Jerks at Work—You Can Deal with Them
(the following is the better parts of HR Daily Advisor articles from January 21st and 22nd 2009)

In fact, you can discipline and ultimately, if necessary, terminate your jerks, says Jathan Janove, a partner in the Portland, Oregon, office of Ater Wynne LLP. Janove delivered his suggestions at the recent SHRM annual conference in Chicago.

The Problem with Jerks
When jerk behavior (Janove defines a jerk as “a person, usually male, who is unwelcome due to unlikable qualities and behavior”) crosses over to discrimination against a protected class—sexual harassment, racial harassment—that’s easy to deal with, says Janove.

But a lot of jerk behavior doesn’t cross that line. You can’t tie it to a legal problem, but you know it’s not good and it’s costing the company.

A Typical Jerk
Janove offers an example of jerk behavior from an Indiana case. A heart surgeon for whom “ego management was a challenge” was especially hard on his perfusionists—heart-lung operators—calling them morons, cursing, and threatening. His face would turn red and his veins would bulge.

When one of the perfusionists complained, the surgeon really upped the ante. Eventually, the employee couldn’t come to work and sued for intentional infliction of emotional distress. A $325,000 judgment against the surgeon was upheld.

Work Jerk Prevention
How should you handle jerks? Janove has developed a 5-step approach for dealing with jerks at work.

Step 1: Express Your Values
It is amazing how often this first step is overlooked, says Janove. Have you articulated your values and your standards of behavior or have you just assumed that people will treat each other with respect? He suggests this statement:

It is essential that at all times our employees treat each other, and those with whom they come into contact, with courtesy, respect and professionalism; and that they work cooperatively and constructively in resolving issues or problems.

Step 2: Publicize and Conduct Training
Publicize your values widely, says Janove, in your:
• Job Descriptions
• Handbook
• Statement of Values
• Antidiscrimination Policy
• Disciplinary Procedure
Include your values and behavior expectations in your training programs, he adds.

Step 3: “DIS” the Jerk
Whether they are inadvertent jerks (just sharing their “great” sense of humor) or advertent jerks (they know what they are doing is offensive or causing pain), you need to “DIS” the jerk, says Janove. DIS means providing direct, immediate, specific feedback. You point out the specific offending behavior and ask that it stop.

Step 4: Doc the Jerk
Janove recommends the “same-day summary” for documenting jerk behavior. It should be delivered within 24 hours and should be less than one page. It summarizes the key points that you mentioned when you DISed the jerk. Janove offers the following example:

TO: Jerk
FROM: HR Manager
DATE: Today
This summarizes our discussion this morning regarding your treatment of co-workers. Information I’ve received includes …. This has resulted in employees feeling uncomfortable working with you and undermines departmental trust and teamwork. You said you hadn’t intended to offend anyone, but agreed that this behavior needs to change. I appreciate your understanding. If I haven’t summarized our discussion accurately, please let me know immediately.

This is not really disciplinary, says Janove. This is optimistic that the problem can be solved. “Let’s make sure we are on the same page.”

Step 5: Expose “Mushroom” Jerks to the Light
Mushroom jerks operate behind the scenes, doing plenty of damage, but not in public. Mushroom jerks must be exposed to the light. They don’t like attention, so they will often stop just because you are managing the situation, says Janove.

You might say, “I hear there’s an issue, I hear talk, I want to get to the bottom of it because it’s against our policy and values statement.” Often this can be accomplished by calling employees in as a group.

The Whistleblower Jerk
This case concerned a nuclear power plant inspector whose job was to point out safety violations. However, he had a certain “f-this,” “bleep bleep,” poking-in-the-chest style about him. He was fired, and he sued as a protected whistleblower, but the court upheld the firing on the grounds that his behavior was so far over the top that it need not be tolerated.

In another case, a worker filed a grievance. She didn’t like the way she was responded to, so she filed again. The more she felt ignored, the more she filed, and the harsher her tone became.

In fact, more than a dozen grievances were filed that were consistently hostile and inflammatory. Her manager told her that she was spending so much time writing grievances that she was not getting enough work done.

She responded with another grievance. Enough already, the company said, and fired her. The court upheld the employer. Even if it was protected activity, even if she believed she was right, there was just too much disruption.

The Jerks with Disabilities
The Equal Employment Opportunity Commission (EEOC) says that an employee may be disciplined for violating a workplace conduct standard even if resulting from a disability, provided the standard is job-related for the position and consistent with business necessity.

The EEOC understands this is tricky territory so it gives two examples. A librarian has a disability that causes her to be mean, rude, and obnoxious. She screams at patrons—”This book is 5 days late!” Her termination would be considered OK because the behavior involved was job-related and the termination was consistent with business necessity.

However, says the EEOC, take a similar situation except it’s a warehouse worker with a disability who was surly, unkempt, rude, and had a bad attitude. EEOC says that doesn’t meet the test—that employer would have to put up with the behavior.

Be real careful here, The Americans With Disabilities Act (ADA) went through some huge changes as of Jan. 1, 2009. Proceed with extreme caution when discharging any employee who is disabled.

The Good News
Finally, Janove says, here’s one piece of good news concerning jerks—nobody likes them, including judges and juries. And jerks can’t stop being jerks. Final word—don’t tolerate ‘em, says Janove.

Parting thoughts:
I included this article in an HR Update not to stir the pot and suggest that employers go on a jerk hunt. I included it to bring the subject to the top of the list today to suggest that there are ways to deal with jerks at work.

Most jerks lose their interest in being a jerk when their unacceptable behavior is pointed out by someone whom they respect (or fear). If a respected manager points out the behavior and his displeasure or disapproval often the jerk “tones it down” and gets back in track.

Jerks need to be dealt with early in the employment relationship. If you don’t deal with jerks it won’t be too long before you start to lose valuable employees, those who quietly toil away and provide the fuel for your organization’s success.

My old grandpa used to say, never let the tail wag the dog. I guess what he meant was, never let a jerky employee run the company.

We appreciate your business and hope our suggestions help you put an end to time consuming employment related hassles, we hope our efforts and expertise will allow you to get back to business.

Here are my tips to assist your company in preparing for the winter months

Space heaters in the office areas:
Space heaters must be new or in good condition and, as with all portable heating devices, they should be turned off when the employee leaves for the day. Paper and anything else that can burn should be kept at least three feet away from any heating equipment. Inspect the heaters for problems like loose connections and cracked, frayed, or broken plugs. Extension cords should never be used with a space heater, which includes “power strips.”

Cold Weather Injuries:
“Frostbite is currently the most common cold induced encountered during the winter months. Isolated episodes are usually associated with an episode of carelessness or sudden weather change. Fortunately, most frostbite injuries occurring during activities are of low degree or severity, and do not usually result in permanent tissue damage.”1

Remember that cold weather injuries are preventable. Most freezing injuries will be recognized and initially managed by fellow workers. The business owner must assure that employees working outside are well trained in the recognition and management of these injuries. Frostbite injury results when tissue is cooled sufficiently to freeze. Tissues with large surface like ears or with restricted circulation like hands and feet are particularly susceptible to freezing. However, any tissue exposed to severe cold can freeze.

Employers responsibly to prevent cold weather injuries and illnesses:
• Provide regular rest breaks, out of the cold weather.
• Set steady work pace, so workers do not sweat.
• Provide warm fluids and water to workers.

Employees can prevent cold weather injuries by dressing appropriately.
• Wear several protective layers to trap body heat.
• Wear a hat; “30% of body heat is lost through the head if it is not covered”.2
• Wear mittens.
• Wear clean clothing.
• Use the buddy system.
• Drink plenty of warm fluids.
• Eat nutritious foods.

Vehicle Batteries must be maintained during winter months:
Safety warning: Batteries can be hazardous! Batteries produce hydrogen gas which is explosive. Keep all sparks and flame away from batteries. Additionally, batteries contain sulfuric acid, which can cause severe burns, so make sure you wear proper eye, face and hand protection when working on or around batteries.

Battery Maintenance:
It is important to keep your vehicle batteries charged in cold weather. During the winter months the battery cells need to be checked regularly for electrolyte and water level. To insure that the batteries stay to the proper levels, use a hydrometer. You can purchase a hydrometer at any auto parts store.

Now look at the battery and its hardware, such as the battery terminals, clamps and brackets. Insure they are clean and serviceable. If the clamps and brackets are broken, replace them immediately. It the terminals are corroded, they need to be cleaned. To clean the terminals; take off the clamps, use a wire brush to remove any debris. Using a commercial battery terminal cleaner, spray the terminals with the cleaner then replace the clamps.

“Maintenance free batteries” still need maintenance!

Storing Batteries:
If you are storing equipment for the entire season, it is advised to remove the batteries and store them inside a climate controlled space off the floor. Make sure they are charged before you store them. If you are removing them, make sure you diagram or photograph the batteries before removal.

References
1. US Army research institute of Environmental Medicine, AD A263559, 2008
2. Occupational Health and Safety, 2008

Rick Scott is the Saftey Director for A Plus Benefits, Inc.

It is not uncommon for health plan participants to express confusion about the pre-existing condition exclusion. Many times, a participant mistakenly thinks that a claim has been denied when the plan is simply looking for clarification. The A-Plus Benefits Employee Medical Plan, like many other group policies, contains a one year exclusion on conditions which are considered by the plan to be pre-existing.

Pre-existing conditions exist when an employee or dependent has an illness or injury for which medical advice, care or treatment (including prescribed drugs or medicine) was recommended or received during the six months prior to the coverage start date or prior to the first day of the employee’s waiting period (whichever is earlier).

It is possible to reduce or eliminate the waiting period if a participant (and dependents) has had prior heath insurance coverage without a gap of more than 62 days from the last date of coverage to the first day of the employee’s waiting period. Upon termination of prior coverage, a Certificate of Creditable Coverage (HIPAA Certificate) should be sent to a participant. If the certificate is not automatically sent, one can be easily requested from the prior insurer. This certificate is the best way to provide proof to the A-Plus Benefits plan that prior coverage existed. If the participant had 12 months of continuous prior coverage, the participant can waive all of the waiting period. If the participant has fewer than 12 continuous months of prior coverage, the waiting period can also be reduced by the number of months of prior coverage.

Participants who have been on the plan for less than one year and receive medical care may receive a letter asking for more information before the claim can be processed. This letter is not necessarily a denial of coverage, but an attempt to gather more information so that the claim can be processed. This letter asks the participant to either obtain the Certificate of Creditable Coverage or to sign a release from the participant so that the plan may determine whether or not the care provided was for a pre-existing condition. When a participant receives this letter, the best option is to obtain their Certificate of Creditable Coverage for prior coverage and then send it to the address in the letter. Once the certificate is on file with the claims administrator there will be no need to investigate future claims (provided that the prior coverage qualifies and was for one full year of prior coverage).

If the participant does not have creditable coverage, but feels as though the claim is not a pre-existing condition, the participant should sign the release and return it to the claims administrator. The claims administrator will verify that the condition is not pre-existing with the provider and process the claim. If a claim does meet the pre-existing condition definition and the participant does not have prior coverage, then coverage under the plan will not be available. Once a participant has been on the A-Plus Benefits plan for one full year, then the waiting period has been met and claims will not be reviewed for the pre-existing condition exclusion.

The preceding information is intended to be an aid to health plan participants. It does not supersede or replace information contained in the Master Plan Description. All of the limits, requirements, and exclusions detailed in the Master Plan Description will apply.

Steve Anderson is the Benefits Manager for A Plus Benefits, Inc.

Last year I had the opportunity of reading several business focused books and in doing so gained a great deal of insight. Some of the books were great while others were tough to get through. One of the books that was an enjoyable and relatively easy to read is titled “First Break All the Rules” by Marcus Buckingham and Curt Coffman.

The book, based on 25 years of research by the Gallop Organization is the product of interviews with over a million employees and eighty thousand managers. The writing is easy to follow and doesn’t leave you feeling like you’re up to your eyeballs in the really heavy stuff. Its strategies are applicable and it doesn’t try to mold you into the author’s view of a good manager. Alternatively, it coaches you to take advantage of your innate abilities and grow them for your own managerial success.

In the introduction to the book the Author states “…great managers do share one thing: Before they do anything else, they first break all the rules of conventional wisdom. They do not believe that a person can achieve anything he sets his mind to. They do not try to help a person overcome his weaknesses. They consistently disregard the Golden Rule. And, yes, they even play favorites.”

We have all restated the phrase; our employees are our greatest asset. Yet many of us don’t consider the variety of strategies we could implement in order to make the most use of that investment. Sure, we purchase benefits and provide bonuses but what do we do in order to maximize that daily efficiency/output of that asset. Based on my meetings with several small businesses over the years I’m sorry to say that most of us do nothing but expect the person to show up because “I give them a paycheck every two weeks…they should be grateful for that.” The first truth is, most employees I speak with are grateful to be employed and are certainly grateful for the paycheck. The second truth is, most employees can and would gladly give more output if their direct supervisor would manage them individually instead of managing the group for which they are a part.

As I read the book I was almost constantly underlining sections and taking notes in the margins because the content was applicable and provided real and workable strategies. One that stood out to me was “spend the most time with your best people” because I’ve seen companies that do this and have witnessed their superior performance. But, that’s just one of several great points that made this book worth the money and the time.

Happy reading.

Jake Lunt is the General Manager of the Idaho office of A Plus Benefits, Inc.

A few things have changed with the coming of a new year—below are some tax items to be aware of.

Estate and gift taxes: The basic federal estate-tax exemption increased to $3.5 million from $2 million in 2008. The increase in the basic estate-tax exemption amount to $3.5 million stems from a 2001 law. Transfers from one spouse to the other typically remain tax-free. The lifetime gift-tax exclusion amount remains unchanged at $1 million.

The annual gift-tax exclusion jumped to $13,000, up $1,000 from 2008. This means you can give as much as $13,000 this year to anyone you want without having to worry about taxes or even file any forms. You can give more than that by paying directly for someone else’s tuition or medical expenses—just be sure to pay the institution directly.

Retirement savings: The maximum amount that someone under age 50 can contribute to a 401(k) plan for 2009 rose to $16,500 from $15,500. Those 50 or older can put away an additional $5,500 this year, for a total of $22,000, up from $20,500.

Social Security taxes: The maximum amount of earnings subject to Social Security taxes rose to $106,800, up 4.7% from $102,000 in 2008.

Mileage rates: Taxpayers who use their vehicles for work can deduct their actual costs or rely on the IRS’s optional standard mileage rate. This year, the IRS rate for using your car for business will be 55 cents a mile.

First-Time Homebuyer Credit: Those who bought a principal residence recently or are considering buying one should take note. This credit of up to $7,500 works much like a 15-year interest-free loan.

The Recovery Rebate Credit: Most people already received their full benefit in the form of the 2007 Economic Stimulus Payment. However, a taxpayer may qualify for the Recovery Rebate Credit, if, they did not get an Economic Stimulus Payment, had a child in 2008 or had a change in income level. If you receive this credit, it will be included in your refund and will not be issued as a separate payment.

Mortgage Workouts and Foreclosures: Eligible homeowners can exclude debt forgiven on their principal residence if the balance of the loan was less than $2 million.

Record Keeping: The links below are helpful when deciding how detailed your records need to be.

Record Keeping for individuals
http://www.irs.gov/pub/irs-pdf/p552.pdf
Starting a business and keeping records
http://www.irs.gov/pub/irs-pdf/p583.pdf
Travel, Entertainment, Gift, and Car Expenses
http://www.irs.gov/pub/irs-pdf/p463.pdf

Michael Bartholomew is a CPA and the owner of A Plus Tax and Accounting. He can be reached at mike@aplusbenefits.com.