Human Resources For Small Business in Dallas Texas

What is Missing In Your Work Readiness Portfolio?

The Galatas Group — Thu, 25 Aug 2011 03:16:28 +0000

What is Missing In Your Work Readiness Portfolio?

In reading the local Business Journal, I came across a study conducted by St. Louis Community College on challenges employers are facing today in finding qualified job candidates. The study is titled “The 2011 State Of St Louis Workforce Report.” I believe it captures an important and widespread challenge for employers across the nation; issues which job candidates must take seriously and address during their job search.
Page 20 and 22 of the report discuss these most salient points.

Although the candidate pool is large due to high unemployment levels, and a large percentage of candidates possess sufficient technical skills and experience, the missing x-factors are:

Demonstrated creativity
Willingness to learn
Ability to learn quickly
Adaptability
Basic personal effectiveness competencies such as
- work ethic
- discipline
- critical thinking
- interpersonal skills
- Ability to collaborate as part of a team

These deficiencies hold true for experienced workers as well as new graduates. I cannot stress enough the importance of understanding that employers not only look for the hard technical skills, but they also look for the soft skills and work habits and many employers are recognizing more than ever today just how critical the competencies listed above are to an organization’s success.

I know one lady who is a technical expert in her field and has extensive experience and post-graduate education to support that expertise. However, she loses long term employment opportunities due to her inability to collaborate and fit in with her new team and manager. She is so arrogant in her expertise that she loses sight of the value she could be bringing if she would just shut up and listen to her colleagues. She is not willing to think creatively and adapt to new methodologies.

Job seekers need to be able to articulate their skills in these areas, in writing and verbally. Including some examples of how you leverage your personal effectiveness skills on your resume or cover letter may be the key to getting your foot in the door for an interview. Having concise stories to tell during an interview of your ability to adapt to changing demands and be a team contributor may be the keys to getting that job offer.

If you are not sure of yourself in these areas, perhaps a scientific assessment is called for and there are many available to you. In addition to the more well-known assessments such as Myers-Briggs and DISC, which are personality typing tools, there is a new tool called Shadowmatch which assesses your work habits. This assessment eliminates the self-awareness subjectivity that is required for many other tools and really validates your responses by asking additional questions until your predictable behavior has been established. Although it was developed as a tool for employers to use for staff development, I have found it useful in individual career coaching and recruiting processes.

Don’t underestimate the value of your people skills. They are a necessary component to your work readiness in the eyes of potential employers. One word of caution: don’t just learn how to talk about these soft skills—make sure you are actually displaying them.

What is Missing In Your Work Readiness Portfolio? is a post from: Human Resources For Small Business in Dallas Texas

Motivate or Cultivate

The Galatas Group — Sat, 07 May 2011 05:31:44 +0000

Motivate or Cultivate

Motivate or Cultivate: Thank God It’s Monday!

Our latest webinar with our strategic partner, PeopleSync, covers strategies and insight into how you can develop your company culture to cultivate employee habits and attitudes to increase productivity and energize the workforce.

We discuss:

Creating a culture of self responsibility
Setting clear boundaries to define success
How employees should step up and become culture leadersHere is the Webinar: Motivate or Cultivate: Thank God It’s Monday!

This webinar was presented in collaboration with PeopleSync. Together we provide customers withthe unique Shadowmatch workforce optimization technology for the precision placement & recruitment, and development & re-deploymentof individuals for corporations and recruiters. www.peoplesync.com

Here are some additional links to examples of companies that are embracing ‘cultivation’ of their employees:

Check Here : Top 100 Companies To Work For
The Simple Truth of Service:

Motivate or Cultivate is a post from: Human Resources For Small Business in Dallas Texas

Apply Now: Upload Your Credit Report and Resume

The Galatas Group — Thu, 03 Mar 2011 00:45:35 +0000

As a career coach and Revved Up for Hire Career Club® leader I am amazed at how many exceptionally talented, experienced and educated candidates that attend our program are hopeful, but live in fear of not getting a job due to their credit score. There is a sigh of relief once the credit question is brought up during the program, most of the time, by me. Many participants feel ashamed to admit that their credit is not up to par but with today’s economic downturn many job seekers have less than perfect credit histories.

Times are tough; just look around you, read the paper or listen to the news and you will continuously see companies, large and small, downsizing or closing their doors leaving more and more people jobless.

Gone are the days of just verifying education, confirming employment history and checking references. With millions of people currently looking for work nationwide, potential employers are demanding more and more of their vast and very diverse applicant pool. If you struggle to fully understand what your credit history has to do with your work experience, your professionalism, or the ability for you to do your job and why so many organizations today are checking credit as part of their hiring practices, you are not alone. Many of our career club participants also find themselves scratching their heads in disbelief, disgust and even in anger over the sticky credit situation that may be hindering them from landing their next opportunity.

Now, I must agree that many people are truly irresponsible with their personal finances and should be sifted out. I don’t think it is fair of those employers that place all job seekers with undesirable credit histories in the same box. I truly believe that every qualified job seeker faced with the credit dilemma should be looked at on a case-by-case basis especially since so many financially responsible job seekers today now have poor credit histories due to a job loss or other uncontrolled circumstance in their lives, as in my case. I say this because a few years ago I was personally placed in this box when I was seeking employment. I was able to show that I had a positive credit history with one blemish that negatively impacted my credit score.

There are several things you can do to better prepare and potentially overcome this obstacle.
1.    Boost your credibility factor by setting up a LinkedIn profile and requesting recommendations from former colleagues and/or business contacts. Employers may think twice before hiring a candidate with less than stellar credit, but credibility also plays a big role. Don’t forget that many employers are using social media to source candidates and to get somewhat of a character reference online, therefore if you’re not getting in on the social media bandwagon I suggest you do so. Tweet your way to a job in Twitter by using your expertise in your field to comment on relevant discussion topics in your industry. You may be able to soften the impact of a poor credit report and overcome it.
2.    Do not let your credit history stop you from pursuing your career goals. Keep in mind that in most cases potential employers are likely to check credit if the open position has signature authority, financial and/or budgetary responsibilities. It is the norm to consider candidates with poor credit history or that are in debt, a greater risk to the organization, especially when holding positions that can potentially affect the bottom line. Many companies say they run a credit check and don’t.
3.    Run your credit report. Employers tend to look for things driving the credit score such as payment patterns or large amounts of debt and not necessarily just the credit score itself. Pulling your credit report will give you an opportunity to catch and fix any errors, note and research questionable items in your history and acknowledge those positive or negative entries that are true.
4.    Be proactive. Make note of what on your credit history may affect you during your job search. Prepare an explanation ahead of time and gather any information or documentation that will help to further clarify the credit entry or situation.
5.    Set realistic expectations. If you are interviewing for a position with financial responsibility, expect that a credit check will be run on the final candidate. Always be honest and open about any credit blemish you may have, regardless of outcome.   However, keep in mind that timing is key. You may choose to disclose credit concerns to the top decision maker, but not the initial telephone screener, to avoid being disqualified too early in the process.
6.    Don’t limit your choices as I originally did and instead expand the scope of your search. There are many positions that are either related to your field or in another industry that can also yield a rewarding career.
7.    Keep your head up high and focus on your achievements.

I am pleased to see that there is currently a movement towards eliminating or limiting this practice in several states, as recently seen in Illinois. However, according to the Society of Human Resource Management (SHRM) 60% of employers ran credit checks in 2010 as compared to 43% in 2006. As the practice of checking credit becomes more and more common even for positions without fiscal responsibilities, I am sure it will continue to stir up controversy in many more states.

In today’s economy employers that have job openings are in constant search for quick and cost effective ways to sift through the hundreds and even thousands of applicants to ensure best selection and best fit. Credit history, whether wrong or right, is one of the ways employers are using to scrutinize candidates and sift through the masses.

Let us know your thoughts. Do you agree with the new trend of checking credit regardless of fiscal responsibility?

Apply Now: Upload Your Credit Report and Resume….really??? by Jackie Torres

Apply Now: Upload Your Credit Report and Resume is a post from: Human Resources For Small Business in Dallas Texas

Overcoming Age

The Galatas Group — Fri, 11 Feb 2011 21:54:06 +0000

As a career coach and Revved Up For Hire Career Club leader, I’m often asked, “How can I overcome my age? No one wants to hire someone my age.” I know it’s frustrating for the baby boomer generation to compete with the two to three younger generations that are now in the workforce. It’s also frustrating for me to see so many folks in my generation let their age become a barrier to their success as a career seeker.

Yes, I’m sure that I’ve also been impacted by my age over the last few years—hard to remember that I used to wear glasses merely to appear older and more experienced when I was in my 20s—I thought it would up my credibility factor. And perhaps it did! I was certainly not averse to using any of the tools in my toolkit and, no matter what anyone in the workplace says, image is critical. Whether it is toning down the sexuality or vamping up the vitality in your persona, now is not the time to quibble about whether or not your wrinkles, gray hair, glasses or turkey neck should be used against you! Face it, life is not fair and neither is the competition for jobs. So get a grip, ladies and gentlemen, and be realistic. If you can afford to get a good haircut and a complimentary hair coloring, do it. Same goes for your manicure, clothing, shoes, and accessories.

Keep in mind that it’s not about looking younger, it’s about looking your best and feeling confident. I’ve met bald men and women with fabulous gray hair that I would consider far better candidates than their younger competition. In line with looking your best is keeping your energy level high. As difficult as this is when you are feeling depressed and de-motivated, it’s imperative that you “fake it till you make it” if you want to be seriously considered for a position. Far more damaging in the mind of the hiring manager than a receding hairline, is an impression of fatigue, low energy, depression or desperation.

Keep your energy focused: on your job search strategy, your health—both mental and physical, connecting with your network, and paying it forward by helping others. It’s well known that when you focus on helping others, you feel better about yourself and the value you bring to those around you. Get involved in volunteer work with your community, church, local schools, or other organizations of interest. Not only is this key to staying positive, but it also shows you are not just sitting around moping. Not that you would….

Focus that energy on learning something new as well. Be relevant. One reason hiring managers perceive some of us as “old” is that we seem stagnant. Just like that old 1950s record player, we can become irrelevant to the current times. Use your network to stay involved in the industry you are targeting by asking for short informational meetings. During these meetings you want to ask questions, showing interest in current topics of importance to the company, industry or interviewee, and share experience to showcase your knowledge.

Show enthusiasm for new experiences and challenges. Like learning about social media and how it’s being used for business marketing, customer experience enhancement, even political upheaval around the globe. What are other technological advances that are or will have an impact on your target industry or company? Perhaps cloud computing is one. Or nanotechnology. Or perhaps there are new trends that are solving problems or causing new ones. Be curious. Be Open. Be confident.

Be humble. It’s a fine balancing act between being confident and being arrogant. Hiring managers want to know about your achievements and strengths. So take the time to really examine your experiences and identify what makes you the best candidate for an opportunity. This is where your history gives you an edge over youth. Own your accomplishments and embrace your value. It will shine through in your interactions with recruiters and hiring managers. Just don’t cross the line into arrogance. Bragging about “I” “I” I” will ruin your chances. Learn how to share your enthusiasm and successes with humility. Practice it.

Don’t waste time worrying about your age being a hindrance. That’s a defeatist attitude that won’t get you anywhere. Be proud of who you are and what you bring to the table. Put your best foot forward in your attitude and your professional image. You’ll go far.

If you want to know what other steps you can take to overcome ageism in your job search, give us a call.

Overcoming Age by Donna Galatas

Overcoming Age is a post from: Human Resources For Small Business in Dallas Texas

Apply Now: Upload Your Credit Report and Resume

Office Romance: Truth or Dare?

The Galatas Group — Tue, 08 Feb 2011 19:51:34 +0000

With increasing frequency, employees interested in dating are toying with the notion that the optimal place to meet their potential spouse or life partner is at work. And it seems to make sense, considering employees spend a third or more of their time each day at work. Many young professionals are introduced to co-workers with similar interests and ambitions, develop relationships with them, and then wonder whether an office romance is even permitted according to company policy. Oftentimes employees find themselves being as discreet as possible out of fear for how the office romance may be viewed and judged. And other times employees prefer to just be open and straight-forward about it so there is no built-up or lingering gossip in the hallways. (That won’t eliminate the gossip, by the way!) An office romance can be highly risky and poses many legal ramifications for both the employees involved and the company, regardless of whether the relationship ultimately flourishes or severs. Is there a love interest between a manager and a subordinate? Are there feelings of anger and resentment after a break-up? Do the employees let that affect their productivity at work? Does the couple’s involvement make others at the company feel awkward or uncomfortable?

Employee’s Role:
Handle with care. And steer clear of a manager/subordinate relationship. An office romance will always pose potential for a harassment lawsuit, which will usually arise after advances from either a manager or a subordinate, but can also result from unintentional gestures, speech, or looks. Two consenting adults can, of course, decide to continue dating, but one will most likely have to leave the company. A manager/subordinate relationship is usually disallowed so it’s best to keep these relationships strictly professional. Try and separate work life and personal life, and know that engaging in an office romance can have disconcerting results for both employees’ careers and opens the company up to unnecessary liability. The employees should proceed with caution, and handle the situation as professionally as possible to mitigate office drama and more seriously, a lawsuit.

HR’s and Management’s Role:
Human Resources staff and managers have the responsibility to manage these office romance situations and may want to develop a policy based on the company’s culture and applicable harassment and labor laws. It’s important to ensure that all employees are made aware of the company policy and have a manager or a mentor at the company available for questions as they arise. When office romances go sour, Human Resources or management will have to mediate employee disputes and must be well-versed in conflict management. During these sensitive meetings, management will need to be fair-minded and objective when implementing a solution. Sometimes, in extreme scenarios, one individual will be asked to leave the company, and HR or management must ensure that the decision is based on impartial facts and that both employees feel valued by the company. In the absence of any other determining factors, consider putting the decision on the employees’ shoulders and establishing a deadline for them to take action.

Call us:
If your company is experiencing a similar situation, and needs advice on how to handle the inherent risks, give us a call. We at The Galatas Group are well-trained on conflict management and are happy to help your company work through these sensitive employee matters. If your company does not have a fully developed HR department, let us guide you through these tough situations. We’re here to help you navigate your HR landscape.

Office Romance: Truth or Dare? by Suma Sreedharan

Office Romance: Truth or Dare? is a post from: Human Resources For Small Business in Dallas Texas

Inclement Weather: Will I be fired if I can’t get to work?

The Galatas Group — Fri, 04 Feb 2011 18:15:40 +0000

I sit here huddled under blankets and working from home as most of the nation is under severe weather conditions consisting of sleet, snow, tornado warnings, icy roads and closed airports. On such days businesses are faced with a critical question: How do I handle the issue of whether or not to pay employees who can’t make it to the workplace due to the weather? You may wonder—why is that even an issue? If you don’t come to work, you don’t get paid…..Let’s take a look at the employee’s perspective.

My friend was very frustrated this morning to be told by one of the department heads that she should be able to make it in to work because the roads are “not that bad.” Since she lives in a large metropolis area, her commute to work is about 35 miles each way. The roads near the office complex may not be that bad, but in her neighborhood 35 miles to the west, the roads were covered in a sheet of ice and impassable. To be perfectly clear, the airports were shut down. Most schools were closed and multiple businesses and government offices were also closed due to the weather. Officials were telling the news reporters to ask people to stay home and off the roads.

She was so upset because she considers herself a great employee—hardworking, never late, in fact, almost an hour early every day, and seldom absent. The type of work she does is not conducive to working from home, so she doesn’t have that option. When she called to report that she couldn’t get to the office, her supervisor told her it was ok, but since she only had one floating holiday available to her, she would need to use it in order to be paid for the day. In addition, if she were unable to get in the next day, she would be required to take a day without pay.

Seems fairly standard, doesn’t it? Many companies have an inclement weather policy that sets the expectations of employees and businesses for those crazy days when Mother Nature gets grumpy and won’t let some of us get to work. That doesn’t stop employees from worrying that they will be the exception that doesn’t nicely fit within the guidelines and puts their job at risk. Or from feeling that this is one more way they are getting screwed or, at the very least, undervalued by their employer. While a business owner may not be sympathetic to these situations or employee concerns, they might want to take a minute to examine other options and to realize that since these are infrequent occasions, they might be missing an opportunity to promote employee friendly policies that will improve employee engagement and retention while keeping an eye on the bottom line.

So, what are some options businesses can consider? Definitely having a standard inclement weather policy is important. Setting up a communication system to alert employees in the event of late starting times or complete closures for the day is a big step in the right direction. Whether it is:

1) a voicemail message that is updated and employees call in to it for the company’s status,

2) notification to TV stations to broadcast,

3) a personal call from direct managers to inform employees of changes,

or to leverage today’s technology

4) tweeting or updating the status on your company’s facebook page,

make sure everyone knows how to stay in touch.

Consider tying company decisions to local school or government office announcements—if they are closed, perhaps the company should be closed. If there are some employees who live close to the business and are able to get in, but most employees are unable to navigate the roads, consider paying all employees for the day and to be fair to the attending employees, award them with a floating holiday they can use during non-peak operation times. This is an option that carries some expense and should probably only be considered when it will not significantly impact client obligations or when extreme weather or natural disasters result in an official state of emergency being declared.

Just imagine how receptive employees would be to some of these creative options. They will recognize exceptional employee friendly practices and feel positively towards their employer. This will help keep staff focused on being productive and motivated to remain part of the team. It makes good long-term business sense to be employee friendly as much as possible. Above all else, though, employee safety should be priority #1 and expecting staff to drive in hazardous conditions is not an acceptable business decision.

Let us know what other creative options you would like your employer to consider. Then recommend that your manager read this article for great insights.

Inclement Weather: Will I be fired if I can’t get to work? by Donna Galatas

Inclement Weather: Will I be fired if I can’t get to work? is a post from: Human Resources For Small Business in Dallas Texas

Got Milk? Nursing Mothers in The Workplace

The Galatas Group — Thu, 13 Jan 2011 21:22:36 +0000

If you are a nursing mother in the workplace, the U.S. Department of Labor (DOL) expects your employer to provide you with reasonable break time (unpaid) and a private space for expressing breast milk while at work, for one year after a child’s birth.

The frequency of breaks needed to express breast milk varies depends on such factors as the age of the baby. The DOL said it expects nursing mothers typically will need breaks to express milk two to three times during an eight-hour shift. Usually when the baby reaches around six months of age, the frequency of nursing decreases and the need for nursing mothers to take breaks gradually diminishes, it added.

This requirement has been in place in many states for several years. However, The Patient Protection and Affordable Care Act amended the Fair Labor Standards Act (FLSA) for 2011 to add the requirement that employers provide breaks and private locations for nursing mothers. The FLSA is a federal law, which means that now all 50 states are affected and business owners have a new issue to keep in mind when considering the needs of their employees and the associated legal requirements. While this legislation is a boon for nursing mothers who want to continue nursing after returning to work, it definitely presents compliance challenges for employers. There are so many variables that impact how this new law is implemented and managed and the DOL is asking for input from businesses and workers on suggested solutions.

According to Allen Smith, J.D., SHRM’s manager of workplace law content, some of the outstanding issues include the following:

How is “reasonable break time” defined?

Expressing breast milk may generally take about 15 to 20 minutes, but the DOL stated that other factors will determine a reasonable break time, including the time it takes to walk to and from the lactation space and the wait, if any, to use the space, whether there is a sink and running water nearby for an employee to use to wash her hands before pumping and to clean the pump attachments when she is done, and the time it takes for the employee to store her milk in a refrigerator or personal cooler.

The employer must ensure that there is a place at work where the nursing mother can store the pump and insulated food container.

How do you identify a “break space” that is suitably clean and private?

If it is not practicable for an employer to provide a room for nursing mothers, the requirement can be met by creating a space with partitions or curtains. An employer will not be considered to be in compliance if the designated space is so far from the employee’s work area as to make it impractical for the employee to take breaks to express milk, or where the number of nursing employees needing to use the space either prevents an employee from taking breaks or results in prolonged waiting time. The space should have a place for a nursing mother to sit and a flat surface other than the floor on which to place the pump.

Now is your chance to get your opinion in front of the Department of Labor before they issue final guidelines. Whether you are an employer or an employee, the DOL is soliciting comments and suggestions for handling the following challenges:

How can businesses, with limited space available to convert into a designated space to express breast milk, comply?
Should managers’ offices, storage spaces, utility closets and other spaces normally used for other purposes be considered adequate spaces for use by nursing mothers?
How can employers provide adequate break time and space for nursing employees who are not in a fixed place during a work shift, such as drivers, law enforcement officers and emergency medical technicians?
How can employers meet their obligations for nursing mothers who are working at other sites, such as at a client’s worksite? The DOL recommended that an employer arrange with a client to allow the employee to use a space at the client’s site.

As you can see, there are many challenges and questions still to be answered and situations like this highlight the importance of communication in the workplace. It is critical that employers and nursing mother employees communicate openly about this requirement so that necessary compromises can be made by both parties.

We encourage you to send your comments, identified by RIN 1235-ZA00, mailed to Montaniel Navarro, U.S. Department of Labor, 200 Constitution Ave. NW, Room S-3502, Washington, D.C. 20210, or submitted through the Federal eRulemaking Portal at www.regulations.gov. Comments are due by Feb. 22, 2011.

Tell us about your experiences and/or concerns with accommodating nursing mothers in the workplace. What is the most unusual problem you expect to encounter and how will you navigate it?

Acknowledgements go to Allen Smith, J.D., is SHRM’s manager of workplace law content for his contributions to this article.

Got milk? Nursing mothers in the workplace by Donna Galatas

Got Milk? Nursing Mothers in The Workplace is a post from: Human Resources For Small Business in Dallas Texas

The Simple Truth of Service

The Galatas Group — Wed, 22 Dec 2010 23:32:29 +0000

As national unemployment rates hit record highs in 2010, many were able to obtain temporary seasonal positions while some landed their dream jobs. Now that the year is winding down take a minute to reflect on what is going to turn that temporary position into regular employment or get you promoted in the new year. The simple truth is that service excellence is what will set you apart. It doesn’t matter what position you hold or where you are in your career treating others with respect and lending a helping hand through servant leadership will set the stage for your success. While we are embracing the convergence of people, resources and technology, keeping the human touch through great customer service will give you a competitive advantage and make you special.

Take a look at how one individual sets the example for us all.

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Share your best customer service story here and follow us on Twitter @dmgalatas

The Simple Truth of Service is a post from: Human Resources For Small Business in Dallas Texas

What to Do When an Employee Violates Your Social Media Policy

The Galatas Group — Wed, 15 Dec 2010 21:43:22 +0000

Remember Cisco Fatty, a.k.a. the University of California student who — back in early 2009 — posted the infamous tweet about an internship with the software giant?

“Cisco just offered me a job! Now I have to weigh the utility of a fatty paycheck against the daily commute to San Jose and hating the work.”

You already know how this story ends. A Cisco employee discovered the tweet, the offer was rescinded, and a firestorm of publicity ensued. Since this was among the first cases where a status update resulted in the loss of a job, “Cisco Fatty” became a case study/cautionary tale of social media recruitment that will live on in the history books of Web 2.0.

These days, however, status firings have become downright common. From CNN editors and waitresses, to hospital employees and, yes, even pieorogis, it seems no one is immune to being shown the door over a post that doesn’t sit well with their boss. However, despite the increasing number of dismissals related to social media, most have remained internal matters between employers and their staff.

That is, until now.

Guidelines to Help Formulate your Social Media Strategy

In what is bound to become a precedent-setting case in social media policy, the National Labor Relations Board (NLRB) recently stepped in and filed a complaint against an employer who fired a staff member for badmouthing her supervisor on Facebook. According to a New York Times article, the NLRB claimed “the company’s Facebook rule was ‘overly broad’ and improperly limited employees’ rights to discuss working conditions among themselves.”

This is obviously scary territory for employers. On one hand, you have the fear of disgruntled employees doing some serious company brand damage online. On the other, you have the risk of being sued for violating the National Labor Relations Act. Since the legal ramifications of all this have been pretty grey until now, there’s no doubt employers and employees alike will be following the NLRB case very closely.

To obtain some perspective on this issue from a legal perspective, we spoke with Eric Kinder, a Labor and Employment member with Spilman Thomas and Battle PLLC and with Donna Galatas and Jackie Torres from The Galatas Group to weigh in on the human resource standpoint. Here is what they had to say:

1.) Are social media posts considered “free speech”?

Kinder: “Free speech” in the employment setting is a loaded term. Private employers don’t have First Amendment concerns in that there is no constitutional duty from them to allow or tolerate “free speech,” but they do have to consider the National Labor Relations Act and various state laws that prohibit employers from disciplining employees for off-duty conduct.

While many of the off-duty conduct laws were drafted to address an employee’s use of tobacco off the worksite, many of them are written broadly enough to encompass use of social media, blogging, or other online activities. In addition, the NLRA protects an employee’s right to engage in “concerted activities” regarding the terms and conditions of employment.

Many online activities, especially something like a Facebook post regarding wages or working conditions that is shared with co-workers, are forms of “concerted activity” that are protected under the law until it reaches the point of being “disloyal” to the employer. “Disloyal” can be complicated to define, but it distinguishes between comments that are merely complaining about work from ones that actively seek to reduce business by driving customers away.

Galatas /Torres: We strongly believe that social media posts should be considered “free speech,” however, there are certain aspects of social media use that should be considered within the scope of an employers’ control.

Employers should consider participating in appropriate social media venues and should put in place a social media policy to supplement an internet use policy. A few examples of specific issues which should be addressed include: clarifying infringements on company confidential information and intellectual property rights, slanderous or libelous statements that cannot be supported by evidence and are detrimental to the business, and failing to state that comments made are personal opinion and not made on behalf of the company.

2.) When can an employer legally terminate an employee for their online behavior?

Kinder: This will vary from state to state, as more states are passing all-encompassing “off duty conduct” laws that prohibit, at least potentially, an employer’s ability to discipline an employee for online actions. That does not mean employers are without any mechanism for regulating an employee’s online activity.

First, an employer has the right to discipline employees for their online behavior during working hours; an employee is at work to do work, not to send Twitter updates, post on Facebook or maintain a blog. The one caveat to this rule is that employers must be consistent in enforcing this social media policy; an employer cannot discipline employees when they make negative comments about the company, but ignore other non-work related activity while an employee is on the clock.

Second, an employer can, and must, intervene when an employee’s online actions are placing the employer at legal risk — such as betraying confidential information, or violating the Federal Trade Commission’s rules on endorsements of the company’s products, or threatening or harassing a co-worker. Third, employers can act when an employee has crossed a line and acted disloyally. Complaining about your boss or your pay isn’t disloyal; telling people that the hospital where you work is unsafe would be disloyal – though if there are real safety concerns raised, the employer needs to address them.

3.) Can an employer legally examine a candidate’s social media presence as part of the recruitment process?

Kinder: The concern about recruiting with social media is primarily one of allowing improper information (such as race, religious beliefs, sexual orientation, etc.) to “taint” the selection process. In addition to including numerous pictures — which will reveal a candidate’s age, sex and race — social media sites allow and encourage individuals to proclaim their religious and political beliefs. Once an employer reviews the website, it will be charged with knowledge of all this information that should not be included in the hiring process.

My general advice to employers is not to review a candidate’s social media presence before selecting the individuals to interview, so that the interview selection is devoid of or blind to any improper information. No matter what, any employer that plans to review any candidate’s social media should obtain the candidate’s written consent to conduct searches of all internet and social media websites, preferably as part of the release in the employer’s application.

4.) How should an employer prevent a legal situation around social media policy from occurring in the first place?

Galatas /Torres: It’s very simple. Educate and communicate policy and expectations to staff using several different methods and venues. In addition, an employer should welcome all feedback from employees, both positive and negative, and use the information to increase employee engagement and employee retention and company advocates, to help address employee concerns that otherwise might not surface, and transform the organization into an employer of choice.

Kinder: It seems when it comes to social media, the best defense is still a good offense. So if you don’t have a policy in place or one that is about blocking social media in the workplace, now is the time to a social media policy. That said, the NLRB case is proof that, even with “air-tight” social media guidelines, employers are still vulnerable to complaints and — worst case scenario — lawsuits. So the bottom line here is to use this advice as a starting point to understand how you should (and should not) be using social media as an employer.

Legal Disclaimer: None of the information provided herein constitutes legal advice on behalf of Monster.

Author Bio
Emily Bennington is coauthor of Effective Immediately: How to Fit In, Stand Out, and Move Up at Your First Real Job (Ten Speed Press, 2010). She is a frequent speaker to students and organizations on the topic of career success and the host of Professional Studio 365, a popular blog for new grads transitioning from classroom to boardroom. Emily can be reached at ebennington@msn.com or on Twitter.

What to Do When an Employee Violates Your Social Media Policy, by Emily Bennington, Monster Contributing Writer

What to Do When an Employee Violates Your Social Media Policy is a post from: Human Resources For Small Business in Dallas Texas

Determining What it Means to be Ethical

The Galatas Group — Sun, 12 Dec 2010 21:25:37 +0000

The first thing a team leader should do is clearly lay out to everyone what the standards of ethical behavior are. Then, it’s important to begin an open discussion with the team members about what exactly it means to say you will work and behave ethically. One expert recommends that while determining what it means to be ethical, you should also use team agreements. These agreements make statements about what members promise they will and will not do in regards to other team members.

Determining What it Means to be Ethical by Dilbert Cartoon

Determining What it Means to be Ethical is a post from: Human Resources For Small Business in Dallas Texas

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