Avoiding the "D" word: Downsizing!

Video/Podcast Resumes

There is an increasing fervor around video/podcast resumes.  Of course, I have my two cents…

I regularly advise my clients, whether job seekers or hiring companies, to avoid pictures, videos, podcasts, and the like.  Let’s look at it from these two different perspectives.

Job Seekers:  When you opt for a visual format for your resume or decide to attach a picture, you are asking the hiring manager to make a judgment based on your appearance alone.  You’re hoping he will see the professional demeanor, hear the timbre of your voice, and then decide that you are the greatest thing since the microchip.  That’s not going to happen.  At best, the hiring manager will view your document and decide to call you in because your picture enhances your candidacy.  (It’s more likely that you’ll get a call because he/she is sexually attracted, and that’s a dangerous place to be.)  At worst, you’ll get rejected because you remind the reader of a disliked relative.  In fact HR advises hiring managers not to view resumes with pictures, so the chances are good that your visual c.v. will end up in a trash file.

Hiring Companies:  Opening a resume with a picture or a podcast from an applicant places you in the unenviable (and legally dangerous) position of knowing the gender, approximate age, and race of your candidate, and you jeopardize your ability to claim that you rejected the resume solely on its lack of merit.  Make it a firm policy to delete such submissions and you’ll save yourself untold legal fees and headaches.

Be sure to contact me for more information: 973-256-3757 or via email at ed@FullSpectrumHR.com.

A Few Small Words, But Big Legal Problems

While most of us were either sleeping or partying on January 1st of 2009, a new law went into effect that dramatically increases your chance of getting hit with a very expensive lawsuit.

The American with Disabilities Act (ADA) dictated to employers that it was illegal to discriminate against an employee or candidate because they had a disability.  

The ADA Amendments Act (ADAAA), which became law at 12:01 AM on New Year’s day, did away with a few specific and critical words previously in the ADA.  Previously, a disability had to be “substantially limiting” of “major life activities” before the courts would consider it a true disability, and therefore worthy of protection under the ADA.  Now, the standard for ADA classification is much lower.  

There are other changes as well.   The ADAAA’s definition of “major life activity” is substantially broader than that of the old act.  In short, this means that there are more opportunities to get sued.  And the change came during a tough economy, an historic hotbed for increased employment litigation. 

The answer?  Just like sexual harassment and discrimination prevention training, include ADAAA training on your annual list of “must dos”.   With a little creativity, you can make it a short affair that employees actually enjoy and learn from.  Be sure to contact me for more information: 973-256-3757 or ed@FullSpectrumHR.com.  The web site is http://www.FullSpectrumHR.com.

Danger: Beware of EFCA!

There was once a time when the National Labor Relations Board (NLRB) required a fair and confidential election before allowing a union to represent your employees.  Soon these elections will be a relic of the past.

While still a senator, President Obama co-sponsored a bill (Employee Free Choice Act, or EFCA) allowing unions to claim victory simply by getting employees to sign a card requesting representation.  And he has promised to sign it into law now that he's in the White House.

Currently, a union must obtain signed cards from 30% of the employee body to demand an election. EFCA will change that.  Soon, they will need nothing more than signatures from 50% plus one employees.  Once obtained, unionization is mandatory and your employees do not have the ability to vote in a free and confidential election.

Unionized organizations historically struggle to maintain a reasonable bottom line.  Union contracts promote mediocrity in performance, limit a business owner’s right to manage the company, and add expensive bureaucracy to daily business practices.

Unions notoriously use lies and strong arm tactics to get these cards signed.  Employees would traditionally sign them to get the requesting representative to stop bothering them, and then vote against the union in secret ballot.  But with the removal of the secret ballot proposed by EFCA, unionization is just a few signatures away.

The best way to avoid unionization is to become your employee’s best advocate. Learn to trust them and help them trust you.  But this is easier said than done.  I began my HR career by fighting unions, so I know that the employee’s attempt to organize is usually in response to management that does not have insight.  It is, I believe, an organizational temper tantrum.

When It's Tough to Find the Right Person

There are several reasons that employers are having difficulty finding the right employees to meet their needs, even in this, a buyer’s market.  First, we are in the first stages of a severe worker shortage that the HR industry has been worrying about for some time now.  As the baby boomers begin to retire, they will leave gaps in service that this country is numerically unable to fill.  (The baby-boomers were of the “zero population” age and produced far fewer children than did their parents.)  We’re already seeing the effects, and many businesses reluctantly hire younger, less experienced, and less mature replacements.

As well, there are numerous people who do not design jobs appropriately, and that reflects in their job postings.  Frequently unclear, they often do not represent the type of candidate the company really needs.  It’s not uncommon for a new client to describe a  job to me and then show me a completely inadequate – and thus far ineffective – job posting.  I break down the requirements for them, and recommend that they list first a general description of the job, and then have a list of “must haves” and a list of “nice to haves”.  If a candidate is missing one item on the “must have” list, we drop him from consideration.  Both lists must be reasonable.

I’ve found that a lot of employers do not source well, either.  Most jobs in this country, regardless of the economic state du jour, are gotten by networking.  Savvy employers (and all of my clients) network with potential candidates whether they are hiring or not.  You should not wait until you’re dying of thirst before you begin to dig a well. 

For more information, please visit http://www.FullSpectrumHR.com

Before You Replace an Employee

Remember that each person has a profound effect on the day-to-day course of his job.  When you replace someone (for whatever reason) be sure to examine the job as the rest of the company currently perceives it.  Perhaps the exiting employee added something that’s now critical, or deleted something that the others still need.  Write a comprehensive job description.  When you write your posting for the job boards, break it down into the following headings:

Overall Job Description: No more than 5 sentences giving a high level overview of the job.

“Must have” skills and experience: if any of these are missing from the resume, discard it.

“Nice to have” skills and experience: those that will enhance the minimally qualified candidate.

About the company:  A description of the company and why applicants should consider you.

In Return: As much info as possible about compensation.  Contrary to popular belief, there’s nothing wrong with listing a salary, but that’s your decision.

Danger! EFCA is approaching fast!

There was once a time when the National Labor Relations Board (NLRB) required a fair and confidential election before allowing a union to represent your employees.  Soon these elections will be a relic of the past.

President-Elect Obama co-sponsored a bill allowing unions to claim victory simply by getting employees to sign a card requesting representation.  And he has promised to sign it into law once he gets into the White House.

Currently, a union must obtain signed cards from 30% of the employee body to demand an election.  EFCA will change that.  Soon, they will need nothing more than signatures from 50% plus one employees.  Once obtained, unionization is mandatory and your employees do not have the ability to vote in a free and confidential election.

Unionized organizations historically struggle to maintain a reasonable bottom line.  Union contracts promote mediocrity in performance, limit a business owner’s right to manage the company, and add expensive bureaucracy to daily business practices.

Unions notoriously use lies and strong arm tactics to get these cards signed.  Employees would traditionally sign them to get the requesting representative to stop bothering them, and then vote against the union in secret ballot.  But with the removal of the secret ballot proposed by EFCA, unionization is just a few signatures away.

The best way to avoid unionization is to become your employee’s best advocate. Learn to trust them and help them trust you.  But this is easier said than done.  I began my HR career by fighting unions, so I know that the employee’s attempt to organize is usually in response to management that does not have insight.  It is, I believe, an organizational temper tantrum.

It’s easiest - and now imperative - to fight unionization before your employees start to talk about it.  Be sure to contact me for more information: 973-256-3757.

View my blog, http://blog.fullspectrumhr.com, or visit my website, www.fullspectrumhr.com for more information.