Workshop Employee Relations and Loyalty

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    A Special Presentation for FMIs 2008

    Productivity Plus Conference

    EmployeeRelations

    and Loyalty

    Dale Deitchler

    Noah Lipschultz

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    Definitions of Loyalty

    Being motivated to do good

    work (39%).

    Going above and beyond

    job requirements (34%).

    Plan to stay at company for

    2+ years (19%).

    Would recommendcompany to job seekers

    (7%).

    New York Times Job Market

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    Loyalty Risk Categories

    Truly Loyal: employees who plan to stay

    with you and want to stay with you.

    High Risk: employees neither committed

    nor planning to stay.

    Trapped: plan to stay in same line of

    business, but not necessarily with you.Walker Information Loyalty Report (9/07)

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    genda Promoting

    Employee Loyalty

    Loyalty and Ethics

    What to Do When

    Loyalties Fail

    Managing for

    When Employees

    Leave

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    Promoting Employee Loyalty

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    Managing Employee Loyalty

    Goal: Keep Trusted Employees,

    motivate/move out High Riskand

    Trapped Employees

    Strategy: Identify employees in each

    category and seek to reward/motivate

    them differently, but do so with an eyetowards issues of discrimination and

    disparate treatment

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    Managing Employee Loyalty

    High Riskemployees are not

    necessarily those in protected categories

    Trappedemployees are not single

    mothers

    Truly Loyalemployees are not all

    white, male, under 40, etc.

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    Promoting Employee Loyalty

    You must manage all categories

    of employees: Truly Loyal, High

    Risk, and Trapped. You cannot

    manage for only one category.Each presents its own issues.

    There are issues, however, thatpervade allcategories.

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    Promoting Employee Loyalty

    $HOW ME THE MONEY$$!!!

    Recognize Limited Shelf-

    Life

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    Promoting Employee Loya lty

    Information Sharing -- Keep Employees

    Informed:

    - Expansion (or Contraction)

    - New management, new supervisors

    - New Methods, New Equipment

    - Wage scales and how wages are determine

    - Company benefits and what they mean

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    Promoting Employee Loya lty

    EMPLOYEE INPUT: Employees Feel They

    Don't Have a Say on Things Affecting TheirJob

    Their ideas are not given consideration

    Changes made suddenly and without notice

    Changes made after employees are consultedbut their suggestions ignored

    No planned communications from employees

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    Promoting Employee Loya lty

    Fair workplace policies Avoid Poor or Non-

    Existent Personnel Policies

    Nothing is in writing

    Nothing is communicated

    What there is, is poorly done and not understood

    The policies, if written, do not meet the needs of

    management or employees

    Infrequently or never reviewed or updated

    No Internal Complaint Procedure

    Progressive Discipline

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    Promoting Employee Loya lty

    Consistent and Fair Policy

    Administration.

    No Favoritism

    Keep Promises

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    Promoting Employee Loya lty

    Advancement

    Periodic appraisal of performance by supervisors

    Promotions from within

    Employees know how to work for promotion

    Employees know why they are not promoted

    Employees are informed of promotions made

    from within

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    Promoting Employee Loya lty

    Eliminate Poor Working Conditions

    Lack of proper/adequate tools, materials and

    equipment to do the job

    Poor lighting, unclean work area and safetyhazards

    Poor rest areas and/or lunch areas

    Poor, dangerous or inadequate parking

    Unclean rest rooms

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    Promoting Employee Loya lty

    First-line Supervision

    Not concerned about employees, their concerns,

    their roles, their advancement. Abusive

    management is tolerated.

    Do not appear often enough in working area.

    Supervisors too busy to listen to, investigate andget answers to employee problems

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    Fac tors Driving Loyalty

    Care/Concern & Addressing Personal

    Needs

    May be necessary to make exceptions

    but dont discriminate!

    Personal acts of kindness and concern

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    Workplac e Ethics

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    Companys failure to establish standards /

    culture

    Greed

    Desire to advance career

    Pressure to meet unrealistic performance /

    financial goals and deadlines

    Poor training/communication

    Low morale

    Why Employees Behave Unethically

    mutually assured destruc tion

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    Challenges to Ethic s

    Businesses are more likely to make ethical

    compromises during economic downturns

    48% agree or agree strongly.

    The Power of Ethics: Watson Wyattsworkplace survey shows that companies

    with high employee trust levels significantly

    outperform low-trust companies.

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    Drafting a Code of Ethic s

    Do We Need One?

    What factors gointo deciding

    whether to issue

    a code of ethics?

    Are there types of

    companies which

    should not have a

    code?

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    What Kind of Code Is Best?

    Which is preferable a short

    statement of core principles ora more detailed list of rules?

    What are the key types ofmisconduct the company

    should look to prevent and

    how does that affect the lengthand detail of the code?

    What specific sections should

    a code include?

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    Onc e Its Written, Then What?

    How do you assure that employees and

    management take the code seriously?

    Is a special ethics officer needed or

    recommended?

    What types of reporting and enforcement

    measures are advisable and who shouldhave that responsibility Legal? Human

    Resources? Corporate compliance?

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    What To Do WhenLoyalties Fail

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    Failed loyalties are notviewed from just the

    employers perspective.

    Employers need to plan for when employees

    believe that the employer has failed in itsloyalties. One employees failures can impact

    the group as a whole.

    Failing to consider employee complaints,

    disappointment or disenchantment can lead to

    disaster.

    Failed Loyalties

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    Failed Loyalty Consequences

    Employees more apt to seek outside

    help or punish employee if they lack a

    sense of trust and loyalty.

    They look for someone to protect them:

    EEOC

    NLRB

    Plaintiffs lawyer?

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    Failed Loyalties

    Failed Employee Loyalties:

    Theft

    Breaching duty of loyalty

    Harassment

    Violence

    Unfair competition

    Poor work performance

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    Failed Loyalties

    Failed Employer Loyalties:

    Perceived disparities in employee classes

    Perceived benefit losses

    Harassment/discrimination

    Lack of communication

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    Correc ting Failed Employee Loyalties

    1. Use Proactive management

    2. Identify person(s)/team responsible

    for various issues

    3. Plan for worst-case situations and

    develop possible options beforehand

    4. Communicate, communicate,

    communicate!

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    Correc ting Failed Employee Loyalties

    5. Have a plan but be flexible in its

    application

    6. Consider the employee category

    potentially at issue but be preparedfor revelations

    7.Document problems

    8. Failed employeeloyalties can lead to a

    perception of failed employerloyalties

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    Correc ting Failed Employer Loyalties

    Communicate effectively in the first

    instance

    Enforce policies quickly and fairly

    Take action immediately if possible

    Correct mistakes quickly

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    Correc ting Failed Employer Loyalties

    Use an appropriate spokesperson

    Communicate further

    Document to the extent necessaryand advisable

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    Managing forWhen Employees Leave

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    Managing Employee Losses

    Why employees leave:

    1. Competition

    2. Disenchantment

    with current position

    3. More room for

    advancement

    4. Personal financial

    issues

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    Managing Employee Losses

    Manage losses begins

    beforeemployees are

    hired by considering:

    1. Hiring process

    2. Protection of

    confidential information

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    Managing Employee Losses

    Hiring process:

    Use the hiring process to weed out potential

    High Riskor Trappedemployees to minimize

    losses

    Consider the employees work history

    Background checks

    Drug Tests

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    Managing Employee Losses

    Hiring process:

    Ask probing questions about employees

    interest in position

    Ask why employee is leaving current

    position

    Ask employee if he/she would considerother opportunities

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    Managing Employee Losses

    Protecting confidential

    information:

    Identify information that

    needs protection

    Non-lawyers are key to

    defining information to

    be protected

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    Managing Employee Losses

    Protecting confidential

    information:

    Consider different levels

    of confidentiality /protection

    Have a clear confidentialitypolicy and explain why

    it is needed

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    Managing Employee Losses

    Protecting confidential information:

    Have a clear policy of what is company

    property and not employees personal

    property

    Use confidentiality agreements that

    properly identify what is protected

    Label as confidential and restrict

    access

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    Managing Employee Losses

    Protecting confidential information:

    Make consistent backups of

    computer files

    Consider using pdf files to transferelectronic information

    Adopt an electronic use policy

    Monitor employee email use

    Use passwords/encryption

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    Managing Employee Losses

    Protecting confidential information:

    Collect information, keys and passcards

    from departing employees immediately

    Departing employees should confirm

    return of all information, including anyused on home computers

    Ask questions in exit interview regarding

    computer use and document downloading

    Confirm employees continuing

    obligations in follow-up letter

    Information Generally

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    Unique DistributionProcesses

    Experimental prototypesInformation

    Current cost/pricing data

    Sales/marketinginformation and forecasts

    Budgets & forecasts

    P & L statements

    Strategic business plans

    Proprietary softwareapplications & programs

    Compilations

    Information Generally

    Entitled to Protec tion

    Issue: Communications

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    Issue: Communications

    With New Employer

    Possible issues:

    defamation and

    intentional

    interference

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    Questions?

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    A Special Presentation for the Productivity Plus Conference

    ThankYou

    Dale Deitchler

    Noah Lipschultz