<?xml version="1.0" encoding="utf-8"?>
<rss version="2.0" xmlns:dc="http://purl.org/dc/elements/1.1/">
<channel>
<title>management - California Employment Law Report</title>
<link>http://www.californiaemploymentlawreport.com/articles/best-practices/</link>
<description></description>
<language>en-us</language>
<copyright>Copyright 2010</copyright>
<lastBuildDate>Sun, 24 Jan 2010 21:19:59 -0800</lastBuildDate>
<pubDate>Wed, 19 May 2010 08:35:51 -0800</pubDate>
<generator>http://www.movabletype.org/?v=3.34</generator>
<docs>http://blogs.law.harvard.edu/tech/rss</docs> 

<item>
<title>You are a linchpin</title>
<description><![CDATA[<p>Despite your teachers, friends, boss, colleagues and family members telling yo<img align="right" src="http://www.californiaemploymentlawreport.com/uploads/image/linchpin.jpg" style="width: 176px; height: 176px;" alt="" />u otherwise, you are a linchpin.  You are a genius that can succeed in the new economy.  Seth Godin&rsquo;s new book, <a href="http://www.amazon.com/gp/product/1591843162?ie=UTF8&amp;tag=siwomo-20&amp;linkCode=as2&amp;camp=1789&amp;creative=9325&amp;creativeASIN=1591843162"><em>Linchpin</em></a>, sets out to challenge you to unlearn what school and society has rewarded in the past, and to let us all know that we are linchpins (if we make the choice to be).&nbsp;</p>
<p>I just finished reading an advance copy of <em>Linchpin</em>, and have to recommend the book to anyone who either manages people at work or for anyone who has to work for a living.  I have read many of Seth&rsquo;s other books which provide prophetic insight how the Internet and technology have changed marketing and business forever. <em> Linchpin </em>similarly argues that technology is changing the business world dramatically, but the book focuses more on what these changes mean for individuals, and the new opportunities and rewards for those who chose to be linchpins.</p>
<p><strong>What is a linchpin?  </strong></p>
<p>The term is defined by the Merriam Webster dictionary as: &ldquo;(1) a locking pin inserted crosswise (as through the end of an axle or shaft); (2) one that serves to hold together parts or elements that exist or function as a unit &lt;the linchpin in the defense's case&gt;.&rdquo;  Seth&rsquo;s theme throughout the book is that a linchpin is an artist who challenges the status quo, and in doing so creates value, and in doing this become indispensible.  An artist is not necessarily someone who creates a painting, but Seth says a lawyer, engineer, salesman, politician or a mid-level manager in a large company can all create art.  Seth argues that &ldquo;art is the ability to change people with your work, to see thing as they are and then create stories, images, and interactions that change the marketplace.&rdquo;</p>
<p><strong>Is it hard to be a linchpin?</strong></p>
<p>Definitely.  As Seth observes, &ldquo;Nothing about becoming indispensable is easy.  If it&rsquo;s easy, it&rsquo;s already been done and it&rsquo;s no longer valuable.&rdquo;  But as Seth argues, in today&rsquo;s world to be &ldquo;successful&rdquo; you have no choice but to be a linchpin.  Not being a linchpin relegates a worker&rsquo;s work into a commodity, which makes the worker easily replaceable by the next person who will do the work cheaper.</p>
<p>The book covers the shift in economics that the Internet has developed, which has opened up so much more opportunity.  In the past, the bourgeoisie controlled the capital to invest in factories.  The proletariat workers had little leverage in the equation because they do not possess the capital to create their own factories.  Today, however, &ldquo;the proletariat own the means of production.&rdquo;&nbsp;&nbsp; With the new economy, we have to unlearn the factory mind-set that we have been programmed to live by over the last 100 years &ndash; which rewarded showing up for work and following the rules.  The Internet has changed this.</p>
<p>While technology has changed the rules of the game, individuals need to make a choice.  Society does not reward blind rule-following, but instead requires linchpins who do not have maps telling them what to do next.  This is difficult, as we are conditioned by society to follow the status quo and to fit in.  Linchpins understand this, and must continually fight off the tendency to give-up, conform and to take the easy path by simply following the rules (Seth refers to this tendency as the resistance).</p>
<p><strong>What does this have to do with employment law?</strong></p>
<p>Well, as a blogger, I have read Seth's blog for a couple of years.&nbsp; Before I&nbsp;read the book, I&nbsp;thought it would have no relationship to employment law what-so-ever.&nbsp; But, only a few pages into the book I realized that this book is a must read for managers and human resource professionals.  Companies need to realize they now need linchpins within their organizations, and they need to allow employees room to be linchpins, instead of drowning out these productive individuals by forcing them to conform.  Seth notes that &ldquo;Great bosses and world-class organizations hire motivated people, set high expectations, and give their people room to become remarkable.&rdquo;&nbsp; This book is not only a wake-up call to managers about what type of employee is needed in today's workplace.&nbsp; <br />
&nbsp;</p>]]></description>
<link>http://www.californiaemploymentlawreport.com/2010/01/articles/best-practices/you-are-a-linchpin/</link>
<guid isPermaLink="false">http://www.californiaemploymentlawreport.com/2010/01/articles/best-practices/you-are-a-linchpin/</guid>
<category>Best Practices For California Employers</category><category>Linchpin</category><category>management</category>
<pubDate>Sun, 24 Jan 2010 21:19:59 -0800</pubDate>
<dc:creator>Anthony Zaller</dc:creator>

</item>
<item>
<title>Managing Conflict In The Workplace</title>
<description><![CDATA[<p>I completed two seminars (one for California and the other nationwide) last week for <a href="http://www.blr.com/">BLR</a> on conflict management in the workplace, and I thought it would be a good time share a few additional thoughts on the topic.  I&rsquo;ve encountered a lot of skepticism about this topic &ndash; especially from other lawyers &ndash; that it is a &ldquo;touchy feely&rdquo; topic.  I am not claiming a manager can learn everything she needs to know about the topic in one seminar, but it is clearly a skill that supervisors and managers need to develop to be successful.  If there was not conflict in the workplace, or if it was simple to deal with, managers would be out of a job.  Thankfully for managers, this skill is not easily learned, and takes years of experience to develop.  Here are a few tips to assist in the process.</p>
<p><strong>Don&rsquo;t avoid or ignore workplace conflicts.</strong></p>
<p>Letting conflict fester will lead to litigation.  If managers get involved in workplace conflicts early and often, it is more likely that the situation will be dealt with before a party thinks their rights have been violated and they need a lawyer.</p>
<p><strong>Have a discussion with both workers involved in the conflict together.  </strong></p>
<p>Lay a few ground rules for the discussion:</p>
<ul>
    <li>Everyone will be heard (the supervisor will have to enforce this rule)</li>
    <li>One speaker and one conversation at a time</li>
    <li>Challenges are acceptable, must be respectful</li>
    <li>Focus on issue (project, assignment, task at hand, etc.)</li>
    <li>The workers can only use &ldquo;I&rdquo; statements NOT &ldquo;YOU&rdquo; statements (Example:  &ldquo;I received the information too late to include in my report.&rdquo;  Not: &ldquo;You got it to me too late.&rdquo;)</li>
    <li>No personal attacks &ndash; criticism must be of acts, not the other person (Example: &ldquo;That project is a waste of company time.&rdquo;  Not:  &ldquo;You are wasting my time.&rdquo;)</li>
    <li>Set clear guidelines on what is expected of the workers on a going forward basis (It is recommended to document these steps.)</li>
</ul>
<p><strong>Know when conflict crosses the line to create legal liability. </strong></p>
<p>Managers should always be thinking about whether the conflict crosses the line from simple workplace disputes or personality conflicts into actionable harassment, discrimination or retaliation.</p>
<p><strong>Provide reprimands the right way.</strong></p>
<p>Managers should think through how to approach an employee when giving them a warning, either verbal or written.  Here are a few suggestions:</p>
<ul>
    <li>The warnings should not be administered in front of other employees.</li>
    <li>The manager should think through how the discussion will go, and possible responses to different reactions from the employee.</li>
    <li>Set out the clear expectation of what the employee needs to do to correct the problem.</li>
    <li>Document the warnings &ndash; even verbal warnings to employees.  If the warning is a written warning, have the employee sign the warning.&nbsp; If they refuse to sign it, record on the document that the employee refused to sign.</li>
</ul>]]></description>
<link>http://www.californiaemploymentlawreport.com/2009/04/articles/best-practices/managing-conflict-in-the-workplace/</link>
<guid isPermaLink="false">http://www.californiaemploymentlawreport.com/2009/04/articles/best-practices/managing-conflict-in-the-workplace/</guid>
<category>Best Practices For California Employers</category><category>Employee Handbooks</category><category>management</category><category>workplace conflict</category>
<pubDate>Wed, 08 Apr 2009 07:55:39 -0800</pubDate>
<dc:creator>Anthony Zaller</dc:creator>

</item>


</channel>
</rss>