Workforce Readiness & Diversity

Greetings!
 
We are well underway into 2016 with the changes we have implemented and we are seeing very positive results!
 
We had a remarkable turnout for our first Professional Development Summit (PDS) in January with over 90 attendees at the event! We had great speakers who came and opened our eyes to ourselves and our unknown biases in regards to our recruiting practices.  Our second PDS of the year is coming up on March 8^th.  The two topics are “Why avoiding conflict may be the biggest single contributing factor to corporate failures and what to do about it” and “Deliberate Creativity: How to innovate on demand”.  We are already seeing very strong numbers for registration. Now that these sessions are free, it’s more important than ever to register ahead of time!
 
This is the time of year when GMA SHRM offers a Professional Scholarship to a chapter member to support their professional development. This $1,000 can be used for membership, seminars, classes, etc.  I don’t know any HR professional who couldn’t use this money. I strongly encourage you to consider applying for this scholarship. Deadline for applications is April 15, 2016.
 
Want to learn more about our Chapter, its benefits and meet the Board?  Be sure to come to GMA SHRM Revealed on March 31^st! We encourage both new members and those who are ready to take the next step in their membership and get involved, which is the best thing you can do for your career!  It’s also a great opportunity to meet new members.
 
Registration is now open for our annual Human Capital Conference on May 3, 2016! This is going to be our best event yet!  The Board has decided to dip deep into our bank account for our key note speaker this year, Dave Ulrich.  Mr. Ulrich, a Wall Street Journal best selling Business Author and considered the #1 Most Influential Person in HR according to HR Magazine, will deliver two keynote presentations and also a breakout session. This is a rare opportunity for our members to hear and learn from a top thought leader in HR in the country. You won’t want to miss this!
 
As always, please reach out to myself or anyone on the board if you have questions or comments about our Chapter. 


Dawn Koopman, SHRM-SCP, SPHR
President
GMA SHRM

Save the Date – 2016 Day on the Hill!

WI SHRM is currently planning the 2^nd annual Day on the Hill in Madison. This all day event will take place on April 6, 2016 at the Madison Concourse Hotel with an evening networking event on April 5, 2016. The event provides a great opportunity for you to advocate on behalf of the HR profession and to learn more about the political process.

The day will start with an employment law update, other educational topics and training on how to conduct a meeting with your local legislator. Registration is open and additional details can be found at: http://www.wishrm.org/2016-Day-on-the-Hill

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You’re Hired! Best Practices for Hiring and Firing Employees: Offer Letters and Severance Agreements
By Tom O’Day, J.D.

Drafting Offer Letters
Neither federal nor state law requires employers to provide prospective employees with offer letters.  However, offer letters may be advisable as a means of communicating interest in a prospective employment candidate and setting forth the core elements of the job offer.

Often, a prospective employer orally notifies an applicant of a job offer.  Oral offers of employment convey enthusiasm and provide a personal touch.  Those making such offers, however, should not overstate wages, benefits or other terms and conditions of employment to attract the candidate.  Oral offers should not contain promises of future employment or “guaranteed” employment for any period. 
 
The terms of the employment offer should ideally be set forth in a written offer letter.  Common elements of an offer letter include:  job title and description, offered start date, work hours, base salary or wage rate, brief description of employee benefits available, and description of any applicable bonus provisions or plans.  Where applicable, the offer letter should also contain any required conditions of employment, such as a drug test or medical examination.  It should also reference any restrictive covenant obligation, such as confidentiality or non-compete restrictions, that may be a condition of employment.  Those restrictions should be set forth in a separate, binding agreement.
 
Almost every offer letter should contain a statement making clear that the employee is employed “at will,” meaning that either employer or employee may terminate the employment relationship at any time for any reason.  This is an important legal component of an offer letter.  If an employee has a guaranteed employment period, that relationship would usually be memorialized in a formal employment agreement rather than in an offer letter.
An offer letter for at-will employees should contain a statement similar to, “This offer is not an agreement or contract of employment for a definite period of time.  Your relationship is and will be an at-will employment relationship.  Both the company and you have the right to terminate our employment relationship with or without notice at any time for any or no reason.”
Finally, every offer letter should contain a signature block.  The candidate should date and sign the offer letter to indicate his or her acceptance and understanding of the terms.  A statement before the signature line can read, “I agree with and accept the items contained in this letter and understand that my employment will be at-will.”
 
Providing Severance Agreements
At the end of an employment relationship, it is sometimes advisable to end the employment relationship between the parties through a severance agreement.  From the employer’s perspective, a severance agreement can secure a release of legal claims that the employee may have against the employer.  This offers predictability to the end of the employment relationship in that employers will not need to be overly worried about unexpected legal costs associated with claims from former employees.
From the employee’s perspective, a severance agreement is a monetary benefit to transition to new employment or a safety net for a period of unemployment.  From either perspective, severance agreements can be valuable tools for managing risk. 
Employers, however, must draft their severance agreement to ensure maximum protection.  Common features of a severance agreement include:
 

• a general release of claims by the employee,
• consideration for the agreement in the form of severance pay not otherwise contractually owed an employee,
• subsidized health insurance continuation rights,
• reference letters/non-disparagement provision, and
• restrictive covenants such as confidentiality provisions or non-compete agreements.

It is important to clarify within negotiations over the agreement (as well as in the agreement itself) whether payments would include tax withholdings and whether the employer will contest unemployment insurance benefits. 
 
Employers must also be aware of age discrimination laws, particularly the Older Workers Benefit Protection Act.  The Act establishes certain minimum requirements necessary to obtain “knowing and voluntary” releases of claims by employees who are 40 years-old or older.  These minimum requirements include specialized timing requirements and notice to the employee of certain rights.  In some circumstances, employers must provide additional information, such as ages and job titles of every person considered for termination in a group termination.
 
Offer letters and severance agreements are tools businesses can use to reduce risk, but they should be used effectively and correctly.  Consulting with legal counsel is always a good step to ensure proper use of these tools, as well as involving human resource professionals in these important steps in the employment relationship.

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Wellness Program Did Not Violate ADA

The EEOC charged that a company's wellness program violated the ADA's prohibition against non-job specific medical exams, since a health risk assessment by its insurance company was required for participation in the company's health insurance coverage. In EEOC v. Flambeau Inc. (W.D. Wis., 2015), the court ruled that the wellness program did not violate the ADA. The insurance company did the assessment, and gave wellness advice to the participants. The employer had no knowledge of any results. It did not matter what the results were, it only meant wellness counseling occurred. The program was a valid method to help the company to underwrite and administer its health insurance risks and was "not a subterfuge to evade the purposes of the ADA."

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Dog's Death Warranted Excused Day Off And Time To Grieve

A firefighter's dog died on the last day of a vacation trip. The firefighter called in to report that he was too distraught and ill over the event to safely drive the five hours back and report to work the next day. The supervisor denied the time off, because death of a pet was not a valid reason. The firefighter did not drive back that night, and was disciplined for the unexcused absence and refusal to obey the order to report. The Arbitrator overturned the discipline. Under the contract there was a narrow range of reasons justifying not obeying an order, among which were safety and/or "suffering of an immediate harm which could not be remedied later." The Arbitrator found both. The employee had stated that he was too ill and distraught to safely drive. Also, returning to work now, then grieving later, would have deprived the employee the chance to grieve for the dog at the time of the loss, and this could not be remedied later. Am. Fed. Of Govt. Employees 1121 v. Marine Corps. Air Station, Yuma (2015).

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Professional Development

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SHRM Annual Conference & Exposition - 2016

The SHRM Annual Conference & Exposition is the largest and best HR event in the world, providing your organization with the tools and resources you need to create and implement the successful HR practices that will ensure that your company will thrive.

Your company will get the targeted strategies and practical takeaways that you need to achieve your goals – from talent management to federal compliance to cutting-edge business strategies.  We know that you'll go back to your office supercharged with new strategies, improved skills, and enhanced perspectives so you can thrive in your career, your team, or even your organization. Still not convinced?  Find more information here.

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Workforce Readiness & Diversity

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GMA SHRM Member Spotlight

Name: Angie Hefty
 
Where do you currently work?  
The Management Group, Inc.
 
What is the focus of your position? 
I am the Compensation and Benefits Analyst at TMG.  Since our HR Department is small, my position focuses on all aspects of benefits from researching benefit plans/vendors to negotiating with the vendors on our renewals, to forecasting trends to assist with future benefit designs, to ensuring compliance with government regulations, to onboarding new employees and everything in between.  I like the fact that every day is different and presents new challenges and opportunities.   
 
How long have you been in the Human Resource field?
I have been in Human Resources for 28 years.      
 
Which of your career accomplishments makes you proudest? 
In November 2014 in addition to our open enrollment, I on-boarded approximately 400 employees into TMG.  This presented many challenges as these employees all worked remotely throughout the state and every benefit from health insurance to life insurance to retirement changed in one way or another.  Looking back, I still wonder how I accomplished this.         
 
What is the best advice you’ve ever received? 
Work hard and your reward will be threefold. 
 
Why did you decide to join GMA SHRM?
I decided to join GMA SHRM to help me stay current with the HR profession by keeping up on trends and changes as well as to network with other HR professionals.  Basically SHRM is a great resource to provide continuous learning opportunities in the HR field.


 

GMA SHRM Volunteer Spotlight

Name: Brittany Hanson
 
How long have you been volunteering with GMA SHRM?  Since Spring of 2014              
 
What committee are you volunteering with? Have you volunteered on other committees? If yes, which one?  I began volunteering at a few Job Boot Camps and Mock Interview Sessions with the Workforce Readiness & Development Committee in 2014.  Since then I have joined the Technology Committee as the Newsletter Coordinator.  I also recently joined the Membership Committee, and will be volunteering at upcoming GMA SHRM PDS events, networking events, and helping with member outreach.  I also began attending HR Advice Network meetings in early 2015 (something I HIGHLY suggest for all). 
 
What do you enjoy about volunteering? In general, I enjoy connecting with people, and through GMA SHRM volunteering, I can do just that!  As HR Professionals, we have to connect with people every day as part of our job.  Volunteering with GMA SHRM and meeting other HR Professionals in the community allows me to connect with like-minded individuals who understand the ‘HR world’; this is more valuable than I could have ever imagined.  Having a network of other ‘HR-folks’ is refreshing, uplifting, and motivating.  Dedicating time to volunteer with GMA SHRM is a pleasure, and truly fun. 
 
What would you say to others who are considering volunteering with GMA SHRM?  Do it!  Developing your own support network in the Madison HR Industry is so very valuable and truly enjoyable.  It takes time to find where your interests lie and where your strengths are, so be patient with yourself and explore all that GMA SHRM has to offer.  Ideally, GMA SHRM will be a career long endeavor for all members, so there is no rush to find that ‘niche’.  Everyone has one! 
 
What have you gotten back from volunteering with GMA SHRM?  The support network I have developed of like-minded, intelligent, kind, & fun fellow-HR-professionals is a valued & priceless asset, and something I have GMA SHRM & its volunteer opportunities to thank for!  



If you’d like to be published in an issue of HR InTouch, please complete this profile and submit (along with a photo) to Brittany Hanson @ bhanson@theedgewater.com

 

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Welcome New Members!

GMA SHRM welcomes the following members who joined our chapter in January 2016!
 

Movin' Up

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In Transition

If you are a member who is in between jobs, or who is currently employed but seeking new positions or career paths, write us a brief description of your skill set, areas of expertise, what you’re looking for, etc. Send us an e-mail. We’ll publish your information in the next HR InTouch.

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HR InTouch Guidelines

Article Writing:

Do you have an interest in writing for the HR InTouch? We have an interest in learning more about your area of expertise!

Why should you volunteer? Top three reasons: 1) to share your knowledge and experiences to educate others; 2) to become more connected in the HR and Dane County communities; and 3) to contribute towards the advancement of GMA SHRM and the HR profession.

The first step is for you to choose a submission option: you can pre-submit an article to GMA SHRM at any time for us to use in any of the upcoming newsletters, you can sign up to write for a particular month, or we can put you on a list of people to contact in future months whenever we need articles.

Article length:

Because the HR InTouch is now in an online format, the size is flexible. The article should be engaging and hold readers’ attention. Include the core information in your article, and we will advise if it is too lengthy.

Solicitation:

GMA SHRM is conscious not to allow solicitation through the articles, in an effort to protect the interests of our partners and members. The nature of the article should be educational (i.e., what are the business advantages of having a product like yours) or informational. Otherwise, if you truly are interested in advertising through the HR InTouch, you can work with our Marketing Committee. As a rule of thumb for article writing, if the submission relates to a for-profit event, or specifically markets your company (vs. your industry), it is an advertisement, and should be purchased. If it is a not-for-profit event that your company is hosting, or an announcement (i.e., a SHRM member recently joined your company), it is an acceptable addition to the HR InTouch content. If you have any questions related to the appropriateness of your submission, please contact us.

If you have questions, or to submit an article, contact GMA SHRM at chapteradmin@gmashrm.org .