Provisional Staffing Services

Provisional Blog

Employment Law: How You Could Be Held Liable if a Manager Lies

May 24th, 2011

In the recent 2011 case, Staub v. Proctor Hospital, the U.S. Supreme Court ruled that the ultimate decision maker, even if completely unbiased, is not safe in employment discrimination cases when the claimant can establish that a lower-level manager demonstrated discrimination.

In this particular case, two managers did not like one of their employees, Vincent Staub, because Staub was in the Army Reserves and as a result, he was absent from work one weekend a month and a few weeks out of the year. Rather than firing him, the managers decided to make working conditions so difficult that Staub couldn’t possibly live up to expectations.

The managers then handed the case to a hospital HR representative who reviewed it and, not knowing about the bias of the two managers or how they had conspired, fired Staub. Even though the HR representative acted in a good faith, Proctor Hospital was still found liable by the U.S. Supreme Court. (This has come to be known as the “cat’s paw” theory. The name of the theory refers to a 17th century French tale in which a monkey persuades a cat to reach into a fire to grab chestnuts. The monkey gets the chestnuts, while the cat gets a burned paw.)

In fact, the Court unanimously ruled that employers can be held liable for decisions that are at least made in part due to the influence of a manger or supervisor with discriminatory motives – even when the final decision maker is essentially used as a pawn. So even though, in the Staub case, there was no evidence that the HR representative had any ill feelings towards Staub or even knew how Staub’s managers felt, the Illinois hospital was still found liable for discrimination.

Clearly, HR and employment law can get complex. If you’re looking for some guidance and clarity, please contact Provisional. As a Northwest employment firm, we can offer you the HR and employment information you need to run your business efficiently and in compliance with complicated federal, state, and local employment laws. Please contact us today to learn more.

From Support Role to Manager: 6 Tips for Making the Switch

January 11th, 2011

Landing a promotion to a management position is a major achievement. But transitioning into your new role may not be as easy as you think. As a Northwest employment firm, we know that not only are you under more pressure to perform, but the hard skills you relied on to get there aren’t necessarily the same skills you’ll need to be a good manager. In fact, a lot of your success will come down to people – i.e. how well you build relationships with the employees on your team, as well as with other company staff and leaders. So what can you do to make a smooth transition? Here are 6 tips:

Tip #1. Tap into the power of HR.

If your company has an HR department, then now’s the time to utilize its resources. Get to know the people in the department and ask for their help. Many companies have training programs and other resources that they offer to new managers, and your HR department will be able to give you the information you need.

In addition, you’ll want to make sure you’re well-versed in company HR policy. For instance, if you’re managing a problem employee, what should you do? How should you document the issue and when should you notify HR? These are the kinds of situations you will run into as a manager and it’s best to be prepared before they happen.

Tip #2. Meet with your employees.

Set up private meetings with each of your employees to get to know them better. Learn about who they are, what they do, and what makes them tick. Everyone is different and what motivates one person, won’t work for another. This is also a good time to talk about career goals and obstacles. Ask your employees about challenges they’re facing in their current roles and discuss what you can do to help them along the way.

Tip #3. Get to know your manager.

Likewise, it’s important that you get to know your manager and how he or she communicates. For instance, does your manager like progress reports emailed once a week, or does he or she want to get together in person once a month?

Tip #4. Give praise often.

Praise is probably one of the most under-utilized ways to motivate people. When one of your team members goes above and beyond to deliver, let them know you appreciate their effort. Send them an email or a hand-written note, or simply stop by their desk to offer your thanks in person. Also, know the difference between praise and flattery.

Tip #5. Tackle issues immediately.

If you run into a problem with an employee, deal with it immediately. Don’t procrastinate. Meet with the person in private to discuss the matter. Also, make sure you follow HR protocol when dealing with performance problems.

Tip #6. Review your plan daily.

You should be reviewing your plans and projects on a daily basis, not monthly or quarterly. Make sure your employees are on task and that projects are on time and on budget.

And if you’re looking for a management job in the Northwest, please contact Provisional. As a Northwest employment firm, we’ve placed over 6,000 direct-hire professionals with area companies since 1994.

The Essentials of Team Building

February 2nd, 2010

The team that you build will play a huge role in the success or failure of your organization. So how can you go about developing a team that will yield positive results? As one of the Northwest’s leading employment firms, Provisional can offer you the following tips and insight to get you started.

Evaluate your current team.

To improve success, first you have to measure the current effectiveness of your team. This will serve as a benchmark for the development of the team. There are two ways to do this:

• Ask members of your team what they think the team’s strengths and weaknesses are.

OR

• If you want to maintain confidentiality, then have team members anonymously complete a worksheet evaluating the team.

Imagine your vision for a successful team.

Use your imagination to envision the most successful and cohesive team. Think about factors such as the team’s priorities and desired results, as well as your own priorities and desired results. Then schedule a time to meet with your team members to allow them to brainstorm their vision of the most successful team.

Create a plan of action.

Your action plan breaks down your vision into a list of your goals and how you will go about achieving those goals. Keep in mind that the goals and actions on this list need to be specific, measurable, and attainable.

Make sure you’re communicating your plan clearly.

Not everyone receives information the same way. Just because one way works for you, doesn’t necessarily mean it will work for your entire team. Some people hear information better, while others are more visual and have to see it. So be sure to use a variety of methods when communicating with your team. Also, ask for feedback from your team members on how you communicate.

Follow up on your plan.

Remind your team members of the vision you see for your team and check in with them frequently about their progress achieving that vision. Also, if a certain part of your action plan isn’t working out, then be open to evaluating it and working with your team to understand why it’s not working and how you can make modifications.

Team building takes some time and energy. But by investing those resources, you can help take your team to the next level.

If you’re looking to add members to your team, Provisional can help. As a staffing firm serving the Northwest, we can help you find and retain high quality employees that will become productive members of your team. Contact us today to learn more.

: : RESOURCE CENTER
Privacy Statement