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Two big HR challenges in 2011

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04 January 2011
By Charles A. Conine
HotelNewsNow.com columnist
chuckc@hospitalityhrsolutions.com

Story Highlights
  • Destructive leaders systematically dismantle positive employee relations.
  • HR should prepare a game plan to reform destructive management practices. 
  • The best way to battle the litigation curse is to keep it from happening.

An improving economy is welcome news for hoteliers. Meanwhile, HR professionals look to 2011 with circumspection, knowing full well that creativity, persistence and hardnosed determination will be required to tackle many challenges, in particular two familiar ones. 

Challenge No. 1:  Creating “sticky” employees

In the depths of the economic recession, employers’ biggest worry, aside from keeping their doors open, was juggling schedules in order to provide enough work to retain their top-performing employees. The recovering economy has revealed the other side of that coin: Employees are getting antsy. Many in fact are thinking of leaving their jobs, and their employers are worried. CareerBuilder recently reported 43% of employers feared their best employees would jump ship in 2011. The challenge:  how to make the best employees “sticky.”
  
While some speak lovingly of “employee engagement” as a magic elixir, citing it as the key to retention, something far more fundamental keeps employees from straying:  the example set by hospitality’s leadership.

Unfortunately, the example, both prior to and during the recession, in some organizations was set by those a recent article in Talent Management referred to as “destructive leaders.” Tiger Mike and the Toxic Triangle authors Jon Joyce and Natalie Tracy described how destructive leaders systematically dismantle positive employee relations, in some cases leading to the destruction of the company. Supported by an organization’s need for certainty in uncertain times and by “susceptible followers” who themselves crave power or believe employees are simply means to an end, the narcissistic, autocratic style of destructive leaders is thus enabled. These supervisors rule—they do not lead, thus unwinding employee loyalty.

So how then do you retain your top talent? To create a “sticky” working environment, destructive leaders who might have flourished during a cost-cutting, layoff-oriented recession must be identified, their power curtailed and their style rehabilitated. HR, along with its corporate and consulting allies whose missions are supported and encouraged by senior operations executives, can prepare a game plan to reform destructive management practices.  Those incumbents whose styles are causing unrest and turnover will be mentored, if willing, by those who know how to put employees first; the unwilling must work elsewhere as, for its own health, a recovering organization can no longer abide destructive leaders.
 
Challenge No. 2:  Vanquishing the litigation curse 
 
The second big challenge for HR in 2011 is in part an outgrowth of destructive leadership. Employment claims and litigation otherwise blamed on the recession have in part been fed by those employees who allege they tried but failed to correct leadership issues. Lawroom.com reported recently that a review of selected cases shows plaintiffs prevailed in 55% of retaliation and whistleblower lawsuits and in 75% of sexual harassment cases, a not-so-difficult-to-believe statistic.

Employees who resort to litigation in a poor economic environment? Not surprising. But employees winning the majority of cases filed? That is a problem in need of a solution.     

The pro-employee and, many argue, pro-union policies of the Obama administration have arguably made matters worse, if not convincing employees to sue or obstruct their employers, at least showing them how it’s accomplished. The Department of Labor, for example, citing the difficulty the average employee encounters in navigating the legal system, has said it will now provide wage/hour claimants who had filed cases with the agency but whose claims would not be heard (including those whose claims lacked merit) with a list of local attorneys who, as a DOL official announced, “may be able to help.” 

The National Labor Relations Board, its regulatory and judicial reach muted during the Bush administration, is an agency reborn, replete with pro-union appointees. In mid-December 2010, the Board announced a proposed rule that would require employers to place on employee bulletin boards a poster notifying employees of their right to unionize. Employers, particularly those in the hospitality and other service industries staffed predominantly by minimum wage employees, are understandably likely to object. Meanwhile, unions won two-thirds of all conclusive elections conducted in 2009, the most recent year surveyed, according to the NLRB’s 2009 annual report.

Vanquishing the curse of litigation is no easy task. Labor and employment lawyers long have argued that the only effective way is to keep it from happening—to keep the genie in the bottle. How? The most practical prophylactic is a combination of strong, compassionate leadership (the opposite of what destructive leaders peddle) and an equally strong, dialed-in HR team who fairly administer policies that recognize an employee’s intrinsic value and reinforce the organization’s unequivocal support for fair treatment.

The truly legendary hospitality employers, whether chain or independent, have carved and carefully honed their retention strategies using strong leaders and equally potent HR practices, avoiding the worst litigation while earning kudos from “sticky” employees. In 2011, these organizations will continue to prosper while others will ponder why they can’t stop employee departures and why business still seems so bad.
 
Chuck Conine is a graduate of the Cornell University School of Hotel Administration and a veteran hospitality HR executive whose consulting network, Hospitality HR Solutions, partners with hotels, resorts and foodservice operators nationwide. 

The opinions expressed in this column do not necessarily reflect the opinions of HotelNewsNow.com or its parent company, Smith Travel Research and its affiliated companies. Columnists published on this site are given the freedom to express views that may be controversial, but our goal is to provoke thought and constructive discussion within our reader community. Please feel free to comment or contact an editor with any questions or concerns.

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4 Comments
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14 January 2011 at 2:39 PM Central Time
In response to: Two big HR challenges in 2011
Chuck Conine SPHR commented:
Hi, John, and thanks for weighing in on this discussion. Certainly a lack of compliance or inappropriate behavior by employers can send employees running straight to a federal or state agency; are there other reasons, however? Said another way, but for an employer’s unlawful conduct why would someone seek legal redress? In fact the motivation for an employee to request third party help is not always clear. Having inquired into many employee concerns, complaints and grievances over the years, and based on my interactions with hospitality industry clients, their employees, attorneys, jurists and government agencies, my sense is that the motivation for an employee seeking a third party’s assistance varies greatly, sometimes having more to do with perceptions than with actual legal violations or mistreatment. For example, having been upset by an earlier disagreement with his employer, an employee may conclude the employer is hostile “once a violator, always a violator” – and thus opt to take future disputes directly to a lawyer or enforcement agency. Others feel victimized by rules and procedures they don’t like; they believe themselves targeted for disparate action and don’t believe their supervisors’ explanations. Still others can sense an oncoming locomotive; they file administrative complaints and/or lawsuits in an attempt to forestall or reverse a derogatory personnel action. Finally, as you point out, John, HR is sometimes marginalized. While this happens for a variety of reasons, one result is that HR may no longer appear as a viable option for an employee with a problem. Once HR is foreclosed as a place where an employee may seek just resolution to a grievance, even one with little apparent merit, third party involvement is virtually guaranteed. In my column I concluded with the importance of avoiding these problems, saying that successful employers work to create “sticky employees” who are well served by an HR strategy that ensures legal compliance while promoting fair treatment. It may go without saying, but I’m never surprised to learn that in such companies, the address of the nearest fair employment agency or the political makeup of the NLRB are of little consequence; their services, for the most part, are not required.

14 January 2011 at 11:02 AM Central Time
In response to: Two big HR challenges in 2011
John Hendrie commented:
Chuck, I am not sure I agree with your legal premise. Employees seek redress due to poor management and working conditions. The NLRB has been "muted", to use your term, during the last decade. Our workforce is seen as disenfranchised, no matter the economic or political environment. Your prescription is a good one, except in many organizations the role of HR has been marginalized. Retention of talent is a real challenge.

13 January 2011 at 8:52 AM Central Time
In response to: Two big HR challenges in 2011
Chuck Conine SPHR commented:
ivorymom, that's an enviable record. Please share with our readers some of the best practices that are key to your success. Also, are your operations located in any of the higher risk states for litigation such as California? Many thanks for your contribution.

12 January 2011 at 2:41 PM Central Time
In response to: Two big HR challenges in 2011
ivorymom commented:
There are plenty of things employers can do to proactively to minimize litigation risks & mitigate potential losses. Since 1990, we’ve managed 22 worksites in ten states, which have employed over 10,000 individuals. During that time, these workplaces generated only nine formal complaints alleging violations of state or federal anti-discrimination, -harassment, or -retaliation laws. Of these nine complaints: Four were fully investigated and resulted in “no probable cause” determinations; One was withdrawn by the complainant; One was dismissed; Three were settled, with settlements amounts of $3,000, $1,000 and $77.



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