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?

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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

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WHAT ABOUT THE “CHICKEN OR THE EGG”

PROBLEM?

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WHAT’S THE EMPLOYER’S ROLE?

Creating the conditions for happiness.

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SO, SOMETIMES YOU GET THIS…

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LEGALLY HAPPY : HAPPINESS AND RISK

REDUCTION ARE NOT MUTUALLY

EXCLUSIVE

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HOW DO YOU KNOW WHAT YOU

CAN AND CANNOT DO?For employer interested in cultural changes, the

market has exploded with ideas.

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TWO GENERAL TYPES OF STRATEGIES TO

IMPACT CULTURE

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Focus on individual

employees

Focus on policy

WHAT TO LOOK FOR IN

STRATEGIES FOCUSING ON AN

INDIVIDUAL

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FOR EXAMPLE, SIMPLE, BUT EFFECTIVE…

THANK YOUR EMPLOYEES

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IS THE LAW…

A. Simple?

B. Logical?

C. Fair?

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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.”

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WHAT DID THE COURT SAY?

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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

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COURT’S FACTORS ARE EXCELLENT

METRIC FOR LEGALLY HAPPY WORKPLACE!

Formal? If Yes….Performance

Implication?

If yes…Timing?

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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?

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WHAT TO LOOK FOR IN

STRATEGIES THAT FOCUS ON

WORKPLACE POLICY

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FOR EXAMPLE, EMPLOYEE HANDBOOK

POLICIES…SOUND SIMPLE?

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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.”

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WHAT DID THE NLRB SAY?

Violated the NLRA

Reasonable employee would read “positive work

environment” to discourage NLRA protected

concerted activity

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CAN YOU FORCE YOUR EMPLOYEES TO BE

HAPPY?

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WHAT DID THE COURT SAY?

Policy must be understood in context

Still allows debate over work conditions

Reasonable employee standard

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BOTTOM LINE:

Employers can’tmake employeeshappy.

Employers can facilitate a legally happy culture. 28

TO UTILIZE POLICY-BASED STRATEGIES,

FOLLOW THIS APPROACH:

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EXAMPLES:

LEGALLY HAPPY CULTURE

FROM BEGINNING TO END

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THE INTERVIEW…LOOK FOR OPTIMISTIC

CANDIDATES

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GROUP QUESTION: ARE YOU LUCKY?

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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?

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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)

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LEGALLY grateful – Maintaining a

happy culture

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“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.

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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

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ENCOURAGE SINCERE ENGAGEMENT

Social engagement is a condition for happiness.

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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

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HOLD EMPLOYEES ACCOUNTABLE:

ENCOURAGE GROWTH WHERE POSSIBLE

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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?

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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.)

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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

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