What October 1 Means

An email from one of the officers of the Los Angeles chapter of California Staffing Professionals reached me today. The subject line read "What does October 1 mean to you?" I had an immediate visceral reaction to the heading. I began reading it; my next reaction was not as acute but still strong. The message related to the deadlines approaching on October 1 in which employers need to provide various notifications to their employees.

In case you aren't aware, my first path was law. After being in support positions for many years, I was able to appreciate that work and realize I needed more challenge and more knowledge. Those introductory years were useful for making the decision to sit for the LSAT and apply to law schools. After more than a year and a half of attending law school, disruptions happened that caused me to have to leave. The evaluation period before making the applications was useful for focusing on a specialty and why. But there were detours that needed to happen in order to enrich the future and make a more insightful practitioner and counselor.

Law is like breathing for me; it gives me life. It propels me where little else (except music) does. Law loves me and seduces me to return to it. Where I initially planned to be a either a transactional law or tax lawyer and engage in public interest law as a social mandate in my private life, it appears the reverse is actually my path. If only I could slice through the jungle of barriers that would make re-entry possible.

But back to October 1 and what it means to me.

What October 1 means to me is the beginning of Domestic Violence Awareness Month. No matter where we are, we're in a workplace where the need to be aware and sensitive to the issues of violence and safety are paramount. No matter where we are, we're in a workplace where bullying and harassment can become issues. And when it comes to background checks and something bizarre comes up in our reports, be mindful of the fact that some survivors do not feel compelled to reveal that they have that status. What's paramount to them is that they need to get a job in order to pay bills and rent and buy food in order to continue to survive.

There are at least five types of abuse. It's critical to be aware of the dynamics of each of them. Psychological abuse is aimed at shattering a person's self confidence. It leaves no physical scars nor visible maiming but it nevertheless leaves a profound impact on the survivor that makes them question their validity at nearly every turn. Isolation can come from exacting defamatory impressions about the target that discourage others from associating with them. The defamation will lead to failed attempts at gaining meaningful employment as well as social relationships.

Economic and financial abuse will leave the target's financial history tarnished at best. They will find their credit records in shambles. They will be accused of stealing or other financially objectionable behavior. Their assets - and everything they have slaved to earn and amass for their own future - are now in then hands of their abuser. And the abuser (who has access to all of the target's personal identifying information) has managed to take possession of the target's property of every type.

Fear is another tool used by the abuser. They use it with such expert precision. It's useful for trying to avoid more painful situations or just plain pain. Fear of loss of valued things or associations can be a source of instilling a need to avoid pain and suffering.

Pain and suffering goes along with physical abuse. We've all seen images of the black, puffy eyes or the crumpled and twisted nose. We've heard about the objects shoved into human flesh. Some of us have even heard the thumps and bumps on walls and heard the arguments accompanied by screams of pain.

But what about the temporary restraining orders that were quashed by the non-comprehending judge pro tem? That act then left the survivor exposed to any type of harm the abuser decided to exact upon their target. The well-meaning soul who wanted to reconnect the two individuals because the abuser talked about how they regret their past acts. Little do these well-meaning samaritans realize the grief and regret expressed by the abuser is feigned in order to induce betrayal of their target's whereabouts. Therefore, the harm will resume.

Domestic Violence Awareness Month is very important. I wish more people would take it more seriously and not make condescendingly sympathetic sounds that are meaningless. It would be good if people were truly able to relate to how important it is to all of the workers in the work environment, whatever it is.

Sponsored Link:

Reflections of a Domestic Violence Prosecutor: Suggestions for Reform

Perspectives on the Incident

Over the past several weeks to two months, it's been my privilege to watch the various reactions as people rush to judgment without investigating. It's amazing what people will do when they hear only one side of an issue and do not hold up to contrast the other person's side of the story and then compare those to what onlookers saw, heard, experienced, and felt. What's also interesting is what comes out when there is no investigation, when there is little investigation, and when there is documented protocol on how to handle things.

No Investigation

What a horrid state of affairs this begets. There's the "victim's" version of what happened. There's the "actor's" version of what they did. Mind you, either of these two roles in many instances can be reversed with regard to the identity of the very same two people. It just depends on who you're talking with first and at what point in time.

Let this situation go on with no investigation and what results is usually called "a mess." There are the hurt feelings of the one who could have been damaged (or was). The shock they endured from either having their privacy invaded or from an actual blow cannot be undone and the redress they seek and do not receive only makes things worse.

Let word of this incident get out (plus the fact that it's gone without resolution) and you've got one humdinger of a gossip mill. The tensions and ill will can mushroom from the gossip alone.

It's imperative that the incident be thoroughly investigated in order to crush the rumor mill and keep the healthy office morale that existed – or else determine what to do now to improve it.

Too Little Investigation

There can be an investigation. Unfortunately, some of these peremptory examinations are biased because the examiner knows one of the parties and is biased toward them in one way or another. The danger is when the examination is conducted without regard to pre-existing relationships. Make certain the potential conflict of interest is minimal to non-existent.

There is a tendency to try to find the most favorable reasoning for the actions of the actor. Very little due diligence is given with regard to the victim's version of what happened. In fact, the victim will be found at fault and very little research into the matter will be attempted.

There’s very little attempt to see the situation from a blank slate nor to reason through some of the explanation in order to see the holes. There is no checklist to remind the investigator of matters that should be check, photographs (or recordings) that should be taken, nor other forms of evidence that should be collected and preserved. Did anyone keep a journal or look for memos and emails that led up to the situation? Also remember the accounts of witnesses who were involved in the situation either marginally or were directly at the scene when something occurred.

Also remember to record whether the witness(es) have some type of pre-existing relationship with either of the parties. When the statements of your witnesses all seem to follow precisely the same theme, consider what the witnesses have in common.

What usually happens in this scenario is that the victim is found at fault. No one follows up with them and they are left in the dark with regard to whether the investigation is ongoing, completed, or whether new questions have been raised and need to be resolved in order to get closer to the truth of what happened.

This can prove to be costly in the long run. The actor will continue on their merry way, feeling completely vindicated and justified in repeating what they've done. They have the impression that they have license to act in the same manner with anyone to the same degree (or more). They have no remorse for their actions because it was not made manifest that they were the source of the wrongdoing.

Meanwhile, the victim is growing increasingly irate because their issues have not been addressed (nor will they ever be). In their estimation, they're being ignored and lessened as both a person and an employee of the company. They will hear only one side of the matter if anything was investigated and begin to wonder when exactly they began losing their mind in regard to seeing black and white because the "wanting" facts of the investigation are so inaccurate and slanted.

The company loses twice on this situation. It loses credibility with those who saw the situation for what it was and realize there was no thorough investigation. It also loses credibility with the victim who will ultimately decide to go to another firm. We will not consider the quality of work product nor goodwill that is lost.

Using Standard Protocol

An up-to-the-minute HR department has the tools it needs to make a thorough investigation. The examiner needs to be astute and thoughtful in regard to human nature (sometimes even psychology) as well as the laws that affect workplace security and safety. It is important to have a checklist of matters that should be discussed and investigated. This checklist has the desirability of leaving nothing to memory as far as what to ask of whom, what still needs to be investigated, as well as periodic (important) reminders of what is being investigated and the significance of what the parties are telling you as you work through the investigation.

This may have been a long-term situation that hit a boiling point. Did either of the parties keep some type of log of their interactions or a paper trail of them? If so, make certain to collect a copy of that log. An ideal situation is when both parties kept such a log or responded to the emails so that there is a record of both voices. Why is it ideal? Over and above the obvious, the log will show the communication styles of both parties. It will also show nuances of speech that can be misinterpreted and where misinterpretations were made, by which party, and when.

Remember the Follow-Up and Closure

There’s nothing quite like having someone square their shoulders to finally make a complaint about a situation and then find they’re getting zero feedback in regard to the progress of the investigation or whether anything at all is being done. It leaves them in a void. With the taint of the old fashioned version of HR (management’s henchman in nice clothing and honey coated voices) is still implanted in the minds of even those in their 30s. It will be quite understandable that when they are living and working in the cone of silence, there will be a sense that everyone in the office is annoyed with their work performance and complaining about it behind their back.

How much isn’t too much? Allow the person filing the complaint to know that the investigation is ongoing. Some additional information has come to light that still needs to be investigated to determine whether it is relevant to the situation and to what degree. If there’s need for additional information from the person who filed the complaint, they will be contacted.

Also provide the person with information about who to contact if they have questions about their performance review. Trust me, they’re wondering and their anxieties are causing their once productive and fertile mind to leap baseball fields with notions of what’s happening.

You may now be wondering where you can find resources to lead you through the clear path to success on this topic. Well, it just happens that I can provide a few for you (and I’d be more than willing to provide a presentation for your company).

Resources:

Violence in the Workplace (General) - This policy statement article requires membership to the Business & Legal Reports site. I know the content you can expect from this site. It will pay off several times because of the range of information available through them.

Violence Prevention Checklist - From HR Tools, this will require registration with the site in order to access this excellent list of things to consider for workplace violence and many methods to prevent it.

Workplace Violence Checklist - Although it doesn’t directly address the topic of investigating some type of assault, this checklist from Louisiana State University is quite useful.

HRTools.com - Produced by Knowledge Point, this press release provides access to some of the resources available on workplace violence, its impact in various terms, and information on how to handle and prevent it. You should check the other resources available on the HR.com site.