In light of conflicting decisions at the district court level, the DC Circuit Court of Appeals has temporarily blocked the NLRB's rule requiring the posting of employee rights, which had been originally scheduled to take effect on April 30, 2012.

In view of the DC Circuit's order, and in light of the strong interest in the uniform implementation and administration of agency rules, regional offices will not implement the rule pending the resolution of the issues before the court.  

If you have received the NLRA poster, you are not required to post the "right to organize" message on your bulletin boards or anywhere else, until the legal issues have been resolved.

XcelHR will keep a watch on this issue and advise you accordingly.

1. The "Want vs. Have" Differential

Most candidates don't change jobs just for the sake of changing jobs. They change jobs because something is missing in their current position that your position will provide. Find out what this position differential is and you will be able to determine whether you can offer the candidate what he or she wants. If you feel you can offer the candidate greater job satisfaction, you'll be able to develop an intelligent capture strategy when it comes time to close the deal. For example, if the candidate wants more money, this is where you'll calculate how much it will take to land him. If the candidate wants to work on different types of projects, you can find out now what types of projects those are and whether they mesh with your needs. Determining the factors that make your position stick out from other companies will give you can extra edge when it comes time to make an employment offer.

2. Is the Candidate Interviewing Elsewhere?

Hiring managers don't like surprises and recruiters don't want to go through all of the time and effort of interviewing and offering a position, only to lose the candidate at the last minute. Always ask the candidate whether they are actively interviewing with other organizations and at what stage they are at with the other employers. For instance, if she has three other companies she is strongly considering and two offers are due to arrive tomorrow, you absolutely need to know this information. If the candidate is appealing to you and the hiring manager wants to make an offer, you'll know you need to make a move quickly.

3. Complete Compensation Details

Find out exactly how the candidate's current compensation program is structured. For instance, do they receive a base salary? Do they get commission? Are bonuses a part of their compensation package? It is also important to know how and when they are paid out; whether they have stock options or grants; and what employee benefits they receive, such as health insurance, 401(k) and any other benefits that fall under the compensation package umbrella. Compile a complete list of benefits and how they are structured (i.e. PPO vs. HMO) and determine when the candidate is up for his next review, because this can alter cash compensation.

4. The Candidate's Current Commute

Commute is a quality-of-life issue, which is increasingly important to employees. A ten-minute commute against traffic is very different than driving to a train, then having to walk five blocks from the station to the new organization. If the commute to your organization will be worse for the candidate, than it is in her existing job, bring it up and see how the candidate respons. Be sure that you understand the candidate's feelings about the potential longer commute. Highlight other factors that will make the benefits of taking the job outweigh the longer commute. If the commute will be better than their current one, use it as a selling point.

5. How Do They Work Best?

Some candidates work best if left alone, while others work best as part of a team. Some thrive working, both alone and as part of a group. You need to know about your company's management philosophy, then inter-office requirements of the position and department, as well as the way the hiring manager works to see if the candidate will either mesh or grind. This is one of those times when style can be just as important as substance. Try to avoid hiring a candidate who does not fit into the current scheme, since it can cause friction for the employee, his colleagues and the manager is work styles don't fit.

By taking into account these five aspects of your prospective candidates, you will be better prepared throughout the interview process, during candidate evaluations and all the way through to making an offer. Follow these best practices and you will save time, reduce frustrations and better your chances of hiring top-notch employees for your organization.

For more information on recruiting and staffing, visit http://www.xcelhr.com/recruiting.aspx or contact XcelHR at 800.776.0076 / info@xcelhr.com

What Does Employee Engagement Look Like?
On teams where employee engagement is high, there are more cooperative behaviors, enthusiasm, knowledge sharing, laughter… people behave as though they are choosing, not ‘forced’ to be at work. Engaged teams are more productive and have lower rates of accidents and absenteeism.

Some Employees Seem To Lack Motivation, No Matter What I Do To Be An Engaging Leader For My Team. What Can I Do?

Some employees are “actively disengaged”. Learn to recognize them.
They have consciously stopped trying to do their best work, only putting forward the minimum effort to “get by”. They may be engaging in inappropriate workplace behaviors and/or displaying signs of hostility. Sometimes, behaviors that accompany active disengagement need to be addressed as poor performance or misconduct. Do this sooner than later, before they affect the rest of the team. Engage HR proactively.

Experiment with ideas you find on this post.
The content is based on several motivation theories, and proven management experience.

Be A Leader People Want To Follow.

People want to follow leaders who know what they are doing.
Managers are generally perceived as ‘knowing what they are doing’ unless they undermine their own authority. A common way this happens is when managers make a habit of implying or saying: “they made me do it”. For example:

• “I’m sorry, Dan, but they made me schedule you to work the day after Thanksgiving”, versus:

• Dan, unfortunately I need you to work the day after Thanksgiving after all. I know you were hoping for the day off and I’m really sorry about that.’

In the first instance, the manager deflects blame and (inadvertently) conveys a lack of decision-making authority and integrity by appearing not to agree with the decision he is enforcing. Don’t undermine your authority to avoid blame or conflict.

Stand behind your message.
You won’t always feel great about the challenges you must extend to your employees, but don’t show your reluctance by being apologetic; that would undermine your leadership. Find a way to acknowledge the challenge while affirming confidence in your team. To do this sincerely, put some thought into why & how the challenge will be approached and what you’ll be expecting of each team member.

Help employees understand…
Help them see why progress is needed. Understand why a mandate exists, even if you didn’t originate it, well enough to explain it. For example, if the company needs its employees to achieve more with fewer resources, you could explain what types of costs have risen, what areas of revenue have declined, what the competition is doing, etc. and how the company needs to change to stay in business. Involve your employees in a sense of shared mission and purpose.

Avoid the appearance of micro-managing.
Where employees are accountable, decide for yourself where results matter more than process. Once an employee is trained on process, if appropriate, shift your focus to the results. Based on the employee and the job, decide what is a reasonable interval of time between your ‘check-ins’… this will minimize the chance of appearing to ‘micro-manage’. Employees are rarely likely to ‘go the extra mile’ and put their hearts into their work when they don’t feel trusted.

Motivation Theories Say…

Be clear on what you’re asking.
If you need accurate results but you only ask for faster ones, employees won’t put as much focus on quality. If accuracy is important, specifically build that requirement into a goal. On a day-to-day level, ensure your approach to motivating your employees doesn’t work against your ultimate goal.

Foster a sense of progress.
It’s human nature if you’re not progressing, or if your progress isn’t noticed, you feel like giving up. Even though you probably don’t actually give up, it takes way more effort to stay engaged. On the other hand, feeling progress is energizing and motivates you to keep going.

Studies have shown: the closer the goal, the greater is the impulse to succeed.

Set sub-goals that are challenging and achievable, to keep engagement levels highest on the way to the ‘big goal’!

Build trust by giving employees a taste of success.
Setting sub-goals that are both challenging and achievable is not easy. When employees willingly leave their comfort zone to meet new challenges, it means they trust they can succeed. Make the first sub-goal the easiest to reach and let the level of challenge build gradually. This way, employees gain self-confidence and gain trust in your leadership. The combination is powerful.

Harness team energy.
Define and clearly communicate how you’ll be measuring progress, as specifically as possible. Use graphics and/or benchmarks to illustrate success and progress needed. Where a team has a shared goal, congratulate the whole team on progress even if mostly made by an individual. Give extra congratulations to high achievers privately. Likewise, address individual shortfall(s) in private.

Use rewards wisely…
Promising a reward for a specific achievement only works in the short run. It causes performance to decline when the reward is no longer offered. It’s not the way to boost work ethic or the overall work quality on your team. It is an effective way to boost enthusiasm and performance in pursuit of a one-time achievement. Be careful not to undermine your future effort. Spontaneous rewards such as ‘spot awards’ work the best in general, as do rewards that are given to acknowledge high performance over a longer timeframe. Studies have shown the perception of sincerity and spontaneity has much higher impact on employee motivation than what the reward is (assuming fair base pay).

What If It Doesn’t Seem To Work?
Motivating employees is an art that requires practice. It may not come easily; don’t give up! If, however, you don’t feel you are making progress, here is a possibility to consider: you may be trying too hard. The line is fine between inspiring motivation and coming across as ‘pushy’. When feeling pushed, most people resist! Feeling inspired to go the extra mile is exactly what motivation is, and it’s the opposite of resistance. If employees feel you care about their experience, that you encourage them because you want them to feel successful, they will want to do their best for you.

Natalie Dodson, SPHR, is the Director of HR and Senior HR Consultant at XcelHR, an organization that provides human resources solutions to small and mid-sized businesses. She can be reached at 800-776-0076.

• Keep the numbers for security and the police near your phone.
• Create a signal with co-workers to alert others to possible danger.
• Meet visitors in the lobby and escort them to your work area.
• Do not handle any unusual packages; report them to security immediately.
• Know how to send an alarm to alert security if you’re worried about potential violence.
• Keep purses and other personal belongings locked in a desk or locker.
• Report any signs of a break-in, or any missing items, immediately.
• Take additional precautions when working at night or anytime there are few other people in the building (e.g., let someone know you’re working late, keep the door to your work area locked, avoid leaving alone-especially when using an elevator or a stairway, etc.)

Janeth Tellez is a Human Resources Assistant at Xcel HR. She can be reached by calling 800.776.0076 or sending an email to info@xcelhr.com.

Despite your best efforts as a manager, you will encounter situations in which it is necessary to terminate an individual’s employment.  Whether due to a position elimination, chronically poor performance or inappropriate behavior, this is never easy. 

The following tips are meant as a guide to help you with the termination process; since every situation is different, it is recommended that you consult an HR professional before communicating a termination decision. 

Golden Rule: Never ‘Fire’ On the Spot

No matter how straightforward a matter may seem: at the least, discuss your decision with your manager and /or an HR resource.  There may be a different perspective and /or some recommended preparation. 

Things to do before finalizing a termination decision

Gather and document input from each point of view. 

• Make sure you get the ‘other side(s)’ of the story, including alleged perpetrators of behavioral offenses.  Document what is shared with you and /or collect statements in writing.

Ensure you know what actions have been taken under similar circumstances involving similarly-situated individuals, or that you are advised by someone who does.

• Actions must be equitable across the company, and over time.  Each situation and person is different, but reasons for different treatment must be objective.

Review your documentation. 

• In performance-related termination decisions, unless an especially serious and /or impactful mistake was made, it’s best if the necessary improvements and potential consequences for failing to improve (disciplinary action up to and including termination) were explicitly communicated before this episode occurred.  Sometimes this is not practical, but it is ideal and to be aimed-for.

In especially serious or urgent matters, such as alarming incompetence or behavioral issues, you can send someone home on administrative leave to conduct due diligence into any incident. 

• Involve your manager and /or an HR resource in the question of whether administrative is appropriate and should be paid.  Paying for administrative leave helps protect the company from the appearance of having assigned fault without knowing the facts, while the employee’s absence minimizes potential complications while investigating.

Ensure your documentation is as thorough and complete as possible.  Absence of documentation does not mean you cannot carry out a termination decision, but it is worthwhile to be as prepared as possible.

Guiding principle: all news can be delivered with compassion 

It matters how people are treated ‘on their way out’.  Compassion is an active stance that is about connecting with the human element of what is taking place.  It is a strength that conveys respect.  It increases the sense of dignity of the individual on the receiving end.  It is steady and calm because it does not argue; it is respectful of the emotional experience of the individual without allowing inappropriate behavior during the exchange.  It is the strongest stance, and the one that ensures people are treated with maximum respect in all circumstances.  It is also the least likely to foster a difficult reaction.

Preparing to conduct the termination meeting

Prepare a few talking points in writing.  An HR representative can help you.  You will be able to refer to these during the meeting, though you will likely be paraphrasing.  Talking points will help keep you ‘on track’.

Stick with a few concise statements.  In general, the less said, the better. 

Be clear on the main reason for termination, and communicate that.  It needs to match what’s going ‘on the record’. 

Plan not to lead with small-talk. 

• Saying ‘hello,’ and establishing eye contact, is enough.  Nervousness can create an urge to ‘chat’; anticipate this, and be prepared to refrain.  A typical question, like “how are your kids”, or “how’s it going”, can make it more awkward to deliver tough news.

If you are concerned the employee’s reaction could be violent or disruptive, ask Security or another authority figure to stand by discretely at the appointed time. 

Determine what Company and personal effects will need to be gathered, and how this will be handled. 

• If the individual will be given the opportunity to gather personal effects before leaving, as opposed to having them packed and shipped by you, have an empty box or two on hand.

Conducting the Termination Meeting

Consider logistics.

• Have tissues in the room, just in case.  Have another manager or HR, in the room if possible or on the phone, to witness the conversation. Do not allow the meeting to be interrupted.  Close the door.  Turn off your phone. 

Don’t be surprised by an emotional reaction (or lack thereof). 

• Crying is not unusual; don’t back down from your message.  Offer a moment of silence, a tissue, a kind word such as “I know this is difficult”.  Be calm, compassionate, and breathe. 
• An individual may argue your points or examples.  Don’t engage.  State that the decision is final.  This is not about specific examples, nor is this a discussion.  You understand and respect the fact that he or she may not agree, but the decision is final. 
• Quite often, an employee’s reaction may be surprisingly calm.  The absence of apparent emotion may be disconcerting; it could be that the impact of the news hasn’t yet registered.  You could ask: “Do you understand”?  However, just as with a strong emotional reaction, don’t be tempted to over-explain.
• If the individual begins to display threatening body language or to raise their voice, remain non-defensive and point out “you’re raising your voice and waving your arms at me.  I’ll ask you to please stop”.  If the behavior does not stop, immediately call Security or another individual who can lend a protective presence.

Collect Company property and facilitate exit as planned.

After the Meeting

Notify all appropriate parties of the termination so that that building access, computer access, pay, etc., can be stopped and necessary administrative processes initiated.

Keep details out of team announcements: “Jim is no longer with the company” is appropriate, and “I’m not at liberty to discuss” if there are any probing questions.

If there is reason, notify security that the individual is not to be allowed back on the premises.  In rare circumstances, employees may be told they should report the individual’s presence on premises to Security.  If applicable, instructions may be given on how to handle phone calls or emails from the individual.

What to Expect…

Many managers report these physical symptoms after the decision has been made to terminate a subordinate’s employment, especially in the 24 hours before the meeting:

• Poor quality of sleep;
• Headache
• Upset stomach /Stomach Ache
• Nausea

It can help to know in advance that these symptoms are normal, and will pass.  Be compassionate with yourself.  Rest if possible. This task was necessary, and you did your best in a difficult situation.

Natalie Dodson, SPHR, is the Director of HR and Senior HR Consultant at XcelHR, an organization that provides human resources solutions to small and mid-sized businesses. She can be reached at 800-776-0076.

Benefits administration outsourcing is a delegation of duties that leaves you and your employees with quality time to focus on the more immediate, significant and revenue-producing goals for success of the company. More and more companies are opting for this as the most preferred choice to keep the structure and operational base of the company brief and concise. There is a natural save on the additional expenditures of an organization from this that can be diverted to more fruitful means of better returns.

Benefit administration outsourcing companies offer attractive, cost-effective benefit plans to their clients, making them an appealing choice in comparison to managing benefits internally. They employ certified employee benefits specialists who are specialized in planning the proper benefits plans for a company and its employees.

The standard options provided by a professional benefits administration firm include:

• Medical
• Dental
• Vision
• 401(k)
• Flexible Spending Accounts / Health Savings Accounts
• Life Insurance
• Long and Short Term Disability
• AD&D

When you decide to outsource your benefits administration, you also will enjoy flawless management and calculation of each benefit package. Additionally, employees can access their plans online with ease and convenience to take a closer look at their savings and perks.

Bringing even more value and profitability to the table, benefits administration outsourcing is often coupled with HR-related tasks, such as:

• Plan Administration
• Online Enrollment
• Web-Based Plan Management
• COBRA Administration
• FMLA Administration
• Eligibility Tracking
• Section 125 Administration

With the buying power of a professional benefits administration outsourcing firm, you will also perks you otherwise would not be able to as a small business, such as:

• A wider selection of insurance carriers, products and plans
• Access to Fortune 500 style benefits by using the buying power of thousands of worksite employees
• Consumer driven healthcare programs and education
• Aggressive rate reductions
• An all-inclusive streamlined approach from implementation through renewal and payroll deduction
• Personal assistance with claims resolution and other administrative functions
• Maximization of available benefits and plan features

For more information on benefits administration outsourcing, visit http://www.xcelhr.com/employee-benefits-outsourcing.aspx or contact XcelHR at 800.776.0076 / info@xcelhr.com