Do

Do ensure that the interview facility is accessible to people with disabilities.
Do inform the applicant of any special parking available.
Do allow the applicant at least a full day to prepare for your interview.
Do identify the essential functions of the job.
Do make eye contact with the person.
Do talk directly to the person with the disability–not to an interpreter.
Do, after the initial greeting, sit down so that a person who uses a wheelchair can easily make eye contact.
Do ask about the person’s ability to perform the job.

Don’t

Don’t assume the person is able to shake your hand in greeting.
Don’t lean on an applicant’s wheelchair.
Don’t shout or raise your voice to a person who is hearing impaired.
Don’t touch or talk to a seeing-eyed dog.
Don’t ask about a person’s disability history.
Don’t ask about prior workers’ compensation claims.
Don’t ask how the person became disabled.
Don’t ask how a person is going to get to work. Posted on August 22, 2008 by Kevin Gramian at Optimum Outsourcing, LLC.

1.  POLICY

In order to convey an image of efficiency and professionalism, all office areas should be kept neat and orderly.

2.  PROVISIONS

    a.  Work areas should be kept as neat as possible during the regular work day and should be straightened prior to leaving at the end of the work day.

    b.  Any picture or item hung directly on the walls of the building must be approved in advance by the Director, Administrative Services.

    c.  Posters, pictures, notes, etc. are not permitted on the outside of workstation panels.

    d.  Posters, pictures, notes, etc. are permitted on the inside of workstation panels as long as they are tasteful, professional, and do not offend other employees.

    e.  Work-related materials are not permitted on the tops of workstation cabinets. This area should remain clear or be tastefully decorated with plants or other appropriate decorations.

    f.  Boxes and other storage items should remain out of sight within a workstation or placed in other appropriate onsite or offsite storage areas.

    g.  All blinds should remain lowered at all times and outside doors and windows should remain closed when the heating and cooling system is working properly.

    h.  Employees should leave public areas, such as the reprographic areas, coffee stations, conference rooms, restrooms and kitchens in a clean and orderly condition for guests and other employees. Posted on July 14, 2008 by Kevin Gramian at Optimum Outsourcing.

If Disaster Strikes

• Remain calm and be patient.
• Follow the advice of local emergency officials.
• Listen to your radio or television for news and instructions.
• If the disaster occurs near you, check for injuries. Give first aid and get help for seriously injured people.
• If the disaster occurs near your home while you are there, check for damage using a flashlight. Do not light matches or candles or turn on electrical switches. Check for fires, fire hazards and other household hazards. Sniff for gas leaks, starting at the water heater. If you smell gas or suspect a leak, turn off the main gas valve, open windows, and get everyone outside quickly.
• Shut off any other damaged utilities.
• Confine or secure your pets.
• Call your family contact—do not use the telephone again unless it is a life-threatening emergency.
• Check on your neighbors, especially those who are elderly or disabled.

A Word on What Could Happen
As we learned from the events of September 11, 2001, the following things can happen after a terrorist attack:

• There can be significant numbers of casualties and/or damage to buildings and the infrastructure. So employers need up-to-date information about any medical needs you may have and on how to contact your designated beneficiaries.
• Heavy law enforcement involvement at local, state and federal levels follows a terrorist attack due to the event’s criminal nature.
• Health and mental health resources in the affected communities can be strained to their limits, maybe even overwhelmed.
• Extensive media coverage, strong public fear and international implications and consequences can continue for a prolonged period.
• Workplaces and schools may be closed, and there may be restrictions on domestic and international travel.
• You and your family or household may have to evacuate an area, avoiding roads blocked for your safety.
• Clean-up may take many months. Posted June 10, 2008 by Kevin Gramian at Optimum Outsourcing.

The Bonus Plan of [Name of Company] is designed to provide incentive compensation for all eligible employees. To be eligible for the bonus payment, an employee must have been employed as of July 1, have a satisfactory year-end performance rating and must be employed as of December 31 of the bonus plan year.

The amount of the bonus pool is based on year-end company profit. Each eligible employee’s bonus is computed as a percentage of wages or base salary received as of year-end. Bonus payments will be made no later than March 31 of the following year. The payment will be taxed at the flat IRS rate plus applicable state rates for bonus payments.

The Bonus Plan is provided at the discretion of [Name of Company]. [Name of Company] reserves the right to administer, modify or terminate the Plan with or without notice to the employees. Posted May 23, 2008 by Kevin Gramian at Optimum Outsourcing.

During employee’s first month: • Review organization’s goals/mission• Discuss department goals• Establish individual goals and action steps.• Discuss expectations of quality and quantity of work, interpersonal skills, reliability and other performance factors typically reviewed. After first three months: • Review individual goals and action steps.• Review employee performance to date either formally or informally• Discuss formal performance evaluation process. On a daily basis: • Note specific, job-related behaviors which are both positive and negative and keep for future reference.• Immediately provide feedback on areas for improvement as problems occur.• Openly praise positive behavior and good performance. • Offer opportunities to discuss performance as issues arise. Posted May 19, 2008 by Kevin Gramian at Optimum Outsourcing.

The decision to terminate an employee can raise many legal issues. The following items are designed to help an employer determine whether the termination is likely to lead to litigation. While there is no way to guarantee an employee won’t sue, reviewing the following can alert the employer to potential legal problems. Consider Company Policies and Documents Review the company’s Employee Handbook for policies which may limit the employer’s right to terminate. Is there a written employment contract or a union contract? If so, what limits does it place on the employer’s right to terminate the employee? If the company has a policy of progressive discipline, was this policy followed? • If so, was the process of progressive discipline well documented? Documentation of the progressive discipline is important evidence should a legal claim arise. • If not, can the company show a valid reason for its failure to follow its own policy? For example, an employer might terminate a violent employee without warnings or suspensions in order to protect other employees from harm. Consider Oral or Implied Contracts of Employment Will this termination breach an oral contract of employment? • An oral contract may have been created if the employee was told her job was secure, or that she would always have a job if she did a good job, or some other similar guarantee of employment. • An oral contract can be created by anyone in the company with authority over the employee. This means that the company may be held to a supervisor’s promise to an employee of secure employment, even if the supervisor did not have the company’s authorization to make such a promise. Will this termination breach an implied contract of employment? An implied contract of employment may have been created by a combination of these factors: • Long-term employment (although there is no specific number of years considered “long term,” many attorneys use five years as a guideline) • Promotions • Commendations • Lack of criticism of the employee’s performance • Other indicators of job security Consider State/Federal Laws Protecting Employees Americans with Disabilities Act • Is the employee physically or mentally disabled? • If so, were attempts made to reasonably accommodate the employee’s disability? • Were reasonable accommodation measures well documented? Title VII / California’s Fair Employment and Housing Act • Is the employee being treated in the same manner as other employees in similar situations? • Have other employees been given more chances before being terminated for the same or similar reasons as this employee? • If so, are there legitimate, non-discriminatory reasons for treating this employee differently than other employees? Is the employee pregnant? Employees are entitled to four months off for pregnancy-related disabilities. Has the employee filed a workers’ compensation claim? Terminating an employee who has filed a claim, intends to file a claim, or has testified in a worker’s compensation hearing could be considered workers’ compensation discrimination. Has the employee reported any illegal activity of the company to a state or federal agency? Even if the company is not in fact acting illegally, the termination could be seen as retaliation for “whistle-blowing” (protection for employees who report their employers to government agencies for alleged violations of state and/or federal law). Has the employee participated in any official investigation of the employer (i.e., wage or safety violation) or testified against the employer in an unemployment insurance or other hearing? Is the termination in retaliation for the employee’s exercise of protected personal rights, such as freedom of speech or political activity? Review Documentation Review the employee’s personnel file. • Is there sufficient documentation in the file to substantiate your reasons for termination? Examples include written warnings, performance reviews and attendance records. • Is there anything in the file that might be evidence of an illegal termination? For example, a supervisor may have written a warning notice to the employee that her pregnancy was causing her to be absent too often. Review personnel files for other employees who have similar problems. This comparison can point out potential discrimination issues. For example, could a female employee being terminated for attendance problems show that a male employee had the same number of absences but was not terminated? Consider the Employee’s Eligibility for Unemployment Insurance A terminated employee may be eligible for unemployment insurance unless the termination is for refusal to perform suitable work or for misconduct. Mere inability to perform the duties of the job is not considered misconduct. Consider Legal Ramifications of Not Terminating the Employee Failing to terminate an employee who has been violent or threatened violence could result in harm to other employees and lead to employer liability. Termination of an employee who has sexually harassed other employees may be necessary to fulfill an employer’s legal obligations under sexual harassment laws. Posted May 16, 2008 by Kevin Gramian at Optimum Outsourcing.

Counseling the Employee - Do’s and Don’ts • Do not reprimand employees in the presence of others or in a public place.• Determine the appropriate time and place for a disciplinary meeting.• Investigate an incident or infraction thoroughly regardless of how the situation appears at first glance.• Allow the employee a chance to respond and explain the infraction.• Disciplinary actions should always be documented in detail. The documentation should include:o who, what, when, where, and how o the effect of the conduct as it relates to performance, job related behavior or company interest.o what action will be taken because of the incident.o what action will be taken in the future if another infraction occurs.o the employee’s recourse (if any) if he/she is in disagreement with the action • Evaluate the objectiveness of the disciplinary action. • Evaluate the legal issues surrounding the disciplinary action.• Allow a third person to review the facts and proposed discipline.• Present the disciplinary action in a slow calm manner.• Listen critically and take notes.• Conclude the discussion and determine what will happen from that point.• Monitor the employee’s performance and progress. Posted May 12, 2008 by Kevin Gramian at Optimum Outsourcing.

On occasion, an employee’s performance may be impacted by absenteeism, a single incident (such as reported sexual harassment) or poor interpersonal relationships on the job). Corrective actions may range from simply counseling the employee to formal disciplinary procedures. Consider: • What are the facts surrounding the episode?• How serious is the infraction?• Was the employee informed of the work rules in advance?• Has there been adequate warning about the inappropriate behavior?• Have there been similar discipline problems in the past by this employee?• Has the employee been made aware of the consequences of this behavior?• Does the employee’s behavior hamper the day-to-day operation of the organization?• What has the history of the employee been with your organization? Has he/she been an otherwise satisfactory employee, or have there been previous documented problems or infractions of company rules?• Have you allowed the employee to tell his or her account of the infraction? (Take clear notes).• Has the employee been provoked in any manner?• Have you thoroughly investigated the issue or infraction?• Have you obtained enough evidence to prove that the employee displayed inappropriate behavior or violated the company’s policies or rules?• Has the investigation been fair and objective?• Has the investigation been timely?• Has your organization enforced rules and production standards consistently?• Have you remained uninvolved emotionally during this process?• Has the employee been referred to an Employee Assistance Program, if appropriate?• Does the discipline under consideration fit the infraction?• Is the employee aware of appeal procedures? Posted May 7, 2008 by Kevin Gramian

Hiring the right people is always tough, especially when you have never hired for a particular position before. It’s always a good idea to have a solid game plan when interviewing. Adding the wrong persons to your team can be extremely painful and wasteful of your organizations resources. Below are great pre-interview items that you should be prepared with in order to conduct the best possible interview.• Familiarize yourself with the duties and requirements of the job you are filling.• Have applicant fill out complete application.• Make sure you can answer general questions about the company and the benefits provided.• Formulate questions that will focus on job-related aspects such as asking about situations that may have occurred in previous positions (see reference form for ideas).• Focus on the essential requirements of the job. • Avoid personal questions unrelated to the essential requirements of the job.• Write down and organize the questions in the order you will be asking them.• Review applicant’s resume and/or application. Posted April 28, 2008 by Kevin Gramian at Optimum Outsourcing.