipline, and sign “as to receipt only, rebuttal to follow);
To sign documents you understand, like applications, insurance forms, and tax documents.
To file a union grievance if you’re a union member (use your union rep – they’re free).”

Now, employees don’t always have to seek out the services of an attorney. In some cases, they might choose to take their concerns directly to a government agency that will investigate the matter on their behalf. Robert Teachout, SHRM-SCP of HR Crossroads Communications and a legal editor with XpertHR USA helped us out with a reader question on “Can Employees Refuse a Pay Increase” so I asked him for some insights. Here’s what he said about employees going directly to a government agency:

“When to take an issue to a government agency will differ for each employee, depending on their individual circumstances and personal resilience and values. When a work situation has reached a level where initiating an agency complaint or process is being considered, an employee should approach the decision as objectively as possible, despite the fact that at such a point the situation likely is very emotionally charged.

An employee should have someone they trust to be a sounding board in the decision-making process. It could be a spouse or partner, a good friend, shop steward, or even a counselor in an employee assistance program (EAP). That person can offer the employee other perspectives and viewpoints, provide emotional support, and help the employee sift facts from subjective interpretations. I suggest that an employee ask the following questions to help in making a decision.

How bad is the situation?Not all work situations are equally bad. Try putting the work situation on a “bad” scale of 1 to 10. Is it egregious or blatantly wrong, like sexual assault or life-threatening safety issues? Is it very bad, such as on-going sexual harassment or uncorrected and previously reported safety violations? Or is it an issue like a manager being “mean” or showing favoritism? Has the situation made being a work merely stressful or unbearable?

Does the behavior or action the employer is accused of violate the law?Just because an employer has done something wrong, that doesn’t mean it is unlawful. Favoritism is wrong; racial discrimination is illegal. For that matter, not all discrimination is illegal. If you didn’t get a promotion because the boss doesn’t like your civil war reenactment hobby, that’s not illegal, but discrimination on the basis of race, color, national origin, sex, age, and religion is. A government agency needs some legal hook to be involved, whether that is Title VII, FLSA, OSHA, FMLA or other federal, state, or local employment laws.

Has the employee made a good-faith effort to remedy the situation through the employer’s policies and procedures?Dealing with a bad work situation is stressful; so is pursuing a claim with a government agency — and it can take a long time. Trying to resolve an issue using the employer’s policies and procedures is always a good idea. Most employers do honestly want to do the right thing, in my experience, even if sometimes they seem to be botching things badly. If the employer’s administrative remedies don’t work, an employer still has the option of filing a government agency claim and the documentation of the employer’s proceeding can provide additional evidence.

What does the employee want to achieve?An employee should have a clear idea of what he or she wants to accomplish in resolving the issue. An apology? A denied promotion? Monetary damages? Or to correct a systemic problem? Potentially, an agency action could accomplish all of these things, but if what is being sought is relatively small, an employee may be choosing a very large hammer to put in a very small nail. The bigger the stakes, the more appropriate it is to consider governmental involvement.

Considering the answers to the above questions honestly can help an employee to gather relevant information and weigh it with a level of objectivity. The process will help the employee have confidence that their choice — either way — is the right one for them.”

I want to thank Robert and Donna for sharing their experience with us. I honestly believe that no one wants to escalate issues to lawyers and government agencies, but unfortunately, sometimes it has to be done. The answer isn’t seeking free legal advice. It’s getting educated on the right times to use these options.

Speaking of which, it occurred to me as I was writing this post that companies might want the same information. When should a company seek the advice of legal counsel? So, stay tuned for a part two…

Image captured by Sharlyn Lauby while exploring the streets of Boston, MA

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