April 2014 Compliance and Culture Newsletter


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“You have a choice. You can make things happen, wait for things to happen, or wonder what happened.” – Dr. Alan Zimmerman
This issue discusses:
Editor's Column: Mindful HR
A Scary Poll for HR and Other Executives
People, Robots, and Technology
Sales Commission Agreements and Post Termination Compensation
FMLA Claim Denied Due to Employee Caused Confusion
California Court Awards $100,000 Judgment Against Frivolous Plaintiff in Discrimination Case
Question of the Month
We have also provided you with the Form of the Month.
Please click here to view the newsletter in PDF.
Editor's Column: Mindful HR
“Mindfulness” is fast becoming a buzzword. Long the bastion of New Agers, it’s showing up in everything from the Wall Street Journal to the World Economic Forum. Mindfulness has been championed as a methodology for present-moment awareness—awareness that’s neither judgmental nor critical, but simply aware. There’s a growing body of evidence that mindfulness lowers stress, combats fatigue, and helps address problems related to substance abuse, eating, sleeplessness, and weight gain. The bottom line:  It can be a total or partial antidote to a wide range of maladies. Mindfulness also has an upside. Many of my most creative and innovative thoughts have come when I've rested in the silence of mindfulness (“the space between the thoughts”).
You can practice mindfulness many ways, including meditation, yoga, walking, lying down, breathing, and other activities.  It’s less about what you’re doing than who you are in that moment. Hospitals, corporations, wellness programs, and coaches are all expanding the use of mindfulness as a valuable practice.
Much of mindfulness has to do with our intention in the moment. It's hard to be mindful when you’re running 75 MPH or trying to control a situation. Mindfulness is about being with the situation. If your intention when going into a sales meeting is to see how much money that prospect can make you, he or she will sense this. However, if you’re thinking about how can you serve another human being, the outcome can be profitable on an entire other level.
If you go to an executive meeting intending to see how see how large a budget you can get for your team you'll have a different outcome than if your intention is to do what’s in the best interest of the company and its customers.
If you aren’t already doing so, I encourage you to use mindfulness in your HR practice. Here are some resources for additional information:
The Institute of Noetic Sciences
Mindfulness Magazine 
Be Here Now by Ram Dass
The Power of Now by Eckhart Tolle
The Five Keys to Mindful Communication by Susan Gillis Chapman
Peace Is Every Step: The Path of Mindfulness in Everyday Life by Thich Nhat Hanh
A final note: Mindfulness is not about crystals and New Age froufrou. It has been practiced for centuries worldwide. While it might not all have always been labeled as being “mindful,” millions have enjoyed its benefits.
A Scary Poll for HR and Other Executives
The March 24 CNN Money Magazine Poll of the Month asked "What do you most want for your career and 2014?" More than 6,400 employees responded this way:  33% of employees were out for a raise; 24% sought a promotion; 31% were looking for a new job; and 12% of employees wanted to switch fields. When you add those last two numbers, nearly half of employees (43%) are looking to leave their (your) company – instead of seeking a raise or promotion!
The Gallup organization says that 70% of workers are not engaged in their jobs. When you think about it, this means 27% of the people who are engaged still want to a promotion or raise.  What nerve! I guess they need the money.
When you consider the high costs associated with turnover, these statistics should concern any firm.  Organizations that engage their employees and keep them on board will be in far better financial condition than their competitors.
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