Posted on February 25, 2011 by Marylee Abrams

Solving the Labor Dispute in Wisconsin

After a week of protests in Madison, Wisconsin, the labor dispute appears to be feverishly ratcheting up and the parties are becoming more entrenched in their positions. Two days ago, a reporter made a prank phone call to Governor Walker, impersonating a multi-millionaire political backer. The Governor was duped, and the unflattering recording of the Governor went viral. Meanwhile, the 14 absent Democratic Senators whereabouts are still unknown, and the Governor is threatening to lay-off 1,500 state workers if the missing legislators don’t return to the state capitol. The capitol rotunda has been turned into a campground, housing a variety of labor supporters. Unaffected labor groups like the Firefighter Association, are even joining the crowd of vocal protesters by staging a sleep-in. The House just voted 51-17 in favor of limiting collective bargaining rights as proposed by the Governor, and the bill will proceed to the Senate. Neither side is showing signs of blinking, intensifying the stare-down in Wisconsin.

Labor disputes seldom are resolved when the parties point fingers of blame at each other. Nor are they resolved by arguing over how the dispute began or by regurgitating the facts. When that occurs, no one is compelled to change or work toward a resolution. Labor disputes can only be resolved through communication, and in Wisconsin neither side appears willing to take that step.

No one is disputing the State of Wisconsin is facing a dire financial crisis, nor is anyone disputing the fact public employee wages and benefits are a disproportionately large budget item, contributing to the crisis. According to a recent 60 Minutes report, the rising cost of public employee benefits will bankrupt cities and states across the country. Economists are predicting the next to fall after the recent banking and financial melt-down, followed by the housing and mortgage crisis, is the failure of our cities, counties, and state governments.

Wisconsin is a wake-up call for both labor and management. There is a new normal, in the wake of the economic catastrophe of 2008. It is safe to predict there will be no federal bail-out offered to cities, counties, or states. Therefore, labor and management have to focus on fixing the financial problems themselves. This can only be accomplished through some belt-tightening, communication, and re-inventing new ways to problem solve. While circus antics, protests, and stonewalling attracts the media, they will not fix the financial problems faced by state and local governments today.

 

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Posted on February 16, 2011 by Tiffany Schmidt

Lack of A Background Check May Leave An Employer Liable For Negligent Hiring.

You’re a retail employer. You have a job opening for a clerk and you place an ad in the local paper for the position. You receive applications from a dozen potential employees. You interview several prospective employees. One applicant honestly shares with you he had a problem in Illinois with a girlfriend, but had served his time. You believe in second chances and hire the applicant without doing a background check. What is your liability to customers if this new employee attacks one of them?

An employer in New Prague, Minnesota is dealing with this issue right now. Last summer, a 15 year old girl was raped by a convicted sex offender who was employed at the local Radio Shack. The family of the girl is now considering legal action against Radio Shack.

Minnesota state law does not generally require private employers to perform background checks. My law partner, Marylee Abrams has blogged in the past about considerations to look at before doing a background check. To avoid discrimination concerns, employers should require background checks on a consistent basis instead of “picking and choosing” when do to do them. In Minnesota, you can access public data online at the Bureau of Criminal Apprehension website for Minnesota criminal convictions within 15 years following the completion of the sentence.  Pursuant to Minnesota Statute § 13.87, subd. 3(f), if you intend to access the BCA website to obtain information regarding an applicant for employment you must notify the applicant that a background check using the BCA website is being conducted.

It is important for employers to ask the right questions when hiring prospective employees. Do background checks consistently and especially for safety-sensitive positions. Lastly, don’t forget to ask candidates for references and then following up by contacting those references.

 

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Posted on February 8, 2011 by Marylee Abrams

Employee Performance Evaluations: The Do's and Dont's

Overrating an employee’s performance creates a Lake Wobegon effect in the workplace. Famed fellow Minnesotan, Garrison Keillor, begins his radio monologue on Prairie Home Companion with, “Welcome to Lake Wobegon, where all the women are strong, all the men are good-looking, and all the children are above average.” It is cute and very Minnesotan, and it works for a funny radio show; it does not serve employers well when conducting performance evaluations.

Some employers avoid performance evaluations altogether, deeming them unnecessary. If they are conducted, there is a tendency for employers to over-inflate the employee's performance, resulting in an inaccurate representation of the employee's strengths and accomplishments.  Inflating performance evaluations doesn’t give any guidance to the employee, or help document weaknesses. They are not constructive and are essentially a waste of time.The goal should be to create an accurate reflection of each employee's contributions to the workplace. 

Conducting accurate employee performance evaluations is critical for employers. It provides valuable feed-back to employees so they can change behaviors to meet the expectations of their employer. It also serves as valuable documentation for employers to support possible future disciplinary decisions, including termination from employment.  Many on-line resources exist that can help employers to conduct effective employee evaluations. The goal should be to create an accurate reflection of each employee's work performance.

Do:
• An evaluation on a regular basis. (Annually at least.)
• Accurately capture the good, the bad, and the ugly.
• Write in clear and concise language.
• Give the employee a copy.
• Include goals for the coming year.

Don’t:
• Inflate an employee’s work performance.
• Just focus on the bad things.
• Be general, instead make sure you include specific examples of behaviors.

Remember use the evaluation process as an opportunity to have a meaningful dialogue with an employee. The goal is to encourage productivity and improve employee performance, or in the alternative to document that adequate notice and opportunity was provided to the employee, to support discipline should the employee fail to make the necessary changes.


 

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