H.R. expert explains how Weinstein, Spacey and Lauer can impact our holiday festivities

After America’s perennial nice guy Matt Lauer was accused of sexual misconduct in the workplace, many people were left shocked. His name is just one of many in the ever-growing pile of powerful men who have been disgraced after their egregious (and sometimes criminal) behavior was brought to light by their female colleagues.

And now, many H.R. experts are saying massive changes need to take place in American workplaces if companies want to protect their employees and their reputation as a safe place to work, especially as it relates to office parties around the holidays.

“We need to be very careful around our choices this holiday season,” says Rob Wilson, H.R. expert and President of Employco USA. “As the #MeToo campaign proved, it would behoove us all to take a closer look at our behavior towards women in the workplace and beyond.”

So, what does Wilson recommend?

First, he says, no booze at the holiday party. “I know this is not going to be well-received by every employee, but the reality is that alcohol is a match which can ignite a powder-keg. You can still serve festive ‘mocktails,’ or serve coffee, cider and cocoa. Better yet, have your party early in the day, such as at brunch. People won’t be as likely to expect alcohol or a ‘wild’ atmosphere.”

Second, he advises that companies need to be careful when wording their dress code policy. “In the light of these sexual assault accusations, many people have blamed the victims and suggested that they invited the attention due to their dress or appearance. This has created a tricky line for employers to walk: You want to require appropriate clothing at your holiday party, but you also don’t want to contribute to such victim-blaming. Hence, when wording your dress code policies make sure to focus on your employees dressing professionally rather than modestly. The goal is not to police women’s bodies or suggest they mustn’t lead men astray, but to create a workplace in which every person is dressed appropriately for their position and title.”

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H.R. expert weighs in on the complicated etiquette of presents in the office

Exchanging holiday gifts in the workplace is often a tricky affair. The rules tend to be ambiguous, and expectations tend to vary widely from employee to employee. Luckily, there are several things that managers and H.R. personnel can do to make the holidays more joyful.

Rob Wilson, President of Employco USA and human resources expert says, “The biggest mistake I see is that managers think they shouldn’t weigh in on gift-giving. Yet employees want clear, concise guidelines. Some employees wonder: Should I give my boss a gift? And, if I don’t and everyone else does, what will they think of me? Others are strapped for cash yet feel obligated to give to everyone in the office, while some employees feel maligned because they are expected to give gifts when they don’t even celebrate the holidays.”

So, what is the answer? Wilson believes that a carefully crafted “gift-giving policy” is needed, and should be passed out to all new employees as well as circulated again at the holiday season. Possible tips to consider include:

1. No gifts from supervisors to employees. “It could lead to the appearance of favoritism. “Christmas bonuses” and the like are a different matter, but managers should not be giving personal gifts to their staff, unless the same gift is given to each employee.”
2. No direct presents between employees. “This is a good way to ensure that employees won’t feel left out or obligated to give gifts to everyone. Gifts among coworkers can be a financial strain, and it is also a drain on employee productivity. Instead, organize an office gift exchange. Those who wish to participate may do so, while those who do not can opt out without penalty or embarrassment. Set a gift price limit ($20, for example). Those who participate can receive a voucher from which they can select a gift at the holiday office party.”
3. Holiday office parties are best if employee-only. “If you make your office party open to spouses, you could be looking at tricky situations regarding the ‘rules’ about bringing dates, i.e. Can it be a date from Tinder? Or, does it have to be a husband/wife? What if an employee identifies as asexual/romantic? What if an employee is gay or bisexual but not openly ‘out’ in the office? It’s best to simply avoid all these matters by making it employee-only. A simple brunch or lunch will suffice.”
4. Think about what employees really desire. “It might be better to simply skip the office party altogether and instead update the office Keurig. Find ways to make work days more enjoyable and productive, and you will reap the benefit long after the holiday season has ended.”
5. Don’t allow office charity collections. “Now is the time of year when employees start coming to work selling wrapping paper, popcorn and other sundries from their kids’ schools. Nix this as it can get out of hand quickly and easily become a distraction. Instead, work with a local charity or shelter in your area to make an office-wide donation. Place a bin in your office lobby where employees can donate if they so desire.”

For more on this topic, please contact Rob Wilson at rwilson@thewilsoncompanies.com.

Employment expert explains why employees should tread lightly when discussing politics

Wilson points to the recent termination of Google employee James Damore, who was given the ax because of an email ‘manifesto’ which became public. “Damore offended many people with his views about women and gender equality, and he ended up being terminated as a result,” says Wilson. “For many people, this was seen as an affront to free speech. Now, this issue is coming to light again in the NFL. Should players be punished for expressing their beliefs, or are employers within their rights to demand that they stand for the anthem or face termination as a result?”

The employment trends expert argues that the NFL owners could have a case for terminating their players’ contracts if the behavior can be proved to have a negative impact on their bottom line. “NFL ratings are down, as President Trump himself declared,” says Wilson. “If employers feel that the players’ protests is impacting their business, they will be within their rights to boot the player off the field. In fact, the contracts which players sign give owners plenty of leeway to fire them for any behavior they deem unbecoming, both on and off the field.”

In other words, says Wilson, the First Amendment cannot protect someone who has signed a contract promising to behave in accordance with their employer’s values. “For the average American, this means that your expression of free speech can come back and haunt you, whether it’s something you post on Facebook or a political discussion you have in the break room. If your employer has set forth certain points of decorum which you have agreed to, you can’t break those rules without consequence, whether you’re a server wearing a ‘Black Lives Matter’ pin or a lawyer making sexist jokes online.”

For more on this topic, please contact Rob Wilson at rwilson@thewilsoncompanies.com.

Human resources expert weighs in

The recent controversy over the now infamous Google Memo (and the author’s subsequent firing) has many Americans wondering if free speech is allowed in the workplace. What rules govern our ability to express ourselves in the office, and was the termination of the senior software engineer fair?

Rob Wilson, President of Employco USA and human resources expert, says, “Google ultimately decided to fire employee James Damore because they said that his memo advanced harmful gender stereotypes, stereotypes which were offensive towards Google’s female staff and clients. However, many people are furious with Google’s decision, saying that it proves free speech is no longer allowed in the American workplace.”

Wilson further says, “Damore did not send this memo to his friends or family, or even post it on his own social media. He used company property to send this memo to his coworkers. This gives Google the grounds to fire him, as he is expressing controversial beliefs on company time and distracting his coworkers with his opinions.”

Whether or not you agree with Damore’s opinions, the fact remains employers have the right to prevent and punish speech which is political and divisive in nature. “Whether it’s an email saying nasty things about President Trump or an email complaining about diversity hiring, employees need to be cognizant of the fact that free speech does not mean freedom from consequences. If your employer finds your opinions to be distracting and offensive to other employees, they are within their rights to reprimand you for this.”

For more on this topic, please contact Rob Wilson at rwilson@thewilsoncompanies.com.

How to make necessary changes to your employee handbooks and company policies

A new congressional bill named “The Marijuana Justice Act of 2017” was just presented today by New Jersey Senator Cory Booker. If passed, it would lift the federal prohibition on the substance. 26 states and the District of Columbia currently have laws broadly legalizing marijuana in some form. This number is only expected to grow as more patients turn to this treatment and as marijuana is being approved as treatment for more conditions, such as PTSD.  But, if The Marijuana Justice Act of 2017 is passed, how should employers tackle this issue in the workplace?

Rob Wilson, human resources and employment expert and President of Employco USA, says, “The federal government still classifies marijuana as a schedule 1 substance, which is the same class as heroin and ecstasy,” he says. “However, many states now permit the use of marijuana, either medically or recreationally. This leads to very murky waters for employers, especially as some states prohibit the discrimination of employees with a medical marijuana card, while other states do not.”

So what should an employer do to navigate this issue?

First, Wilson advises employers to get familiar with their state’s specific legislation. He also says, “If your employees are part of a collective bargaining unit, then it is likely that drug stipulations already exist, including specific limits for drug use. For example, in a recent case, an employee was found to be under the influence while on the job, but he claimed his medical marijuana card gave him permission to use while working. However, a drug test revealed that he was 10 times above his prescribed limit.”

For this reason, Wilson stresses that employers should not just rely on the results of a rapid drug test, as these results do not hold well in a court of law. “If you live in a state such as Illinois that does not permit the discrimination of employees who use medical marijuana, then you should definitely send the drug test results out to a lab in order to back up any fears that an employee might be using more than he should. However, if you live in a pass/fail state, this won’t be necessary.” Continue reading →