Volume 6, Issue 1            
January 2006             
 

EDITOR'S COLUMN:
BREAKING OUT OF THE HR BOX — II

Here’s a follow-up to last month’s article:

I remember my father telling me the story of the dog that his Marine Corps outfit adopted as a mascot. The Marines would constantly whack the pooch with a sailor’s cap, so that anytime the dog saw a sailor it would immediately want to bark at or bite him. That’s known as conditioning. Our careers resemble this dog in many ways: We’ve been whacked with messages so many times that we become conditioned to accepting them on face value. If we listen to the noise long enough, we can stop thinking for ourselves.

I’ve spent the past eight years trying to become an “independent thinker” in the HR/Employment Practices Liability field — an observer, not just a parrot. As Yogi Berra said, “You can observe a lot just by watching!” Because of this effort, I’ve designed some unique strategies and tools. Sharing with you some of the efforts I’ve made to get out of the box might help you to do the same.
  • Step back from what you’re reading. There’s no substitute for the who/why/what/when/where questions. For example, if I’m reading an article about outsourcing benefits administration, I’d want to know who benefits most from the viewpoint in the article — the vendor, the client, or the magazine that runs ads for outsourcing? Why is this article appearing now? What has changed in the landscape prompting it?
  • Keep questioning the information you receive. Is it anything new, or is it just the same subject matter rehashed? For example, because I can speed read, I’m able to gloss over the 90% of information I’ve seen before. At best, any piece I read will have 5% to 10% new information — and that’s what I’m looking for. Then ask yourself, so what? This is great information, but what am I going to do with it? Where’s the value in a new or different viewpoint? Is there a tool I can create? Finally, where are the articles that relate directly to my need? Am I hunting down that information proactively or am I just reacting to the resources that have ended up in front of me?
  • Learn from manufacturing and marketing. I recently wrote an article about how much HR can learn from marketing. We’ve spent 100 or so years in this country studying marketing and manufacturing acumen, compared with only 25 years in the study of modern HR practices. This means that there’s a ton of insight to be gained from manufacturing and marketing. For example, how would Dr. Deming’s 14 Principles or TQM apply to your HR department? How might a Jay Abraham referral program or Jay Levinson guerilla-marketing concept relate to your recruitment efforts? And so on.
  • Gain insight from nature. Biology and physics provide a wonderful source of insight. Are our systems in alignment with natural laws? Is our energy focused or dispersed? Are our systems designed on a linear or neural basis? Margaret Wheatly does an excellent job of analysis in this area.
  • Ask yourself “What if David Ulrich was wrong?” Don’t get me wrong; I’m sure that Ulrich has a high I.Q. and knows his HR stuff. I see him listed as a speaker at every major HR conference. His books are probably the most widely read in the field. But guess what? He has never run your HR department! The point: Don’t buy anything from any expert wholesale. Instead, test to see if it works for you. Never assume — test, test, and retest!

These are a few of my insights. Don't buy them wholesale, test them to see how they might work for you. I invite and challenge you to share some of your “out-of-the-box moments” with me at don@donphin.com.

 

 

PERSONAL INTEGRITY: A SELF-DIAGNOSTIC

Individuals with integrity create an organization with integrity. To see how you’re shaping up, ask yourself these questions:

1. Am I willing to say what I’m thinking?

In a world of political correctness and office politics, many of us think things that we aren’t willing to say. Perhaps we fear seeming prejudiced or giving an emotional, rather than a logical response. Speaking up doesn’t have to mean getting in the other person’s face, showing discourtesy, or rejecting opposing viewpoints. It does mean speaking for yourself when confident that your beliefs are logical and based in fact. Mr. Spock would have no problem with this approach.

2. Am I willing to risk being wrong?

This is a powerful question. As Buckminister Fuller said, “The moment of greatest integrity is when we realize we’ve made a mistake.” Whether at work or home, we carve out our positions, state our opinions, and hold on for dear life. Certainly our ego, and often our finances or position, depends on the accuracy of these positions, beliefs, etc. Who among us is truly “open”? Who is so confident that they’re willing to say not only “That’s a better idea!” but also “It looks like I was completely wrong!” Again, many of the same vulnerabilities and fears arise. Who among us is brave enough to move beyond our ego and search for the truth?

3. Do I want my child or someone else I love to do that? (If not, then why am I doing it?)

Many of us engage in habits that don’t track with who we want to be. We view ourselves as healthy, yet eat like pigs and smoke like chimneys. We preach love and compassion toward others on Sundays, then yell at our subordinates or loved ones as if we’re vomiting on them. We often justify such behavior by defining any conduct we can’t seem to stop as an addiction or disability. And the beat goes on. Although a few people can kick their bad habits cold turkey, most of us need the equivalent of a 12-step recovery program — the least expensive and most effective way to regain personal integrity.

4. Does this conduct make me a better person?

The universe consists of opposing energies: Good vs. evil. Matter vs. anti-matter. Light vs. darkness. Ying vs. yang. It’s the same with our lives. Our thoughts and actions either help us to become better people — or they do something else. They either increase our energy or suck it dry. They either nurture us or stress us. This means that there’s an easy way to check whether your conduct has integrity. Ask yourself, “Does this make me a better person?” Is it nurturing or not? If you’re confused, ask what would Jesus, Buddha, or Mohammed say? The answer should be obvious. The challenge is to make sure that we ask this question in the first place.

5. Am I leading by example?

You can’t say one thing and then do something else. To act with integrity, you must “walk your talk.” There are people whom you admire and emulate not because of what they said, but what they did or do. Jack Welsh once warned that if you state one thing in a corporate meeting and then do something else afterwards, “you’re dead!” To lead by example, you need the integrity to do what you suggest that others do. In Good to Great, Jim Collins points out that most great CEOs are “humble,” lead a balanced lifestyle, and are inclusive of the people around them. Just being in their presence makes others want to be better. That’s leadership by example!

6. Am I taking 100% responsibility?

When things feel “unfair,” is your first response to place blame? When someone else claims that you’ve acted unfairly, do you first seek to justify your conduct? The only response with complete integrity is to ask, “Have I been 100% responsible under the circumstances? Have I trusted blindly, communicated poorly, or assumed too much? What do I need to learn so this won’t happen again?” People and circumstances beyond our control will continue to challenge us. When we react with integrity, we focus on our responsibilities and stay “above the line” in the process.

Just asking these six powerful questions can change your life — and your company!

 

INFORMATION PORTALS IN YOUR STATE

The Department of Labor has compiled an excellent guide to local and regional Department of Labor programs and services. To learn about services and agencies in your state, go to www.dol.gov/dol/location.htm.

“With a definite goal, one is apt to recognize that which will help him achieve it, particularly if he develops a burning desire.”

W. Clement Stone, 1902-2002
Businessman and philanthropist

This issue discusses:

We’ve also provided hyperlinks to the FORM OF THE MONTH.

ADA ACCOMMODATION: THREE DEFENSES

Accommodation decisions continue to haunt employers. Here are three defenses that employers can hope to rely on:

  1. They offered a reasonable accommodation, but the employee refused it.
  2. There was no vacant position in the employer’s organization for which the disabled employee was qualified and which they were able to perform with or without accommodation.
  3. The employer did everything in its power to find a reasonable accommodation, but the informal interactive process broke down because the employee failed to engage in good faith discussions.

Knowing full well that an employee can sue in any case, it’s always nice to have the experts on your side. That’s why we recommend using the Job Accommodation Network, a free resource with great experts. Their director, Beth Loy, joined us for a teleclass that HR That Works users can find at click here

In addition, this DOL link gives a full summary of employer accommodations: http://www.dol.gov/odep
/archives/ek01/stats.htm.

 

SALES COMMISSION AGREEMENT CHECKLIST

Disputes over sales commissions have led to many hurt feelings and lawsuits. Before drafting any agreements, follow these guidelines:

  • Make sure that the agreement dovetails with your corporate strategy: To create new accounts, maintain profitability of sales, promote specific products, etc.
  • Be careful about the legalities, ethics, and finances of offering commissions to people who only generate leads, service existing accounts, or are doing a “ride along” with an experienced salesperson.
  • Factor in the “lifetime value” of a customer or client when setting commissions.
  • Consider a hybrid salary and commission arrangement that will eventually gravitate over to full commission.
  • Set performance standards for sales activities and outcomes that include time involved, dials, appointments, proposals, sales, profits, reports, number of customers, cost of sales, and referrals, etc..
  • Define the sales territory, and then don’t reduce it when the salesperson’s sales soar.
  • State sales criteria, including the qualification of clients and profitability of accounts.
  • List any approval required for sales.
  • Define any control over pricing decisions.
  • Clarify the distinction between a draw versus commission.
  • Be clear about the definition of when a sale is “earned.”
  • Be specific about commission rates and how they might change with sales volume.
  • State the impact of offsets and returns on any commission “earned.” Watch legalities surrounding "offsets".
  • Define what happens to commissions post-termination.
  • Make sure to incorporate any non-compete and confidentiality language.

HR That Works users can look at the Sample Sales Agreement.

 

JANUARY TELECLASS

HR That Works users, mark your calendars for January 18th at 2:00 p.m. EST. Don Phin will be interviewing Jack Burke of Sound Marketing. The topic will be Marketing to Your Workforce. To listen to December’s teleclass on Creating Powerful Changes in 2006, go to the teleclass page and download the mp3 file.

FORM OF THE MONTH:

Dress Code Policy

(PDF ) ( WORD) (RTF)

Here is a head start on a dress policy. Try to get employee feedback on this issue. To learn more look at the White Paper: Dress Codes. To see our favorite dress code go to www.dba-oracle.com/dress_code.htm. If you would like to see what types of dress code policies other employers have adopted, simply go into the Google search engine and type in "dress code policies" and you will find them everywhere from universities, to libraries, to manufacturing environments.

 

The information presented here is general in nature and does not constitute legal advice. Due to local and state laws and ordinances, an individual article might not apply in every jurisdiction.

For more information on the contents of this newsletter, please e-mail or give us a call.

© Employer Advisors Network, Inc.