“Shirley,” from Atlanta, wrote: “Your recent articles about becoming CEO in a family-owned business and how not to treat your sales staff if elevated to a management position are especially relevant to our situation, and I could use some guidance.

“My father-in-law, ‘Big Al,’ was CEO and ran our ‘point of sale’ manufacturing and sales company here in the South, producing products that facilitate the sale of all sorts of things, such as in-store displays, eye-catching price tags, to fill-in-the-blanks advertising copy.

My husband, ‘Little Al,’ was in charge of the actual manufacturing end of things and had little contact with salespeople.

“After Big Al suffered a disabling stroke, our board elevated my husband to CEO, which has proven to be problematic.

“When it comes to emotional intelligence, Big Al is so warm, always showing appreciation for everyone here, especially our sales staff. My husband thinks that by just paying people appropriately, that’s all they need.

“We have lost two key people because, I believe, he just doesn’t get it or care that people need to be appreciated and their suggestions given serious consideration for the good of the company. We both read you on Kiplinger.com. How can I help him join the feeling human race?”

It’s about more than just being polite

I ran Shirley’s question by two friends of this column, Southern California-based HR consultants Marinor Ifurung and Tim Moreno at the law firm Klein, DeNatale, Goldner.

They were eager to offer practical insights and recommendations, and gave me permission to play the recording of our interview for the couple.

Tim: The consequences of underappreciation and the failure to maintain positive company cultures is why good people are lost. Employees want to work for and with management that is appreciative and expresses it in a variety of ways, “Thank you, for being part of our organization. We value you.”

This is far more than merely being polite — these qualities help to define the workplace as where you want to be.

Marinor: Employers need to realize that it is not just what you pay your people that matters, but there’s a profoundly human need most of us have for our work, our contribution, to be valued and appreciated. Both academic research and real-world experience reveal that without this validation, the effort and desire to do not just a good, but an exceptional job will decrease.

Employers want top talent and competent, reliable employees. A culture of recognition, validation and appreciation is essential to attract and retain these people — and it starts at the top. While there are some employees who do not need or care about that recognition, HR people across the country are finding that more and more do, and leave in its absence.

Tim: We’ve all heard the expression “happy wife, happy life,” and the same thing applies to employer/employee relations. I see a correlation — the happier the employee, the less litigious that employee will be. That is an issue of real significance that can’t be overstressed.

Pay is important, but we are finding that when employees are surveyed anonymously and asked, “What is it that makes you look forward to coming to work?” compensation does not rank high on the list. We’ve found that, for example, where a firm down the street pays slightly more, but where management has created an environment you want to go to every day, most employees comment that pay is secondary.

We hear, “When I come to work, I can do my job, feeling part of a team, having a goal to bring my very best to this terrific company.’

Tim’s and Marinor’s Recommendations

Tim: In a small organization, good morale depends in large part on transparency and an atmosphere of trust. Employees need to feel able to voice concerns — either directly or in an anonymous fashion — without worrying about their job security.

We have found that when employees are encouraged to find ways of just doing things better, it is like a giant shot of vitamin B12. Everyone has a sense of being valued, listened to and their recommendations and opinions respected.

An employer who has a long-term outlook recognizes, rewards and encourages exceptional performance — and, when possible, their recommendations are fast-tracked, proving that management is listening and paying attention.

Marinor: In concrete terms, people love birthday parties, company BBQs, outings to theme parks, gift certificates, and doughnut Fridays, good-quality snacks — and the list is endless.

In place of these nice, fancy things, the simple, one-on-one, “Thank you. I got your report. It looks great,” doesn’t cost a thing, but is often the best gift of all, making the employee feel wanted, needed and valued.

After Playing the Recording

“Al,” I said, “just try those suggestions and look for smiles in return. See how good you will feel. Go through the motions, and the emotions will follow.”

The post Are you an emotional miser with your employees? appeared first on Dennis Beaver.

“Jesus” phoned, wanting to speak with me. Anne, my paralegal, buzzed me, saying, “There is a guy on the phone who wants to talk with you but I can’t understand him.”

It required every ounce of patience to make out what he was saying.

(1) He worked for a company for a total of three months in customer service, dealing with Spanish speaking customers where he performed satisfactorily.

(2) They moved him to the general customer service desk where he was required to speak with Spanish and non-Spanish speakers.  There he failed badly. “Customers complained about my English but I speak excellent English. They let me go saying that I was not a good fit,” but never gave me written warnings of what I was doing wrong.

(He admitted to yelling at some customers who said they could not understand what he was saying.)

It was clear that he was unaware or in denial of just how poor his English was. He had been in the country over 25 years and it was virtually impossible to understand a thing he was saying without constantly asking him to repeat himself, slowly. Each time I did, Jesus became more and angrier — with me!  It was not difficult to see why he was let go after just three months on the job.

Sues the Employer

He filed a complaint with the Equal Employment Opportunity Commission (EEOC) who refused to take his case but gave him a Right to Sue letter. He found an attorney who filed suit against the employer and four years later it was settled for $52,000. 

But Jesus wanted $100,000 and was shopping for a lawyer who would help him. I explained the odds of succeeding–after settling his case–were slim to none and he slammed down the phone.

All of this raises a question: Is an employer required to hire or retain an employee whose spoken language skills are objectively horrible? And, if an employer has someone like that working and wants them out, what is the best way of handling the situation to avoid being sued?

I ran these questions by two attorneys who practice Employment Law, Jay Rosenlieb from Bakersfield, California and Houston, Texas-based David Schein.

Schein: The EEOC has a language ability policy which requires a showing that certain language skills are relevant to the job. So if the employee is a laborer, as long as he understands directions, you are stuck with him. But a customer service rep’s ability to speak understandably is clearly important. You are not required to hire someone for a position that requires good language skills who objectively lacks them.

In general, an employer is best advised not to give any reason why a person isn’t being hired or fired, especially where language ability is the issue. It is easy to scream Discrimination! 

Rosenlieb: Jesus merits a bit of sympathy as it seems that he should only have been required to work with Spanish speakers. His employer had to be aware that the guy’s competence in English was not adequate to deal with English speakers. Yet, if there were complaints about his attitude from customers, that is relevant to termination.

Had I been contacted by the employer, my recommendation would have been to see if there was some other job he could do where he would not be in contact with customers. 

Not Getting Yourself Sued Begins With Hiring Smart

Rosenlieb: The key to not getting sued is in hiring smart. If you have a policy that says you are going to check references, then check references and do background checks! If you are legally able to conduct a credit check, do a credit check! If you have a policy that says you are going to ask applicants to complete a learning style, verbal skills, or verbal reasoning test, then have the applicant complete the test!

Schein: In the HR field we often hear, ‘No good deed goes un-punished.  We met the enemy and he is the boss.’ Here the boss was trying to be nice without coming out and backing up that statement of not being a good fit with their experience with Jesus.

Traditionally, you never say why you are letting someone go, but here that would have been a good idea, such as, ‘People can’t understand what you are saying and your attitude with customers is bad. We do not tolerate anyone who yells at our customers.’

Concluding our discussion about a strategy of keeping yourself out of a lawsuit, both lawyers stated, “Issue written warnings, build your case and document it. Had the employer done so, when presented to Jesus’s attorney, there is a good chance that the lawsuit would never have been filed.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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“With so many examples of sexual harassment coming to light, suddenly a long-suppressed memory surfaced, and frankly, Mr. Beaver, I want my former employer to pay for what they did,” Mary Ann stated during the kind of phone call that lawyers across America are now receiving almost daily.

So what was it? What happened? How long ago and what is this “suppressed” memory?

“15 years ago I was a receptionist at an architectural firm in Southern California staffed by architects from Italy, France, Spain, and Mexico. Everyone was friendly, and even though I understood it is the custom in these countries, I did not appreciate being greeted in the morning, with a hug and kiss on each cheek. I worked there six months, and, while I did not complain, it should have been clear from my body language this made me feel violated.

“I think because of that I have been unable to get close to most people, always keeping a distance. As the same architects are still working there, I want to call them, ask to be paid $500,000, and if they refuse, will tell their local newspaper that these guys are sexual abusers and sue them!

“My 80-year-old mother reads your column in the Eureka Times-Standard and told me to speak with you before doing anything.”

Hope our reader likes police cars and metal bracelets

We ran our reader’s story by Bakersfield Business Litigation attorney James Harvey. “If Mary Ann goes through with this scheme, I would not be at all surprised if she finds herself in the back seat of a police car and in handcuffs. What she is describing amounts to the crime of blackmail/extortion.”

Harvey explained that, while there are some technical differences between blackmail and extortion, “The bottom-line is that it is an attempt to obtain money or property from someone by threatening the use of force or fear. She doesn’t have to carry through on her threat of going to the media in an effort to embarrass these architects and harm their business. Making that phone call is all it takes to complete the crime.”

He was quick to point out a good-faith belief “That a former employer engaged in some type of sexual harassment or other improper behavior isn’t the issue. Even assuming it did happen the way she describes – and her body language made it clear this way of greeting her was unacceptable –stating, ‘Pay me or I’ll expose you to the press and you’ll regret it,’ is never legally appropriate.

“Even lawyers are forbidden from this type of behavior. Those who placed similar sounding phone calls or demand letters found themselves in trouble with state bar associations across the country.

How about the Statute of Limitations?

A statute of limitations is the amount of time you have to file a lawsuit. In general, time starts running from the first day of the first incident of sexual harassment, but in some states, it starts with the last incident. Space limitations prevent a more detailed description of the time limits – which can be as short as a few months – but Mary Ann’s case is clearly time-barred unless a judge can be persuaded to excuse the late filing due to her claim of recovered memory.
Remember the day-care-sex-abuse hysteria of the 1980’s?

With so much publicity of incidents of sexual harassment on the job, it should surprise no one that false claims will be made. We spoke with San Francisco employment attorney “JJ” who offered these cautionary remarks:

“If you recall the daycare-sex-abuse hysteria of the 1980s which swept the nation, we are seeing something like that for employers, physicians, chiropractors, dentists, optometrist, and lawyers by dishonest, often mentally disturbed former employees, patients, and clients.

“Suddenly, their memory of some event 30 years ago of improper behavior has awakened. Often we find the more money the other side has, the better the memory. The degree of fabrication is stunning and if you ever get a phone call from someone like Mary Ann, don’t say the wrong things,” he cautions.

And if you do get a call from someone like Mary Ann?

“This is one time where silence isn’t golden,” attorney Harvey observes, adding, “but you do not want to get into a shouting match.

“The best way to respond is to say, ‘This a serious accusation you have just made, and I would like your permission to record the remainder of our conversation. If you are not willing to have this conversation on the record, then I cannot talk about this without any way to establish what I did or did not say in response.’”

This might be a great time to know how to use your cell phone’s “record” feature.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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April 6, 2013 • By Dennis Beaver

While there are hundreds of thousands of cellphone applications — commonly referred to as apps — which claim an ability of doing almost anything, some are downright dangerous to your wallet if believed.

Sergio discovered just how costly certain apps can be when insurance for his restaurant was up for renewal and “a risk assessment evaluator came here, and using cellphone apps, measured noise and light levels, then issued expensive building modifications orders if we wanted our insurance to remain in force,” he told You and the Law.

“He did not have any professional instruments, only his cellphone, and claimed that noise and lighting levels in kitchen and customer areas were so bad that I was in violation of OSHA requirements. I objected, but he stated that what he was using was just as accurate as anything available and his company stands by them.

“This makes no sense at all. I have never had a problem in the past, do not believe their numbers can be trusted and don’t want to lose my insurance or spend a small fortune based on cellphone apps. I have two questions:

• What is the procedure for challenging this inspection?

• As opposed to hiring a private safety evaluation company — which I know could cost a great deal of money — are you aware of reasonably priced instruments on the market I can buy which would give accurate information to show the insurance company?

Get your agent involved

We ran our reader’s question by Don Charpentier, who has been a general lines insurance broker in Bakersfield for more than 35 years. “Sergio needs to involve his insurance agent immediately,” was his advice, adding, “Common sense dictates that you cannot rely on a cellphone app and then tell your insured to go out and spend thousands of dollars on building modifications.

“A competent agent should arrange for a reinspection and verify that properly calibrated equipment will be used. But if his agent will not help him, please tell Sergio that he must find a different agent and new insurance carrier. Rates based on incorrect findings have a way of sticking around for a long time, even when proven wrong, Sergio must not delay,” Charpentier stressed.

App numbers would have put Sergio in violation

Sergio was extremely observant, jotting down the names of these noise and light apps and noting that the evaluator used a Samsung Galaxy S3 cellphone. Using the same type of cellphone, we downloaded the apps, comparing the numbers to professional sound and light meters sent to us by Extech, a leading manufacturer of test and measurement equipment.

They were so far off as to be a joke, only no one was laughing. If believed, those numbers would have put Sergio in violation of OSHA regulations.

Sam Ruback, an Extech product specialist, told us this situation isn’t that rare.

“It is important to understand the limitations of cellphones versus professional sound and light meters. With an increase in noise pollution-related issues, it is a challenge to educate the public that integrated cellphone sensors and apps cannot be relied on. Here’s why:

• Cellphone electronics are designed for conversation and photography. They are not intended to provide accurate measurements required in industry or law enforcement.

• Professional meters are calibrated to validate accuracies against traceable National Institute of Standards and Technology (NIST) standards. This is not possible with cellphones.

“These factors often lead cellphones to show extremely significant errors of 30 to 40 decibels or 100s of lux (light measurement) errors,” Ruback warned.

To buy or hire a safety evaluation consultant

We spoke with a number of firms which conduct OSHA-type safety evaluations and learned that an average cost, including a report, would be around $2,500.

“But that’s not the best use of your reader’s money,” Charpentier firmly believes, “because these issues will come up again. It could be an employee who claims a hearing loss or customer who argues that the restaurant was too dark, which led to a fall. So it is in his best interest to have his own, accurate noise and light measuring devices, assuming the cost are reasonable.”

When we researched prices for these devices — manufactured by a number of companies — our recommendation for Sergio was easy. For well under $500, accurate, fully professional meters are on the market. Their numbers would stand up, not only to his own insurance company, but for someone making a claim against the restaurant.

And while we are on the subject of noise, before spending hundreds of dollars on “noise cancelling headphones,” don’t miss next week’s article, because we’re going to save you some real money.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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This is one of the worst flu seasons in many years.

A few days ago, infectious specialist “Dr. M” called from NYU Langone and asked that I discuss the risks to co-workers, when someone with a cold or the flu uses over-the-counter symptom-reducing medicine, goes to work instead of staying home, and spreads the virus.

“Most physicians are upset with television commercials promoting the use of these medications which encourage dangerous behavior that results in making a lot of people ill,” he said, adding, “the flu kills thousands of people every year and these drug companies should be ashamed of themselves.”

Does This Sound Familiar?

We’ve all felt a cold — or something worse — coming on, and thought, “I feel horrible, but there is so much work to do. I can’t stay home!”

So, we reach for that bottle or package of “multi-symptom cold and flu medicine,” gulp down a tablespoon, pretty soon feel a lot better and head off to work.

Yes, ideally we should stay home to protect others, we know that, but somewhere in the back of our mind are those television commercials showing people who get in the swing of things because of the cold medicine, going on a date or out skiing, having dinner with family and friends.

However, a few hours later when the stuff wears off, and we are again coughing, sneezing, and spraying virus everywhere, the boss takes us aside and says, “Go home and do not return until you are better. If you show up sick, you risk termination.”

If you come back the next day, still sick, can this legally be the basis of getting canned?

How should employers deal with these issues?

Cost to Employers

I ran this topic by Southern California labor and employment attorney, Jay Rosenlieb, asking, “When just one employee has a cold, what does this cost the employer?”

“Dennis, most people have no idea. The numbers are staggering. According to the CDC, Harvard Business Review, and Kaiser Permanente:

“The economic losses range from $1,685 to $2,945 per year per employee due to lost productivity from absenteeism, with the overall cost of sick employees in the U.S. reaching hundreds of billions annually due to both absenteeism and “presentism” (working while sick) and having to care for ill children or other family members.

This is broken down into:

Direct costs: Sick leave paid to the employee while they are out ill.

Indirect costs: Reduced productivity when an employee comes to work feeling unwell, spreading illness to co-workers.

Impact on team dynamics: A sick employee can disrupt workflow, requiring colleagues to perform their jobs.

“And that’s just when one person is sick. So, just imagine when that one person still comes to work and spreads virus, causing others to fall ill. The issue must be addressed in a policy that all employees are made aware of and is posted where everyone can read it,” Rosenlieb underscores.

Sample “When you are Sick” Language

Rosenlieb suggested using this language that should be posted in locations where all employees are certain to see it and put in as an envelope stuff with their paychecks.

(1) If you don’t feel well, stay home!

(2) If you are taking medication that suppresses cold symptoms, including fever, coughing, aches and pains, sneezing do not come to work because you are still sick and can make others ill as well.

(3) The fact that you may not be showing symptoms temporarily after taking these medications does not mean you can’t infect other people.

“Most employers,” Rosenlieb points out, “no doubt recall the nationwide guidance issued by OSHA during the COVID-19 pandemic which stated, ‘Regardless of whether it is the common cold, the flu or COVID-19, your temperature has to be normal without having taken Tylenol or aspirin. If you are taking these medications, do not come to work as you are still a risk for other people.”

“The Next time is the Last”

Rosenlieb advises employers to tell “Bob” that he is displaying cold symptoms, has the rest of the day off and to use sick pay, if he has any, and if not, a vacation day, and if not, he will not be paid.

He also must be warned that coming to work sick the next time may very well result in termination, as he is exposing others to the risk of becoming ill.

“It is important to emphasize that the employee would not be terminated because of their illness, rather, because they willfully were exposing others to infection.”

Pharmaceutical Manufacturers

I emailed several pharmaceutical companies that produce these cold and flu remedies asking: “What is your moral justification for the message: ‘Sure, you are sick, but just take our medicine, be selfish, enjoy yourself and don’t worry if you make others ill.'”

It has been weeks and no one has replied.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

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“In the era of The Great Resignation, there is a tool – a path – as old as humanity itself which can be the most effective way to show employees that the boss really does care about their welfare and wants the best for them,” notes Jacqueline Carter, senior partner at Potential Projects, a global consulting and leadership development firm, whose goal is “To create more human worlds of work.”

Their clients include Fortune 500 companies, such as Disney, Ikea and Unilever.

Along with Rasmus Hougaard, their just-released book, “Compassionate Leadership – How to Do Hard Things in a Human Way,” describes the steps that “Break down walls of indifference and a lack of caring that in many ways still dominate American business,” she points out, adding:

“As the greatest expense for most business is personnel, it is critical that we retain good people. But far too many organizations fail to spot the wrong messages they are sending, fail to seize opportunities which will deepen bonds of trust. That’s why we have studied and developed practical, workable solutions,” she said.

So, just what is compassion? What are the consequences to an organization when management fails to understand this concept in today’s business world?

Compassionate leadership gives readers tools, an insightful paint-by-the-numbers approach to becoming a more effective leader through understanding and implementing this vital concept. It is also a very touching, inspiring read.

The Failure to Understand the Role of Compassion is Costly

“In any organization, a failure to understand the role of compassion will predictably result in the loss of your best talent and limit opportunities to manage change and innovation in today’s business environment,” Carter points out.

The authors explore compassion’s broad meaning and function in both society and business organizations. “It is wanting to be of benefit and is distinct from empathy which is an emotion. Compassion is an intention – a desire – and we found that truly competent leaders connect with empathy but lead with compassion.

“It isn’t about being everyone’s best friend, or ‘being nice,’ rather it is about being able to show up as someone who truly cares, but is able to do and say the hard things that need to be done in human way.” This point is illustrated throughout the book.

In a sense, compassion can be defined as wanting to be kind, showing that you care and both asks and answers this question: “How can I help?”

As any HR manager will tell you, one of the reasons for The Great Resignation has little to do with money, but everything to do with the boss being a decent person.

The authors make clear that, especially these past two years, it means being aware of the challenges facing employees, both on the job and at home. Compassionate Leadership gives readers an approach to showing that they care and are curious – truly want to know how their employees feel, what their concerns and worries are, truly wanting to know, “How can I help?”

“Compassion is the opposite of indifference, and it is one of the essential qualities that determine whether one is a decent human being. A compassionate leader does not pretend to have all the answers. To the contrary, that leader will be fully present – physically and mentally – encouraging all involved to share their curiosity and points of view in problem solving. In a word, the compassionate leader is the very definition of caring transparency.”

Being Candid in a Caring Way

“Compassionate Leadership,” Carter underscores, “does not mean simply telling someone what you think they want to hear. Rather, it requires the courage to step into things that are challenging. The compassionate leader is able to say what needs to be said in a kind and caring way. It is different from brutal honesty.”

Of course, there is a fine line between being candid and being accused of maintaining a hostile work environment or allegations of discrimination.

“The solution to this problem,” Carter believes, “requires learning how to communicate those difficult things in a better way, and not avoid being clear out of fear of a lawsuit.”

She asks this question: “Would you like to work for a boss who only cares about production and not the welfare of employees? The choice is obvious, and our research proves that leaders who can do both – be goal oriented and care about their employees – are far more successful.

“Employees are expecting to see more human leaders today and we can train ourselves to be more compassionate in our daily lives. Additionally, these principles can be applied to our interactions with family and friends.”

Once you begin to read “Compassionate Leadership – How to Do Hard Things in a Human Way”, you will have a difficult time putting it down because it is so interesting and relevant. For a look into the future, to the human directions the business world is moving toward, visit www.potentialproject.com. It will be well worth your time.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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A truly fascinating, just released book by Psychology Professor Becca Levy of Yale University shatters many of the basic – and completely wrong assumptions – that we have been told were gospel about aging as far back as most of us can recall.

“Breaking the Age Code – How Your Beliefs About Aging Determine How Long & Well You Live,” provides answers to challenging questions facing both employers and America’s aging population itself.

Recently I had a chat with Dr. Levy about the myths of getting older – how age impacts what we are able do. If you thought that the mere act of flipping pages on a calendar meant a decline in mental and intellectual health and that “You can’t teach an old dog new tricks,” then step right up here for a doggy biscuit, because today’s story will dispel that belief.

For, as her book makes clear, “Thinking ourselves old is a self-fulfilling, dangerous prophecy.”

She is on a mission to convince an aging population to believe in themselves, and realize that candles on a cake have no connection to reality – for the person blowing them out or their employer.

I asked her to list several of the more common myths about aging and their consequences for our society, the world of business, and each of us when we wake up one day with a wrinkle that wasn’t there before.

1 – Believe that your older workers are not as effective in the workplace. Reduce their job responsibilities.

Research Proves: Both anecdotally and decades of research has shown that older workers take fewer days off for sickness, and reflect a strong work ethic that rubs off on younger colleagues. From their employment experience – and life lessons – they often find effective shortcuts to accomplishing tasks more rapidly.

Also, giving in to such a bias is an invitation for an age discrimination lawsuit.

2 – Be convinced that older workers lack the ability to be creative.

Research Shows: Creativity often continues and increases in later life. Artists, including Matisse, are credited with producing their most innovative work at an older age. Many writers will admit to finding their skills – their craft – improving with age. The average age of “60 Minutes” journalists is 71!

Successful startups are more likely to be run by entrepreneurs over 50 than under 30. Certain skills combined with creativity enable us, as we get older, to get better at problem solving on the job.

Having resolved conflicts across a lifetime keeps specific neurons active in making connections – and better able to respond to new conflict situations which arise in every organization. The simple fact of aging and successfully managing real-world conflicts is a huge benefit to employers.

3 – Older people in general don’t contribute to society and are selfish. On the job, they don’t help co-workers and only think of themselves.

Research Shows: Older workers seek close, positive and productive relationships with coworkers. From a lifetime in a particular field, they are more able to see the pot holes an employer needs to avoid.

Altruistic values were found to increase dramatically, while selfish behavior was uncommon. In general, older people engage in legacy thinking, wanting to help create a better world for their families, employers, friends, and a true desire to benefit society.

4 – Believe that health is entirely determined by genetics and biology and that attitude plays no role.

Research Shows: You may just shorten your own life span with this thinking! Studies show that only 25% of longevity is determined genetically. The other 75% is due to the influence of environment, psychological factors, personal beliefs and especially those about aging.

Culture in the form of age beliefs has a powerful influence on the health of older individuals. Positive beliefs – the idea that I am competent at what I tackle, creative and a good source of advice for family and friends – will greatly reduce the influence of propaganda that older people lose these abilities. Positive beliefs have a proven impact on cardiovascular health, mental and psychological well-being .

5 – Believe that there is little to be gained by hiring or training older employees in high tech, as you will be facing the “Old dog new tricks” frustration.

Research Shows: The brain, instead of reaching a maximum learning ability at around age 25 – the dogma of years ago – in fact is an organ capable of acquiring new skills at any age. Don’t allow flawed thinking to cheat yourself out of a real asset to your company.

6 – Fail to include age in diversity training programs.

Research Shows: This failure will be seen as a validation that older workers are worth less than younger. Surveys of employers in 78 countries showed that only 8% include age in diversity, equity and inclusion policies. Just think what they have lost!

Concluding our interview, Dr. Levy wants employers – from the small, mom and pop corner market, to CEOs of Fortune 500 companies – to understand the reality facing America’s aging population.

“Not all people want to retire or will be financially able to. We know from decades of experiences that an active mind and body keep us healthy. Strengthening positive beliefs about age gives us a longer, more productive and happier life.”

I can’t think of a better gift for that CEO – or spouse – who looks in the mirror and sees their mom or dad, wondering what life will be like for me as I age? What can I do now to influence how I will be as those pages on the calendar flip by so quickly?

“Breaking the Age Code – How Your Beliefs About Aging Determine How Long & Well You Live,” will give you the answer.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Janet, Laura and Maggie (names changed) are preschool teachers at a Christian school in San Bernardino. The divorced friends are in their mid-30s, and with their children, share a house together.

The school has a contractual policy requiring adherence to Christian principles of honesty and against any form of homosexual behavior by either teachers or students. Under current law, religious schools are free to have such policies, while public or for-profit private schools may not.

All were physical education majors and are still active in competitive sports. But there was something about their appearance that bothered another teacher for a long time.

“If they aren’t lesbians, then they must be overgrown tomboys,” Tiffany told several colleagues at school one day. “I am certain they are gay!” she announced later to another group of both preschool and kindergarten teachers, adding one interesting “fact,” as she described it. “I have seen a photograph of them kissing each other, here, on the campus!”

Odd looks and whispers

But there was no such photograph. Yet, within hours of this malicious gossip, the lives of three completely innocent people were turned upside down. If anything threatened a “hostile work environment lawsuit,” this did.

When word of this gay issue reached the principal, she asked the school’s attorney to conduct a thorough investigation. The day selected was a Friday, for if a decision to terminate was going to be made, there would be time to clear out personal belongings and arrange for a replacement.

“First of all, we are not gay! We got the strangest looks from so many people. When we found out what was being said of us, we were all in tears,” they told the school’s lawyer, who asked that I keep his name confidential.

“This is not an issue of your sexuality,” he replied. “Rather, Tiffany has clearly created a hostile work environment by gossiping and spreading rumors. Office gossip about sex or sexual orientation is an invitation for a lawsuit, something the school does not want.”

Over the course of several hours, the attorney discovered that Tiffany — whose mother is a minister, if you can believe that — had originated false rumors about one teacher allegedly being physically abusive to a student, and that another instructor’s daughter was pregnant! She had been warned to knock it off by a supervisor.

“I concluded that little Tiffany is malicious and a danger to the school. I felt a personal sense of relief in telling her to collect her things on Saturday,” he told me.

The types of gossip that will get you fired

If anyone is looking for a place in line at the unemployment office, then just spread the word that your supervisor is having an affair with the CEO’s wife. That will earn real brownie points.

Or, speculate aloud about a co-worker’s alcohol issues or addiction to porn and drugs, and possibly having a sexually transmitted disease. Let everyone know that Bill had a DUI 10 years ago — a fact he’s ashamed of.

What? Sue got fired from Wal-Mart five years ago for stealing? Let everyone know you can’t trust her. She just might get your job.

Gossip denounced by all major religions

All major religions denounce the spreading of rumor and gossip. What appears in holy books applies to the workplace for the same reasons. Rumor and gossip is destructive, even if true. If certain information is relevant to the job, it should be told to a supervisor, or the HR department, in confidence.

Gossip damages morale, creates doubt, anger and frustration, a perfect recipe for workplace violence or a suit against the employer — and gossiper — on a variety of legal theories. “I learned in this investigation the truth of the saying, ‘If you can’t say something nice about someone, don’t say anything at all,’ ” the school’s lawyer so correctly stated.

No warnings necessary

While Tiffany was merely warned to cool it, it is possible to be fired after a single episode of gossiping about a co-worker. It will depend upon what was said and the degree of harm caused.

After Tiffany was gone, without mentioning her name, a schoolwide meeting was held with faculty and support staff. They talked about the seriousness of gossip and rumor, and what it can do to an organization.

“Cut a feather pillow open, on a windy day, walk to an open window and shake the pillow. After the feathers are gone, gather each one and bring them back. It is impossible, as it is equally impossible to take back all the unkind things said about others.” (Paraphrased from “Who Knows Ten? Children’s Tales of the Ten Commandments” by Molly Cone.)

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Advice from a remarkable Canadian:

Are you seeing things on the job which you believe to be illegal, want to report it but are worried about retaliation, possibly losing your job? Have you thought, “If I become a whistle blower, what could this mean, personally, for my family and friends?”

“If you do not pause and ask these questions before taking that action, blame no one but yourself if the next few months or years are a living nightmare,” cautions Ron Lewis, now retired from the RCMP, the Royal Canadian Mounted Police.

A member of the RCMP for over 35 years, the last 10 of which at headquarters in Ottawa where he was elected representative for RCMP members. There, he and others discovered a scam involving tens of millions of dollars diverted from pension and insurance funds involving RCMP senior management.

“As I was elected to the position by the membership, no one at the RCMP could remove me, a luxury which most whistle blowers do not have,” he observes, adding, “Several of my colleagues suffered greatly from their work in revealing the extent of the thefts and cover-up.”

Go to the immediate manager — Verbal at first

“Once an employee discovers concrete proof of wrongdoing, unless there is a protocol established or in a handbook, the place to begin is with the immediate manager over the person or people who are the wrongdoers,” Lewis recommends.

“It is in the verbal realm at this stage, with an effort to bring to the attention of management a serious problem, and you are not yet a whistle blower. Many times, going to the top will resolve the problem. But when it does not, it is most often because the manager is involved or feels this will reflect poorly on his management, and this is when the cover-up begins.

“Taking this to the next level, you will be labeled as a whistle blower when all you were trying to do is the right thing. You make it official by putting it in writing and then go to the head of the organization or officially designated person for whistle blowers, if there is one.

“Even that may not resolve the problem because if corruption is at the top, they can over-ride the whistle blower process–audits and internal investigations, for example — because they have that authority.

“Follow every designated process in order. Don’t skip steps.”

Strong enough?

“Am I strong enough? Do I have the financial ability? Can I pay the price? You simply must ask these questions, even before your first conversation with that manager,” Lewis maintains.

“Realize that what you are about to embark on is a voyage which can take years to complete through unimaginably rough seas. You need support from your family as everything valued and cherished — marriage, family, children, friends, job — is at risk. Everyone around you can be affected.

“Marriages can crumble. Because of the time and energy these battles consume, children lose the close presence of their parents. When there is a cover-up and retaliation, whistle blowers suffer, family and friends often do not understand why you are being punished if you are doing the right thing. Families can feel abandoned by the whistle blower. ‘If you are doing the right thing, why did you lose your job?’ they will ask.

“Who should not even think about being a whistle blower?” we asked. “The majority of people!” Lewis immediately answered.

“Their livelihood is at stake. When you stand up and do the right thing, even with laws on the books offering whistle blower protection, expect to be punished. This is generally not something for a young person with a family and a mortgage. People who cover up know this. Even if you don’t get fired, you will pay.

“You need to find allies — including silent partners who can provide information even while they remain anonymous. Two or more voices give more credibility. Those on the inside who will feed you what you need.

When nothing happens — What now?

“Assuming that you have exhausted every internal process and met with failure, your next step is to contact whoever is politically responsible or who has power to look into your complaints. In addition, you must get the media involved immediately.

“This is a last ditch effort. And this is why it is so critical to have people behind you with credibility.”

Ron Lewis was directly responsible for the recovery of millions of dollars for the RCMP and received their highest commendation as well as from the Government of Canada. Google: Ron Lewis RCMP Fraud for a story of great courage shown under extreme pressure.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Escape from the planet of the lawyers appeared first on Dennis Beaver.