Remembering September 11: Lessons in Crisis Management


National_Park_Service_9-11_Statue_of_Liberty_and_WTCI’ve written several posts about crisis management, so it surprised me to realize that in over five years of blogging, I’ve never written about my experience on September 11, 2011. I’ve barely mentioned that date at all, even though the heartbreaking day not only shook me personally but provided a huge opportunity for learning as an HR executive.

I lived and worked in the Central Time Zone at the time, an hour behind the East Coast. I was in an early meeting with other members of the Human Resources staff in my company that Tuesday morning. Shortly after we started the meeting, an administrative assistant came into the room to tell us that an airplane had struck the World Trade Center. We acknowledged the tragedy, but continued our meeting. Then a few minutes later, she reported that another plane had struck the other tower. At that point, it was clear that the collisions were intentional—the U.S. had been struck by terrorists. We stopped our meeting, and those of us on the company’s crisis management team, including myself, gathered to determine the impact on our company.

It might seem that a corporation a thousand miles away from the attacks should not have any issues, but our multinational company had locations around the U.S., including on the East Coast. We had employees traveling on business. We had thousands of employees throughout the nation concerned about family and friends near the affected sites. And everyone, of course, was fearful of another strike.

Through the course of that day, we worked on the following issues:

— We immediately began providing the best information we could to employees. For the first time ever, we allowed the intra-company communications monitors at each major location to broadcast national news, rather than static screens of company news. A few departments had televisions going all day long, but we wanted employees working in departments without televisions (i.e., most employees) to have ready access to information as well. Yes, productivity suffered, but it would have anyway, and making the information easily accessible was one way to show employees we cared about their concerns.

— Our Travel Department searched the travel records of all employees away on business and contacted them to determine if they were safe (they were). Because all flights in the U.S. were canceled for the next few days, we also started making alternative arrangements get those employees home. In many cases, we had to authorize one-way rental cars from the coasts to get people home. These were expensive trips, but we knew the most important thing was getting employees back to their families during this national crisis.

— We also assisted vendor and customer representatives on our sites to make arrangements to return to their homes also.

— We prepared a video message for our CEO to deliver to all employees. By midafternoon on September 11, our communications experts had recorded our CEO in a video that we put on our monitors and on the company intranet site. The CEO conveyed his sympathy to those inside and outside the company impacted by the catastrophe and said that he and other corporate officers were as devastated by the day’s events as everyone else. He also provided information on how we were handling the crisis — that the company had located all of our traveling employees and determined none had been on the downed planes and that we were working to bring the others home as quickly as possible.

— We brought in grief counselors to our major locations to conduct group sessions with employees who were emotionally distraught by the day’s news, and provided information on our Employee Assistance Program in case employees wanted more individualized counseling.

Our crisis management team continued these activities for several days, until the nation and its transportation system returned to normal. But, of course, nothing has been the same in the sixteen years since those awful events.

I learned that day the reality of the importance of communications during a crisis. It is one thing to read articles on crisis management, like this one. It is another thing to live it and to know that what you are doing is having an impact, for better or for worse, on the morale of your organization.

I learned it is important to not only communicate facts but empathy as well. Company leaders and managers must seek out and pass on accurate and timely information. But good leaders must also be emotionally congruent with others in their organization. This emotional support is critical, even though at the same time management is providing direction and channeling people’s energy toward productive activities. And leaders must recognize that sometimes the most important thing is to pause and acknowledge feelings before productive behaviors can resume.

A crisis can be an opportunity to bring an organization closer together, but only if it is managed well.

What lessons have you learned while handling a crisis?

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Labor Day and This Blog’s Future


HappyLaborDay-WeekendI put this blog on hiatus in early June and said I’d be back around Labor Day. Well, today is Labor Day.

A lot has happened this summer that has and will impact corporate life. I’ve missed writing about many issues, such as

For other examples of what I might have written about, take a look at my twitter feed, where I pass along the best articles I read.

In the months ahead, we could be looking at tax reform, infrastructure, immigration, and other significant policy issues. Those, too, will impact corporations, their leaders, and their workforces. And I will probably want to write about these matters.

Over the summer I’ve given a lot of thought to the role this blog plays in my life. I’ve discovered I miss writing it, even though the weekly commitment to post was a distraction from other projects and meeting other goals.

So I’m going to compromise. I will try posting twice a month, on the second and fourth Mondays of the month. Which means my first substantive post will be up next Monday.

For today, enjoy the end of summer and your Labor Day weekend. And take a moment to think about what Labor Day means as a holiday honoring the contributions workers have made to the strength, prosperity, and well-being of our country.

Thanks for your patience this summer.

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Blog on Hiatus


Just last week I wrote how the pace in many businesses slows during the summer months. That is not proving true for me this year. In fact, a new project is consuming my time. Therefore, I am taking a break in writing this blog. I will be back around Labor Day.

In the meantime, here are links to some of my most popular posts:

And click here to see all my “Favorite Firing” posts.

Or here to find information about my novel, Playing the Game.

Hope your summer goes well.

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How to Avoid Burnout When There’s Always Too Much Work


work-2196609_640Memorial Day weekend is the traditional beginning of summer. In many workplaces the pace slows during the summer months—maybe it slows a little, maybe it slows a lot. For employees who are burned out, the more relaxed pace might help.

Still, in today’s 24/7 world, the slowdown of summer might not be enough. In fact, one of my most stressful times as an employee was one July and August when I was assigned to defend a major lawsuit. I had to take on this new work even though none of my existing work had gone away.

After a few weeks, I realized I couldn’t juggle the caseload I had. I was leaving the office completely frustrated every evening. Finally, I talked to my department head about how to reallocate the workload.

It was that or quit. I was that burned out.

A recent article in Fortune, “The Solution to Avoiding Burnout That Nobody Tells You,” by Laura Chambers, published May 10, 2017, tells of a time when the author’s supervisor told her she would have to learn to drop some balls to avoid burnout. This is counterintuitive for most high-performing employees.

Actually, author Laura Chambers describes a more nuanced approach to managing the workload than simply not doing projects. She describes two kinds of employees, the burnouts and the droppers, and says neither is ideal.

She says that when there’s too much work to accomplish, the best approach is to become a “communicating prioritizer.” She suggests identifying what you believe the top priorities to be, discussing them with your supervisor and team to be sure there is agreement on what the priorities are, then focusing on the highest priorities.

As a manager, Ms. Chambers says about her staff:

“When they communicate their priorities, it shows me that they’re on their game, they’re confident about where they’re headed, and I know I can count on them delivering with confidence. It also demonstrates that they’re managing their own work-life balance, rather than relying on someone else to manage it for them.”

Turns out, I didn’t do so badly in going to my manager to discuss what I could do and what I couldn’t. I was communicating, as Ms. Chambers recommends. However, in retrospect, I see that if I had offered more proactive suggestions myself on how to reallocate the work, I might have done better. My manager and I worked it out, but I put most of the burden of prioritizing on him.

And perhaps Ms. Chambers’s manager could have done better by helping her prioritize than by telling her to drop some balls.

How have you managed periods of burnout in your career?

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Employer Health Care Benefits — Preparing for 2018


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I last wrote about health care in late March, shortly after the House of Representatives failed to bring the American Health Care Act (AHCA) to a vote. Since then, after a few amendments, the House did pass the AHCA, but with all the other brouhahas in Washington over the last few weeks, it’s questionable whether the Senate will get to health care anytime soon.

There are some good provisions in the AHCA as passed by the House. Among other things, the AHCA makes the following changes to Obamacare:

  • The individual mandate was repealed, as was the employer mandate;
  • The 2.3% medical device tax was repealed;
  • The net investment tax was repealed, as was the .9% Medicare high earner tax;
  • The Cadillac tax for expensive plans was delayed (and will probably never be permitted to take effect, since neither Republicans nor Democrats like this provision); and
  • Health Savings Accounts were expanded, effective in 2018

All of these provisions provide less government control over the health care marketplace. In the long run, these changes would generally be helpful for employers.

Still, as most people recognize, without an individual mandate, some incentive is necessary to get healthy people to opt into health insurance before they get sick and to maintain that coverage. The AHCA continuous health insurance coverage incentive replaces the individual mandate penalty. This incentive operates much like HIPAA certificates of coverage. As long as they do not let their health insurance lapse for more than 63 days, individuals cannot be charged higher premiums because of preexisting conditions. Moreover, the premium penalty for the first plan year cannot exceed 30%.

There is an exception to this 30% limit, but the exception permits insurers to charge late enrollees with pre-existing condition higher premiums only if the state has waived the community rating rule and the state has established a high-risk pool to help people with preexisting conditions fund their coverage.

The AHCA is far from a perfect bill, and it is likely to face substantial amendments in the Senate before it comes to a vote in that chamber. And Congress has many other priorities this session as well. So what will happen with respect to health care legislation by the end of the year is anyone’s guess.

Nevertheless, we are at the time of year when many employers are examining their options for health plans for their employees for the year ahead. What should employers do in this time of uncertainty?

Obamacare, the Affordable Care Act, is still the law, so until Congress acts, employers must comply with the mandates and reporting requirements. With the individual mandate in place, employees will want to know their employer-provided health care options in a timely fashion.

Moreover, although the Cadillac tax has been kicked down the road and its ultimate implementation is uncertain, avoidance of the tax—or preparation for it—will take time to structure.

For 2018 at least, the current employer responsibilities are likely to remain in place. Employers must continue to manage their benefit plans, tweaking them as makes most sense for their workforce. There remain many reasons why employers should support their employees’ health and wellness if they want to be employers of choice.

Employers, what concerns you the most about health benefits in 2018?

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Favorite Firing: Failure to Rescind a Resignation


flag-28567_640Every once in a while, a difficult employee resigns, and his or her managers breathe a sigh of relief. The employer might have wanted to be rid of this employee, but there weren’t grounds to discharge the individual. But what if the employee wants to rescind the resignation—does the employer have to take the employee back? In Featherstone v. Southern California Permanente Medical Group, B275225 (April 19, 2017), the California Court of Appeals said no—once the employee resigns, there is no requirement that the employer allow the person to return.

The Facts: Ruth Featherstone worked for the Southern California Permanente Medical Group. She had had prior health problems necessitating her absence from work. Despite her absences, there is no indication in the Court’s opinion that she had any performance difficulties.

In mid-December 2013, she returned to work after an absence for surgery and recuperation. About a week after her return, she allegedly suffered a temporary disability due to an adverse drug reaction to medication. She claimed that while she was under the influence of this drug, she first orally resigned and then several days later confirmed the resignation in an email. At the time, her supervisors did not suspect that she was behaving abnormally and processed the resignation promptly so that Ms. Featherstone could receive her final paycheck in a timely manner under California law.

Unbeknown to any of her managers, Ms. Featherstone’s family noticed that her behavior was unusual, and she was rehospitalized. She was hospitalized for several days. On the day she was released from the hospital, she confirmed her resignation to her employer. It wasn’t until about five days after she confirmed her resignation that she told her managers she had been under the influence of medication when she resigned. Only then did she ask to rescind her resignation.

Despite the sympathetic circumstances of Ms. Featherstone’s request to rescind her resignation, the medical group refused to rescind it, because they did not think they had done anything improper in accepting it. As mentioned above, there is no indication of any problems with the plaintiff’s performance, so this reader wonders why the employer was reluctant to rescind the resignation.

Ms. Featherstone later sued, claiming disability discrimination and retaliation under the California Fair Employment and Housing Act (FEHA). The trial court granted the medical group’s motion for summary judgment, and the Court of Appeals affirmed for two reasons: (1) First, the employer’s refusal to allow the plaintiff to rescind her resignation was not an adverse employment action under the FEHA, and (2) the plaintiff failed to show that the management employees who accepted and processed her resignation knew of her alleged temporary disability at the time.

The Moral: In this case, the employer’s good-faith action in accepting the resignation was upheld. As the California Court of Appeals said, for an employer’s action to be found to be a pretext for discrimination, the employee

“ ‘cannot simply show that the employer’s decision was wrong or mistaken, since the factual dispute at issue is whether discriminatory animus motivated the employer, not whether the employer is wise, shrewd, prudent or competent.’ ” (Hersant v. Department of Social Services (1997) 57 Cal.App.4th 997, 1005.) To meet his or her burden, the employee “ ‘must demonstrate such weaknesses, implausibilities, inconsistencies, incoherencies, or contradictions in the employer’s proffered legitimate reasons for its action that a reasonable factfinder could rationally find them “unworthy of credence,” ’ ” and hence infer “ ‘that the employer did not act for [the asserted] nondiscriminatory reasons.’ ” ’

The California Court of Appeals first found that

“refusing to allow a former employee to rescind a voluntary discharge—that is, a resignation free of employer coercion or misconduct—is not an adverse employment action.”

The Court of Appeals cited a California Supreme Court case, Yanowitz v. L’Oreal USA Inc. (2005) 36 Cal.4th 1028, for the proposition that only actions affecting a current employee are covered, not those affecting a former employee.

“[A]n adverse employment action is one that affects an employee, not a former employee, in the terms, conditions or privileges of his or her employment, not in the terms, conditions or privileges of his or her unemployment.”

The Court of Appeals also cited federal authorities under the Americans with Disabilities Act.

However, I am not sure the Court of Appeals’ reasoning is persuasive—another court might well find that former employees are covered for at least some purposes. If I were reviewing an employee’s request to rescind his or her resignation, I would probably analyze the situation more deeply.

At the very least, an employer should at least be sure there is no element of coercion in the resignation, no sign of constructive discharge. In addition, the employer should be sure there is no express or implied contract of employment and that the employee is truly an at-will employee. Both of these possibilities were examined by the Court of Appeals in Featherstone.

This case also turned on the fact that the medical group had no knowledge of Ms. Featherstone’s adverse reaction to the drug when it processed her resignation. Had her managers had some inkling of this possibility, they might have had a duty to inquire and to accommodate her situation by permitting her to rescind her resignation made under the influence of the medication—the Court in this case did not have to address that situation.

While this case will be helpful to employers who want to stand by an employee’s initial decision to resign, it will still be important for employers to investigate the circumstances surrounding both the resignation and the request to rescind it. Ultimately, this case may be more helpful when good employees resign than when problem employees resign in a pique and later want to return—and those are the employees the employer might most want to lose.

Have you had to deal with an employee’s request to rescind a resignation? What did you do?

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Lessons Learned in Office Remodels and Relocations


beige-316396_640Over the years, I’ve been involved in two corporate department remodels, once as one of the primary designers of the new office space, and the other time as a department chair when members of my staff worked on the layout and logistics. Neither was an enjoyable experience, but I learned important lessons along the way. Here are my primary takeaways:

1. Have size and space guidelines, but don’t be rigid

One of the remodels involved attorneys, who insisted they needed private offices because of attorney/client privilege issues. But some of the lawyers were not high enough in the corporate hierarchy to warrant private offices in the corporate guidelines. The attorneys won that argument.

In the other remodel, some Human Resources managers received private offices and others at the same pay grade did not. The decisions rested on who spent significant time counseling employees. Those who did not get private offices had access to small conference room near their cubicles.

The biggest issues actually involved administrative personnel, some of whom dealt with significant amounts of paper and needed more space than the guidelines permitted. In retrospect, more individuality would have been a good thing.

With today’s move away from cubicles to more open space environments, these issues may become even more significant. Have a philosophy, but allow for exceptions when warranted.

2. Keep technology needs in mind

The legal office redesign I worked on came at a time when personal computers were just beginning to be used. Some lawyers were technologically adept, and others had never used a PC. But we mandated space, equipment, and Ethernet connectivity for everyone.

In both of the remodels I was involved with, file storage was a critical need. Over time, the move to paperless work environments are likely to accelerate. These days, large monitors, wi-fi access, or portable tablets may be the critical features necessary for efficiency.

But what will the technology of the future require? Involve your IT personnel in anticipating what your office will need in the next five years at least . . . the next decade if you can see that far into the future.

3. Natural light is important for morale

One of my departments moved to space that was underground. We did everything we could with pale colored walls and good lighting, but we couldn’t avoid the feeling that we worked in a cave.

The other department moved from underground space to space with windows. The temptation was to put managerial offices against the windows, but we avoided that. We kept the windows open to all, which made our support personnel feel much more valued. Those managers who had enclosed offices had to step outside to get a view (which was only of a parking garage anyway), which helped keep them less isolated from their staff.

4. Give your planning team leeway to make decisions

There are a myriad of daily decisions involved in relocating a department. How to lay out the space, what color paint, fabrics for the furniture, just to name a few. The planning team should be empowered to make most of these decisions—or at least to narrow the options. That’s why they’re on the team.

If the department head reserves all decisions for himself or herself, the planning team will end up demoralized, management time will be wasted, and the plan will be idiosyncratic and unlikely to stand the test of time.

5. Involve all employees in the process

Just because there is a planning team doesn’t mean that other employees should have no say in the process. Hold a kick-off meeting where everyone can voice opinions. It will help the remodel team to know which issues are emotional for employees.

And have a few milestone meetings or send out periodic updates to the whole department. Keep people informed on the progress and timeline and what decisions have been made to date.

beige-316395_6406. Make it fun

One of the planning teams in our remodel called themselves the “MOO-ve” team. They adopted a cow logo which they included on all their communications. At least we had something to laugh about as we sorted through forty-plus years of files before the department relocated.

Those are six lessons I learned during my work on office relocations. Here’s an article with another list of lessons learned. And for articles on the nitty-gritty of planning an office remodel, see here and here.

What have you learned when relocating an office?

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