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YOU’RE FIRED! But wait, my life isn’t a reality TV show….

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 YOU’RE FIRED! But wait, my life isn’t a reality TV show….

YOU’RE FIRED! But wait, my life isn’t a reality TV show….

YOU’RE FIRED! But wait, my life isn’t a reality TV show….

By Dr Leah Hollis, author of Unequal Opportunity: Fired without cause? Filing with the EEOC…

Raquel had been a rising star in her company since her initial point of hire four years previous.  She had landed major clients, bonuses, and was recognized regionally and nationally for her work.  Despite the recession, Raquel’s life was laden with hard work and well deserved pay.  She had made the necessary sacrifices by delaying marriage, relocating three times, while reaping the financial rewards.  Raquel was at the height of her earning power.  Her performance record was so solid, no wonder she didn’t flinch when her boss retired. So of course, the new boss, Jacob would value her as a longstanding member of his team, even though she was passed over for his position.  Or so she thought.

All teams go through the aches and pains of adjusting to a new leader.  Raquel felt the tension between Jacob and the rest of the team was no different. Everyone was adjusting to his new communication protocols, and reporting expectations.  Therefore, when Raquel walked in to her weekly meeting with him, with the Director of Human Resources present, she could only anticipate a conference about one of her direct reports.  The meeting was short… not sweet…

“You’re fired….” Jacob blurted out.  “We are going in another direction. Budget cuts.”

Raquel was stunned.  Clearly this was a joke. She had earned letters of commendation the last three quarters straight.  Her slack jawed pause allowed Jacob to continue…

“You can have the next two hours to clean out your desk. We already cut off your internet service.  It’s 3 pm now. You should be out by 5 pm…”

Raquel had nothing to say…what was this some reality show?  When will the commentator come out…? Candid Camera… You’ve been PUNKED… something?!?

The HR Director did and said nothing.  Jacob got up and went to the window. “You have two hours…”

Raquel’s mind was spinning.  She just built an addition on her house with a second mortgage.  Sure she could call headhunters, but she couldn’t move.  Budget cuts?  But they just hired two staff member last week… Budget cuts?

***

Raquel’s story unfortunately is played out every day in this recession.  What Raquel’s manager and many other managers don’t realize is that Raquel and other jilted employees feel betrayed and start looking for ways to be heard. At this point, they have nothing to lose by pursuing a lawsuit. More than ever, employees know the federal discrimination laws, and know where to file a complaint either with the EEOC or an attorney.  Employees who are well educated or advanced in their careers are more likely to file a complaint. Because they command higher salaries,  possible damages and back pay rewards are lucrative.

What should employees do while on the job or after termination? Leah Hollis, President of Patricia Berkly LLC and author of Unequal Opportunity, Fired without cause? Filing with the EEOC offers several strategies for those considering filing a discrimination lawsuit.

While Raquel was still on the job, hopefully she took basic steps to document her performance by:

  • Keeping all records notes, letters, and emails that discussed her personal performance.  Organizations have a responsibility to keep staff updated about job performance expectations.
  • Keeping a copy of these performance records AT HOME. Similar to Raquel’s case, the
  • Internet, intranet, and computer access is often the first thing an employer shuts down. However, employees don’t have a right to proprietary information, only information on their performance.
  • Professionally confirming the boss’s expectations and objectives in writing shortly after meetings. If an employee has questions, or believes expectations are unfair, she should calmly and logically express these concerns when the expectations are established. Don’t wait for months down the road when unreasonable expectations can’t be achieved.
    • Reading the employee handbook, no matter how boring.  Know the rules that the employer is playing by. They are responsible for adhering to their own policies as well.

 

Raquel was terminated. Being fired is like being punched at recess by the school bully. Most people don’t see it coming, and feel knocked to their feet in front of the world.   Despite her emotional state, she took a deep breath, regrouped and considered her options:

  • Raquel did some soul searching.   Perhaps this was divine intervention.  Was this an opportunity for another career path or to follow other interests?
  • But, on the other hand, those copious notes regarding her job performance were worth their weight in gold as she considered a wrongful termination complaint. Her notes revealed a pattern of gender discrimination since her last boss retired. First of all, she was more qualified than Jacob.

Once Raquel assessed the situation and decided to pursue legal action with a formal complaint, she had two options:

  • A). To seek the EEOC/and state human relations commission to file a complaint. This option cost Raquel nothing.  They conduct the investigation and require the employer to explain why there was a termination.  The complaint must BE CLEAR.  Do you believe you were fired because of your gender, your race, your age (if over 40)?  You must be explicit with this claim and provide documentation of reoccurring instances where your membership in a protected class (gender, race, age, religion, background, pregnancy) was a compelling element in your termination. If the EEOC doesn’t resolve the matter in a year, the terminated employee will often receive a right to sue letter, and can proceed to option B.  At this point, seek an employee attorney since many will take the case on contingency.
  • B). Seek an employment attorney. Whether the employee comes straight to this option OR waits to get the right to sue letter from the EEOC, the complaining employee still needs to have her ducks in a row. The duration of the average lawsuit is 22 months, but in some cases, carries on much longer.  With a strong case, stay with it because it can provide vindication.

After 26 months of exchanging paper work, conciliation meetings and then mediation, Raquel had proven a clear case of gender discrimination. With the assistance of an attorney, she was awarded a year and half back pay, less attorney’s fees.  During the course of the case, Jacob faced two other gender discrimination complaints and resigned from his post before Raquel’s settlement was final.

In 2010, the EEOC reported close to 100,000 new discrimination cases.  Every day, about 550 small businesses are tagged with discrimination lawsuits.

Have you or some one you know experienced discrimination or unfair treatment at work (based on age, race, gender, religion or national origin)? We would like to hear your story.

For more detailed information on this topic and how people have handled various types of workplace discrimination, visit our website at www.diversitytrainingconsultants.com or check out Unequal Opportunity: Fired without cause, Filing with the EEOC on Barnes and Noble.com.

Definition of Bullying

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Definition of Bullying

Definition of bullying

Definition of bullying

 

Definition of Bullying in the workplace includes: harassing, belittling, insulting behavior, especially if enduring such becomes a condition of maintaining a job.

What is the definition of bullying as it applies to the workplace?  The definition of bullying includes harassment, discrimination, belittling and insulting comments… constantly. The definition of bullying is similar to the definition of harassment.  However, the definition of bullying includes ALL people, regardless of race, class or gender.  The definition of bullying also relates to a pervasive behavior, often at the hands of the boss or supervisor.  The definition of bullying should be considered by leadership.  Once the definition of bullying is taken serious, then quarterly training and support for supervisors can eradicate behavior under the definition of bullying.

The definition of bullying should also include the cost of bullying. The definition of bullying should be something that human resources managers along with supervisors.  The definition of bullying should be something the executives consider.  Once the definition of bullying is understood, and the effects of bullying are understood, those who understand the definition of bullying understand that it costs organizations millions of dollars to harbor a bully.  The definition of bullying can lead to health problems; the definition of bullying can create a toxic work environment.  The definition of bullying and those behaviors that comprise the definition of bullying erode an organization and undermine productivity. Those who understand the definition of bullying also understand that the effects of bullying of similar to the stress of those who are subject to sexual harassment.

Transparent Penn State

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Transparent Penn State

Transparent Penn State

Transparent Penn State

On a new Web site, the university gives a detailed breakdown of costs stemming from the Sandusky scandal. The site also includes PDF versions of the signed contracts of new football coach Bill O’Brien and key school administrators.

 

Written by Mark Brennan
Penn State has launched a new Web site offering unprecedented access to key university records and documents.

Included on the site is a detailed breakdown of legal and public relations fees incurred in the wake of the Jerry Sandusky child abuse scandal that broke in early November, a figure that has already reached $3.2 million.

“This is a reminder of the commitment to open communication to the fullest extent possible,” said Penn State president Rod Erickson, who took over when former president Graham Spanier resigned after the Sandusky scandal erupted.

At the time, the university drew heavy criticism for operating in a secretive manner. According to a grand jury report, certain university officials had known about allegations against Sandusky for more than a decade. But no serious action was taken against the former football assistant coach until the grand jury filed child sex abuse charges in early November.

Sandusky maintains his innocence and is under house arrest awaiting trial.

Penn State, meanwhile, has spent millions on legal fees and public relations firms. And now — thanks to Erickson’s vow for the university to be more open to the media and public — we know how much and where it is going.

A total of $2,468,137 has been spent on an internal investigation and crisis communications. The internal investigation is being led by former FBI director Louis Freeh’s firm, the Freeh Group. Public relations are being handled by the law firm Reed Smith and the PR firm Ketchum.

Another $467,940 has been spent on legal services and defense fees. Two civil suits have already been filed against Penn State in connection with the Sandusky scandal. Another $50,131 has been spent on what PSU is calling “externally initiated investigations.”

Penn State is also picking up legal fees for Spanier (who has not been charged with any crime), as well as former athletic director Tim Curley and vice president Gary Shultz, who are both awaiting trial for allegedly lying to the grand jury investigating Sandusky. Those fees total $210,309 to date.

According to the site, all legal fees and public relations costs associated with what it calls the “Sandusky controversy” will be covered by insurance policies and from interest revenues from investments. The school insists tuition fees, alumni donations and/or tax revenues will not be used to pay for any of the expenses.

The site includes a wealth of other information not previously available at Penn State.

Included is a downloadable PDF version of the school’s employment contract with new head football coach Bill O’Brien (he is making $2.3 million per year). It even shows the signatures of O’Brien and acting athletic director Dave Joyner, as well as that of university attorney Cynthia Baldwin.

That is a far cry from the way things used to be handled at Penn State. For decades, the university refused to even release former coach Joe Paterno’s salary. It only came to light in 2007, after years of legal wrangling between media outlets and the state.

The university has also uploaded its annual financial report to the NCAA, revealing the athletic department generated $116,118,025 and had total expenses of $101,336,483 in the last year.

Copies of Erickson’s contract with the university (he is making $515,000 per year) and Joyner’s deal (he is taking in $33,000 per month and has the use of a car) are available on the site, too.

The site can be seen at: http://openness.psu.edu/

What is Diversity?

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What is Diversity?

 

What is Diversity?

 

What is Diversity?

Many ask what is diversity is while our organizations are ever changing and facing shifting demands in clientele and resources.  The answer to what is diversity can be found in the very people we hire and serve.  Diversity is a mixture of people, and all of these people are needed to foster an inclusive environment for both internal and external client.  What is diversity?  Consider the changing demographics as over 15 states have a “minority majority” demonstrating that diversity is here to stay. In answering the question what is diversity, organizations should also guard against the type of tension by not honoring the different people on staff. In answering the question what is diversity, organizations should have policies which address religious, racial and gender differences.  In addition, when answering the question, what is diversity, consider the backgrounds within status.  People can generate incivility within class; women harassing women, racial minorities harassing other racial minorities.  By addressing the question what is diversity, leadership styles can address these differences to avoid bullying and create a healthy workplace.

 

What is diversity?

As the community is shifting to being minority /majority by 2040 or sooner, what is diversity is answered by, a good business strategy.  As evident by the commercials featuring more women and racial minorities, our society and resources controlled by these populations show that answering the question, what is diversity, is key to constant evolution.  One way to address the question, what is diversity, is to have proper training, workshops, and assessments of the organizational culture. In addressing the question, what is diversity, organizations can conduct exit interviews, devise safe zones for complaints, and continuously train managers in the best strategies to engage employees. What is diversity is a question that is continuously asked; yet an organization that can answer the question, what is diversity, for its own establishment, is creating a healthy workplace. Reflect on your own organization; what is diversity.  And in answering the question, what is diversity, what is the organization doing to maintain that diversity?

Tribute to a Civil Rights Leader, Kaaba Brunson

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Tribute to a Civil Rights Leader, Kaaba Brunson


 Tribute to a Civil Rights Leader, Kaaba Brunson

Tribute to a Civil Rights Leader, Kaaba Brunson

I had the pleasure of attending Kaaba Brunson’s retirement dinner as he ended his 39 year career with the Pennsylvania Human Relations Commission (PHRC). The standard fare was available in music, hors’ devours and fellowship. As the program got underway, we all began to truly experience the depth of conscientious leadership that Mr. Brunson embodied. People of all ages, races, and both genders stood in testimony of his inspiring commitment to equity and access.

Mr. Brunson has and remains a pillar in the community and a model for those around him. What I found most remarkable is his leadership style. Over and again, people remarked “I love you…” “you are truly a mentor..” and “You only expect the best…” By the accounts of many, Mr. Brunson was bold, brash, meticulous and humble all at the same time. He was, and still is, a tireless champion for human rights, while inspiring his staff around him to reach for new heights, continuously exceeding expectations. By his own remarks he continues to espouse, “Greatness comes from within… and you will have a hard time convincing me otherwise…” As the waves of people testified to how their lives were irrevocably touched by Mr. Brunson, he listened humbly, thanking everyone, and graciously accepting the showers of well-deserved praise and admiration. Even more remarkable, as this evening was about celebrating his career, Mr. Brunson’s remarks always included a thank you to his former boss, former executive director of the PHRC, Homer C. Floyd, the man who had recruited him to the PHRC over 40 years previous. And in the light of such praise, Mr. Brunson still remarks “Mr. Floyd I hope I did not let you down…”

In these tumultuous times, I had to take this opportunity and remark on this leadership for civil rights and human rights. With the EEOC reporting record complaints two years in a row, bullying occurring on several levels of many organizations, transformational leadership styles are certainly needed, and practically required to motivate and engage staff in the face of shrinking resources. Mr. Brunson’s leadership style of respectful great expectations has resulted in great results from his staff. His guidance provides a model for any leader, in any sector, seeking to meet objectives and exceed expectations. As Mr. Brunson remarked that all new hires received the canned speech on engagement and expectations at the PHRC, he quoted, “respect doesn’t come from the title or place; it comes from self, and I expect that we respect each other as colleagues.”

I write this as a tribute to not only a great civil rights activist, but as a consummate leader who has undoubtedly inspired 1000s of people, friends, family, staff, and employees. I am honored that he took the time to review my last book and offer insight. And I remain honored to have had the privilege to see a snap shot of a great life in leadership. Congratulations Kaaba Brunson… Peace…