11/27/06

Policy regarding alcohol consumption on premises

Can you refer me to a policy that allows for alcohol consumption on work premises for special occasions when allowed by senior management?

There is no one-size-fits-all policy that covers alcohol consumption. Much depends on the organization and its culture.

Before crafting such a policy, consider how this will impact your workforce. Alcoholism has many faces. Could someone in your organization be battling this disease? How will they feel when faced with alcohol at a company-sponsored event?

Should you decide to proceed, understand that your organization could be legally responsible if one of your employees overindulges and has an accident on the way home from the event. Also be prepared to deal with employees who get a bit too friendly with one another after consuming a few drinks.

Policy or not, it's not a bad idea, especially during the holidays, to remind employees to exercise caution and to control their consumption when drinking alcohol.

--ROBERTA CHINSKY MATUSON

Policy for company logo merchandise

I am an HR generalist working for a company that does a lot of marketing of its brand. Management sometimes distributes company logo merchandise to employees as small recognition incentives (including portfolio pads, umbrellas, messenger-style bags, jackets, etc.). Recently when I was out with friends, I ran into another employee of the company and noticed he was wearing a company logo jacket that I know he was not given by management. What should I do?

You did say that management distributes company logo merchandise to market its brand. It looks like your marketing strategy is working.

It's not appropriate to say anything to either the employee or the person who you suspect gave him the jacket. Perhaps this person was simply borrowing the jacket from a friend. It's rare that employees want to wear company logo jackets out in public. Yours must be particularly nice. It may be time to suggest to management that all employees receive company logo jackets when they join the organization. This will certainly increase your company's street visibility, which could result in more sales.

--ROBERTA CHINSKY MATUSON

Loud sneezer

We have an employee who sneezes LOUDLY at least 3 times a day. It originally seemed like a cry for attention that his department hoped would go away. It didn't. We've tried to ignore it but this person can be heard half a building away. Any advice on how or if this person should be approached?

Do you really think this person doesn't know his sneezing can be heard across the street? Say nothing. Instead, look at ways to reduce the noise level in your office. In open office environments, you can hear just about everything. Consider using white noise to drown out some of the sounds. You'll still be able to hear this sneeze, but it will be less pronounced. If the noise is still creating a problem, try to find this person an office with a door so he can sneeze in private.

--ROBERTA CHINSKY MATUSON

Workplace bullying

I am a psychotherapist by trade and recently a client came in with the issue of stress due to workplace bullying. She has been singled out and harassed verbally with threats and intimidation by another employee (no sexual harassment). She has suffered much anxiety and depression as a result. She went to HR and they did nothing. EAP did not help and took a whole month to get back to her when she was in crisis. Her bosses have been trying to push her to work with this person, totally ignoring her issues. She is ready to quit the company because of this and is now out on medical leave. To my understanding there is no current law against this type of behavior in the workplace. But what recourse does she have against this company for not addressing this situation adequately?

Harassment in the workplace, of any kind, has serious ethical and legal implications. Most companies have zero tolerance polices regarding harassment, whether it be of a sexual nature or stemming from threats and intimidation. It is the responsibility of Human Resources to listen carefully, respect the complaint, and investigate the issues. If your client has not received an adequate response from the HR department, then I suggest she go up the chain of command, even though this will not necessarily win her many new friends or fans. There are times when this is the only recourse, especially in matters that involve one's well-being and mental health.

In all situations like this, it is essential to have the facts organized, the accusations supported, and the request clearly stated. One should always try to avoid ad hominem attacks on people. Your client should remain focused on specific, documented behaviors and the impact on her capacity to do her job. Finally, she should talk with any peers who are willing to support her allegations.

Regarding the lack of EAP response for one month, this is highly unusual and we recommend strongly that this vendor's contract be terminated for lack of professionalism. World class EAP's respond the same day or immediately when a call is placed to them from a client organization, whether by an HR manager or an employee.

--HARRY SOBEL

Hiring back a former employee

An employee who left the company a year ago has reapplied for his previous position. This person had a good performance record, but when other employees heard they filed multiple complaints stating that the person was divisive, abrasive, and not a good colleague. As hiring manager I feel like I'm in an ethical bind. Should I rehire the person and risk internal strife, or should I tell the person he is not hired based on internal feedback?

You are not required to give potential hires a rationale for not hiring them into a specific position. Input from other employees is significant data so long as these people are not reflecting some personal and unjustified bias to exclude the individual from being rehired.

As the hiring manager, it is part of your due diligence process to collect feedback from multiple sources, not just former colleagues. For example, what do external references say about the individual? How was the person perceived by others outside of your department but within the company? What do performance feedback records say about his behavior? And how does the individual respond to behavioral interviewing when the topic focuses on conflict management, teamwork and anger management? A well-executed behavioral interview process-supported by external references-should make the hiring decision much clearer. One creative and slightly more non-traditional approach would be to share some dimensions of the hiring decision with his former colleagues, and invite them to participate in the interview process. Interesting data will emerge on both sides. Observe how the person handles his peers directly, while giving these former colleagues a bit more control over the final decision.

--HARRY SOBEL

Dismissal of an employee with a medical condition

If we are unable to accommodate an employee's special needs, what are the ethical concerns surrounding the early retirement or dismissal of this employee based on poor performance due to a medical condition?

This question involves both legal and ethical issues. From a legal perspective, the company should absolutely speak with an attorney to address the issues around accommodation and the ADA (Americans with Disabilities Act). This is a vital first step.

From an ethical standpoint, great companies consider how a separation will impact the individual and the company (ie, the employees who remain behind and who will observe how people are terminated). If early retirement is possible and acceptable to the employee, then this can be an effective solution. Ethically speaking, if you have met all the requirements of the ADA and have followed in good faith all company performance management policies, then termination might be the best and only option. Providing an emotional and financial safety net as part of the termination package is a solid ethical company response, and will be respected by those who remain employed. It will also decrease the vulnerability and potential angry response from the individual who is losing his or her employment. Consider extending paid health insurance for a period of time.

--HARRY SOBEL

Hiring clients' family members

Should firms consider hiring their clients' sons or daughters? What are the best practices of other companies?

Firms should always be prudent before hiring a client's family member. Accusations about nepotism can lead to questions regarding ethics, favoritism, fairness, equal opportunity, and the general ethical culture of a company. On the other hand, this is done all the time, and can be done well if not done in excess.

Some of the critical, best practice questions to ask are:

• 1. Is the client's son or daughter as competent as other potential candidates?
• 2. Have they gone through the customary application, screening, and interview process?
• 3. Have multiple people participated in the interview process and considered the implications of having a client's offspring working at the firm?
• 4. Is the person being hired because of a looming contract or sales opportunity?
• 5. Will the individual in question be privy to confidential information that could impact an existing or impending contract?
• 6. Has the client pressured the firm or made any quid pro quo references to ongoing business?

So long as these questions are answered carefully, and in line with company policies and ethics, the periodic hire of a client's son or daughter can be ethical and possible.

However, if anyone in the organization voices a concern that the hiring could easily compromise daily operations, contract negotiations, professional reputations, privacy, or the freedom to engage in competitive bidding in the future, then in all likelihood it is the wrong decision for the firm. A sophisticated and valued client will understand and respect your decision, as well as the ethics that lie at the foundation of your decision. And if they don't, it may be time to fire the client!

Bottom line: be careful, think through potential ramifications (eg, what happens if the person needs to be terminated?), involve multiple people in the decision, and do not make it a regular practice.

--HARRY SOBEL

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