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LEGALLY happy
How to Inspire a LEGALLY happy Workforce
POINTS TO DISCUSS
Does happiness at work matter?
How do you know what you can/cannot do?
What are some examples? 2
WHY DOES HAPPINESS AT WORK
MATTER?
3
STUDIES SHOW HAPPY EMPLOYEES DO
BETTER
Happy doctors
Optimistic sales people
Large study of success 4
HAPPY PEOPLE SHOW UP
Fewer sick days
Better
Immunity 5
3:1 RATIO FOR CORPORATE SUCCESS
What qualities, expressions, phrases, or ideas come
to mind when you think of …
Getting lost
6
WHAT ABOUT THE “CHICKEN OR THE EGG”
PROBLEM?
7
WHAT’S THE EMPLOYER’S ROLE?
Creating the conditions for happiness.
8
SO, SOMETIMES YOU GET THIS…
9
LEGALLY HAPPY : HAPPINESS AND RISK
REDUCTION ARE NOT MUTUALLY
EXCLUSIVE
10
HOW DO YOU KNOW WHAT YOU
CAN AND CANNOT DO?For employer interested in cultural changes, the
market has exploded with ideas.
11
TWO GENERAL TYPES OF STRATEGIES TO
IMPACT CULTURE
12
Focus on individual
employees
Focus on policy
WHAT TO LOOK FOR IN
STRATEGIES FOCUSING ON AN
INDIVIDUAL
13
FOR EXAMPLE, SIMPLE, BUT EFFECTIVE…
THANK YOUR EMPLOYEES
14
IS THE LAW…
A. Simple?
B. Logical?
C. Fair?
15
FEDERAL COURT WEIGHS IN
Thank you note given
Employee disciplined
Pretext for
discrimination? 16
EMPLOYER THANKED EMPLOYEE
Note stated: “Its great to see how the Prenatal
Program has grown in numbers this year. Know it
has been very challenging for you with staff
changes, but you have done a great job.”
17
WHAT DID THE COURT SAY?
18
THANK YOU NOTE DOES NOT RAISE
INFERENCE OF DISCRIMINATION…WHY?
Informal, not performance appraisal
Did not pertain to performance issues
Timing did not suggest contradiction
19
COURT’S FACTORS ARE EXCELLENT
METRIC FOR LEGALLY HAPPY WORKPLACE!
Formal? If Yes….Performance
Implication?
If yes…Timing?
20
TO UTILIZE INDIVIDUAL-BASED
STRATEGIES, FOLLOW THIS PROCESS:
1
•How formalized is the employee contact?
2
•Does it pertain to conduct that was subject of discipline or could be?
3•What is the timing?
21
WHAT TO LOOK FOR IN
STRATEGIES THAT FOCUS ON
WORKPLACE POLICY
22
FOR EXAMPLE, EMPLOYEE HANDBOOK
POLICIES…SOUND SIMPLE?
23
EMPLOYER WORKPLACE CONDUCT POLICY
Policy stated:
“[T-Mobile] expects all employees to behave in a
professional manner that promotes efficiency,
productivity, and cooperation. Employees are
expected to maintain a positive work environment
by communicating in a manner that is conducive to
effective working relationships with internal and
external customers, clients, co-workers, and
management.”
24
WHAT DID THE NLRB SAY?
Violated the NLRA
Reasonable employee would read “positive work
environment” to discourage NLRA protected
concerted activity
25
CAN YOU FORCE YOUR EMPLOYEES TO BE
HAPPY?
26
WHAT DID THE COURT SAY?
Policy must be understood in context
Still allows debate over work conditions
Reasonable employee standard
27
BOTTOM LINE:
Employers can’tmake employeeshappy.
Employers can facilitate a legally happy culture. 28
TO UTILIZE POLICY-BASED STRATEGIES,
FOLLOW THIS APPROACH:
29
EXAMPLES:
LEGALLY HAPPY CULTURE
FROM BEGINNING TO END
30
THE INTERVIEW…LOOK FOR OPTIMISTIC
CANDIDATES
31
GROUP QUESTION: ARE YOU LUCKY?
32
LEGALLY HAPPY STRATEGY: LOOK FOR
OPTIMISM IN CANDIDATE’S EXPLANATORY
STYLE
How do the candidates describe their previous
supervisor?
How do they describe setbacks?
How do they describe a conflict situation?
Do they focus more on what’s wrong or what’s
right?
33
ORIENTING EMPLOYEES TO THEIR JOB…
LOOK FOR THE GREATER GOOD. GIVE MEANING
AND PURPOSE.
Vocation
Career
Job34
LEGALLY HAPPY STRATEGY: ADD
PURPOSE TO JOB ORIENTATION
A great hotelier once said, what would the
customers call your job title if they described it
by the impact you have on their lives? (Chip
Conley)
35
LEGALLY grateful – Maintaining a
happy culture
36
“THANK YOU” – A SIMPLE PHRASE WITH
HIGH PAYOUTS
Managers openly expressing faith in an
employee’s skill doesn’t just improve the
employee’s mood and motivation, it actually
improves the likelihood of success.
Study participants recalling what they were
grateful for one week resulted in increased
happiness and less depression.
37
LEGALLY HAPPY STRATEGY: MAKE SINCERE
EXPRESSIONS OF GRATITUDE PART OF THE
OFFICE CULTURE
Gratitude partners
Emails to thank co-workers / employees
Lunches to thank employees
Share commendations from clients/customers
with employees
Regularly remind employees why their jobs
matter to the organization and the customers /
clients that the organization serves.
Remember: Sincerity, Simplicity
38
ENCOURAGE SINCERE ENGAGEMENT
Social engagement is a condition for happiness.
39
LEGALLY HAPPY STRATEGY: FIND WAYS FOR
EMPLOYEES TO CONNECT WITH AND HELP
EACH OTHER THAT ARE NATURAL AND
AUTHENTIC
Mentorships: Gives opportunity for meaningful
engagement to both parties.
Difficult relationship with boss, increased coronary
disease by 30 percent
$360 billion lost each year from poor relationship
with supervisor
Introduce people who do not know each other and
find ways for natural connection
Have meetings that are an iPhone-free zone
40
HOLD EMPLOYEES ACCOUNTABLE:
ENCOURAGE GROWTH WHERE POSSIBLE
41
LEGALLY HAPPY STRATEGY: MORE
FREQUENT, SINCERE EVALUATIONS
A change to employee evolutions methods should
be approached with caution.
Consider a model of consistent feedback
Provide regular evaluations with constructive
feedback
If there are problems, do you believe that this
employee can change? Why/Why not?
If you do not believe the employee can change,
why is he/she in the work environment?
42
HAPPINESS IS CONTAGIOUS…
Are you interjecting positives?
Do you sincerely believe that everyone wants to
do a good job? If so, how are you conveying this
belief in your daily words and actions.
(If not, consider looking for it.)
43
DO YOU HAVE ANY QUESTIONS? I WOULD
LOVE TO HELP YOU!
Call or email me:
Keely Jac Collins, Esq.
kcollins@kingspry.com
(610)332-0390, Ext. 254
KING SPRY HERMAN FREUND & FAUL LLC
44
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