Why I Hate the Law

Do you know what I find frustrating?  Laws.  I find them frustrating because the effort to follow the law often neglects to bring resolution to the problem it’s intended to resolve.  My clients often engage me for this very reason.  They want to bring real change, but simply keeping with the law doesn’t get them there. 

Take for example AB1825, a law enacted in 2007 requiring Sexual Harassment training.  While businesses dutifully follow it, thereby demonstrating legal compliance, there has been no discernable drop in the prevalence of sexual harassment claims in the decade since its inception.  The EEOC study report on these findings was released this summer.  They also found that policies to address discrimination and harassment, though less studied, have similarly poor results. 

Sadly, none of this information surprises me.  Why?  Because AB1825 gave employers a single answer to a multi-faceted problem.  Much like many other laws, the outcomes were an afterthought.  And, once this ‘solution’ is given, businesses no longer have the same responsibility to figure it out for themselves. 

Of even greater concern, the law helps insulate the businesses from legal action.  As a result, businesses who are not inclined to improve, have even less reason for doing so.  The EEOC found evidence of this.  In fact, some of the most pernicious forms of discrimination and harassment were largely ignored by organizations as they were done at the hands of a “superstar”.  Rather than risk the loss of this rainmaker, businesses found ways to work around the problem, often by transferring victims or taking other steps to mollify them. 

So, what can a business owner or HR do?  Here is my multi-faceted suggestion that you can use to bring change to your workplace.

Clarify the Problem

As each business environment is as unique as the people working in it, begin by identifying the people or circumstances that are at the center of complaints.  Then ask yourself, What would need to be different for the problems to stop?  What could make the problems resurface?  As you ask these questions, you begin to hone in on what needs to be done.

Get Creative

Begin by brainstorming – with a small team of thoughtful individuals.  Initial ideas may look like those tried in the past, write them down but keep going and explore alternative ideas.  Create the goal of generating 10 new ideas.  Doing so forces out-of-the-box thinking and is likely to bring you novel and workable ideas. 

Test the Success

Enact the best solutions and see what happens.  Does change come?  Are there unexpected consequences?  Continue to work between creativity and testing out solutions until you find one that yields desired results without dire consequences.

Share Outcomes

The business world needs more ideas – so share what works.  Blog, speak or Post your ideas below!

Lochte-ing Down On Bad Behavior

Ryan Lochte, it seems, has been given a chance to redeem himself to the American public by “Dancing With The Stars.”  I for one, don’t intend to give him that second chance. 

Ryan Lochte embarrassed not just himself, but his team and his Nation on the International stage known as the Olympics.  Once caught, he didn’t even have the decency to apologize or take true responsibility.  He vandalized, he fabricated, and he lied. Ryan Lochte’s behavior is noteworthy beyond the Olympics – because within this incident, is a lesson to be learned for all businesses. 

The Lochtes of the world exist in every industry.  You know who they are.  The marketing genius, the legal whiz, the one who breaks sales records month after month.  They are the champions of their business – and the ones whose bad behavior gets a pass. 

This isn’t about a single incident or indiscretion.  This is about on-going, escalating, and potentially reckless behaviors.  Behaviors that are largely ignored because the benefits (increased sales, new clients) seem to out-weigh the drawbacks.  And in the short term they may.  But high employee turnover, poor morale, damage to the reputation of your business, all have a far greater impact than a quarterly sales bump.

I don’t know Ryan Lochte, but I am certain this was not his first mis-step.  The crime, deception, and repeated lies to cover it up are not the act of a first time offender.   These are the actions of someone who believes they are untouchable and above the rules.  Someone who has been given a pass or a slap on the wrist, but has never been forced to suffer the significant consequences which teach us to adjust our behavior.

Who is like this at your company?  How can a business “Lochte-down” on such problem behaviors? 

1.    Honor the business by building a culture that values long term successes over short term gains.  Especially where sales numbers or share-holder returns are important, it can be easy to become short-sighted.  Remember, the damage done by a tarnished reputation is far more devastating and lasting than a quarterly win.

2.    Address problem behavior every time.  Especially when there is a pay-off for the business.  Yes, you closed a big deal, won the big case, or thwarted the competition, but if these wins came unethically – they aren’t really a win.  And to ignore the problem behavior suggests that it is condoned, or even acceptable.  Every member of the team will become aware of what the company values, and will either jump on that band-wagon (like Lochte’s teammates), or leave the company. 

3.    Hold them accountable.  Have and maintain high standards of behavior.  If an employee behaves inappropriately – be it toward another member of the staff, with a client or toward a competitor, have an action plan for dealing with it.  This may include a write-up, suspension without pay, even termination.  Keep in mind, without a consequence or down-side, most problem behavior will not change.  Ultimately it is the company that models the behavior others will follow – by demonstrating what is and isn’t acceptable.  

      Side-note:  Handle consequences, and even termination, with a level of respect that makes the person want to improve.  (See my article on Off-Boarding.)

4.    Engage in coaching.  Perhaps you can’t bear to lose a champion of your team no matter how bad the behavior has gotten.  Address the behavior directly by bringing in a coach and being crystal clear with the concerns and objectives.  This builds on #2 (Address problem behavior) because there must be honesty about the reason for the coaching if you want it to bring about change.

5.    Speak of the integrity of your business – and demonstrate the sincerity of that message.  Employees want to hear a positive message - one they can stand behind.  They also want to see actions that back up the words.  They will take notice when positive and appropriate behaviors are rewarded, just as they do when challenging behaviors are condoned.    

  

      Each organization must find its own place of pride, just as each Nation does.  The strength of many, can be overshadowed by the mis-steps of a few.  Take steps to "Lochte-down" problem behavior, before it impacts your bottom line.

Re-thinking the Millennial Puzzle

Millennials.  The business world has spent the last decade fixated on this growing part of the workforce, and still seems to be getting it wrong.  Armed with a belief that this population requires flexibility, fringe benefits, and fun to be happy at work, businesses are bending over backwards to make that possible.  Engagement efforts range from telecommuting to meditation rooms and are being offered whether they make sense to the business or not.  And guess what?  Retention rates remain low among Millennials.  Worse still, the effort to cater to them has led to resentment and frustration from older generations.

The problem is, we keep trying to engage Millennials based on beliefs that just don’t hold true.  Of course Millennials want high pay, loads of benefits, flexibility, and a full assortment of other goodies.  Who doesn’t?  Those perks may lead to placement, but they don’t build loyalty.  Loyalty is a by-product of motivation and has differed with each generation.  For Traditionalists of the Great Generation, loyalty was connected to fears of unemployment and the hope of a pension.  Workers didn’t qualify until they’d held their job for 20 years.   Boomers were enticed with health benefits and, as they were commonly the sole breadwinner of their family, job security led to loyalty.   Gen X’ers who often came from broken homes or latch-key childhoods, wanted security for themselves and their children – more loyalty.  Things are different today in ways that have nothing to do with coddling our youth.  Motivating factors just aren’t built from what they used to be.

To understand what Millennials want, consider how they are different from us – including how their up-bringing differed from that of any prior generation.  More Millennials come from families where both parents were actively involved.  Both at home and in extra-curricular activities (which with two involved parents was the norm) their egos were protected.  They routinely enjoyed heavy encouragement and received “participation” awards from coaches regardless of their skill or prowess.  The outcomes of this have both benefits and drawbacks.

An advantage of being raised with a high degree of familial security and a low sense of competition, Millennials matured in an environment that was highly inclusive and accepting.  As adults, they are far more equality based than any preceding generation.  Millennials are the first to see the LGBT community, mixed race and blended families, as normal and healthy parts of our society.  The disadvantage, as we often see it, they don’t recognize corporate and hierarchical structures in traditional terms.  Millennials are likely to have an inflated sense of self-worth and they are apt to over-step their authority or feel restricted by supervisors who try to reign them in.

But Millennials aren’t merely a product of high egos and doting parents.  Along with the feel-good environment Millennials experienced through their coming of age, they were also exposed to a world paralyzed by fears stemming from terrorism and a global financial crisis.  Through the internet, they possessed greater access to news and information, both local and international, than any prior generation.  These challenges and freedoms impacted Millennials in their development as well.  On the up-side, their awareness of global issues and needs reduced their egos and caused many to strive to find ways to make a difference.  On the down-side (for the business community), rather than finding security in long-term employment, they find it through social connectedness.  As such, Millennials are not likely to consider long hours and working over-time as respectable priorities.

So yes, Millennials are different.  But not in the selfish, self-centered way that they are often depicted.  Like every generation before, they look at life through their own lens.  To motivate them and build loyalty, you’ll need to call to their sense of purpose and their desire to bring positive change.  This may be environmental causes, local initiatives, human rights or global concerns.  Find out what inspires and encourages them (and other members of your workforce) and help them find a path where – through your company – they can make a difference.    

If you are looking to build loyalty from a Millennial, match perks to their vision of the future.  Hint – they aren’t really in it for themselves.

OFF-BOARDING

Because You Only Get One Chance to Fire An Employee, You Better Do It Right.

“I’ve had it.  I’m going to fire her.” said Ernie as I answered the phone.  He was fed up with Barbara, his COO, who had been with him from the early days of his business’ inception.

I knew Barbara and Ernie well.  I’d worked with them separately and together as they worked to build Ernie’s business.  Ernie, your quintessential leader, was free-spirited and visionary.  He had a passion and exuberance that inspired his employees, and transitioned prospects into customers.  Barbara brought balance to the equation.  Practical and level-headed Barbara had been instrumental in creating templates and processes.  She understood Ernie’s vision, but stayed focused in the reality of what needed to happen to bring those ideas into fruition.   

Ernie had valued Barbara’s grounded nature and global perspective in the early days.  Her dedication to process and function, freed him to pursue the company’s vision.  But now, as the business had stabilized and grown, he felt inhibited by her involvement.  Ernie recounted to me several instances in which Barbara’s actions had restricted growth or interfered with his authority.  “I need to take back control of my company.” Ernie said, “And she has to go.” 

  

Ernie said he called me for guidance on how to go about this.  He wasn’t concerned about litigation, he told me.  He planned to compensate Barbara well for what she’d helped him to accomplish.  But, he didn’t want to create a permanent chasm to their relationship.  He’d been through that before with another termination and it still haunted him. 

I asked Ernie to share what he had planned to say.  He broke into a mini-speech, role playing his intended conversation with Barbara.  He included details of why Barbara was no longer a good fit, how she would be compensated, and reminders of how they had not seen eye to eye on several issues.  After he was done, Ernie shared with me that he wants it to go smoothly as he may need her on a consultancy level in the future. 

“I’m glad you called.” I tell Ernie, “I don’t think that conversation would have gone smoothly.”

A critical point in terminating an employee is to remember that this final interaction will be a memorable and lasting one.  It will overshadow most other interactions, and will largely determine the employee's attitude about you, and your organization, going forward.  "Off-boarding" therefore, must be respectful, thoughtful, and honest.  

Here are some key points:

1.    Be Gentle – But Get To The Point  Terminations are typically uncomfortable for everyone involved, don’t make it worse by engaging in small talk.  This wrongly suggests that everything is fine just before the axe is dropped.  Instead, give a brief warning statement that you “have difficult news to share”.  Then succinctly state that they are being let go.

2.    Allow Them To Ask “Why?”  Give space for the employee to ask this and other questions (now, and in the stages that follow).  Allow them the opportunity to feel heard.  The process of terminating an employee is just that, a process.  One worthy of a two-sided conversation. 

3.    Explain Without Blame  Share with the terminating employee the reasons things no longer work.  Keep your focus on the actions/behaviors you had hoped to see, but which were not (sufficiently) occurring.  Describing the absence of desired behaviors allows you to explain without blame.  This helps mitigate defensiveness and denial, while also acting as a teaching moment for the departing employee.

4.    Remind Them Of Their Value  Yes!  After describing where they fell short, tell them where they had excelled or where you believe they will excel in their next job.  For some employees this may be a harder stretch, but it helps support their ego, and facilitates their ability to focus their energy toward their next job.

5.    Note Your Appreciation  Most employees have contributed to your organization – acknowledge this and thank them for it.

6.    Go Over Logistics  The above five steps are all intended to be somewhat open and conversational.  Now you can (safely) transition into the logistics of the separation of employment.  It is in this stage that you may begin to engage them in comments relative to the “exit interview”. 

7.    Say Your Goodbyes  End the conversation by thanking them.  It may be for their years of service, for their open sharing during this process of separation, or for other reasons.  If you have a personal friendship with the person you are terminating, this is where you might reconnect with them on that level, speaking to how your (personal) connection will continue.

Other little, but very important considerations are to use a kind voice and to keep your demeanor professional but friendly.  You only get once chance to fire an employee, do it right.