Delaware Employment Law Blog

A recent spate of highly-publicized stories about employees quitting their jobs have given our attorneys a good laugh—and caused us to think about good employer-employee relationships.
The most popular story so far is that of Steven Slater, a JetBlue flight attendant who quit after he was hit in the head with a piece of luggage while trying to convince an unruly passenger to stay in his seat. It appears that after being hit, Mr. Slater lost his cool, used the airplane’s intercom system to curse at the unruly passenger, grabbed a beer from a beverage cart, and then made a dramatic exit from the grounded plane by deploying the plane’s emergency shoot. CNN reports that during his intercom rant, Mr. Slater stated that “I’ve been in this business 28 years and I’ve had it.”

A similar story involving a woman named Jenny is also making the rounds. Jenny apparently quit her job in a series of pictures circulated to her entire office. Jenny was spurred to action after overhearing her boss call her a HOPA, which she later learned stood for “hot piece of ___.” In response to her boss’s inappropriate remarks, Jenny shot 33 pictures of herself holding a whiteboard. Each picture included different text on the whiteboard, describing the unpleasant treatment that Jenny had suffered as an office assistant. Among the pictures was one revealing that her boss spent 19.7 hours per week playing online games.

Both Steven and Jenny are currently receiving a tremendous outpouring of support online. This support likely derives from the fact that everyone has had a bad job, and wished that they could quit with gusto! As TIME noted, Slater “got to do what so many people wish they could do—tell off a rude customer, then quit, triumphantly. Which makes him, for today at least, an Internet folk hero.”

While these stories are endlessly entertaining to the on-line community, no employer wants to be on the receiving end of this type of publicity. So treat your employees well, and minimize the incentive for them to quit with a flourish. A new rule of thumb might be that if you wouldn’t want your conduct circulated to the office via 33 whiteboard images, you probably shouldn’t be acting that way.

{Update: The day after this post was published, the "HOPA" story was revealed to be a fake. Nonetheless, the lesson for employers--be nice to your employees--is still applicable.}

Some small businesses have managed to come out on top—despite the difficult economy. In this month’s edition of Inc. Magazine 20 small businesses are celebrated as the Top Small Company Workplaces.  The winners and 20 finalists are selected by Winning Workplaces and are recognized for achieving business success through exemplary people practices and outstanding workplace cultures.

Winning Workplaces reports some of the highlights of the 2010 award winners:

• 100% of winners profitable in 2009
• 90% of finalists profitable in 2009
• 36% average revenue growth, 2007-09
• Ability to weather bad times with the good: average of 28 years in business
• High average employee tenure of 7 years
• Low average turnover of 8% across 18 diverse industries

More information on the winners and finalists of this award is available at the following links:

• June issue content splash page on Inc.com
• Official Inc. and Winning Workplaces press release
• 2010 winner company bios
• 2010 finalist company bios

Delaware employees are not very satisfied with their work. In fact, according to the results of a recent Gallup poll, Delaware workers are the least satisfied in the entire country. When Delaware reporter Eric Ruth alerted me to the poll results I was, admittedly, stunned. I never would have guessed that the employers in our State are failing so badly to keep their workforce engaged. Being a self-proclaimed evangelist for the workplace-engagement initiative, I feel compelled to do whatever I can to improve Delaware’s wretched statistics. But where to start? How about with the basics.

Employee engagement can be difficult to define. I’d suggest that it consists of two types of passion. The first passion is felt towards the employer; the second is towards the work. For example, a nurse may love her work (i.e., providing health care to those in need) but may detest her employer. A disengaged employee, on the other hand, also is passionate about his employer and about his work. The difference, though, is that the passion he feels is a negative one. In the worst case scenario, the disengaged employee is passionate about sabotaging his employer and its efforts.

The February 2010 issue of Law Practice Today, the webzine published by the ABA's Law Practice Management section, is now available and can be read in its entirety at the Law Practice Management section's website.  I was the issue editor for this edition, which focuses on the Human Resources side of management.  The articles are great and offer lessons that apply to all industries.  They include:

Managing Your Relationships With Your Staff

Avoiding Retaliation Liability

Fostering an Entrepreneurial Spirit in Associates

Taking a Break From the Professional Hurricane

How Law Firms Can Use an Ombudsman to Resolve Conflicts

Appreciating the Difficulty Involved in HR Issues

Important Keys to Practice Success

Outsourcing Legal Support Services

Hardcore Scanning for Law Offices of Any Size

Women Rainmakers: Wanji J. Walcott, American Express

28th Edition: What's Hot in Technology for 2010 (Podcast)

All of the articles are excellent but I want to give an extra-loud "thanks" to fellow employment-law bloggers, Jon Hyman of the Ohio Employment Law Blog, and Phil Miles of Lawffice Space, who each wrote features for the webzine.  John authored Avoiding Retaliation Liability, which deals with the hottest topic in employment litigation these days and gives great advice on how not to become a defendant in a retaliation lawsuit. And Phil wrote Fostering an Entrepreneurial Spirit in Associates, which reminds us of the undeniable link between engagement, motivation, and success. 

Fortune’s Best Companies to Work For list is back. And the results are as fascinating as ever.

Software giant SAS landed top honors this year, jumping into first place from 13th in 2009. Although the top slot may be a new position for SAS, it’s very familiar with the list—it’s been named a “Best Company” for each of the 13 years the honor has been awarded.

As the largest privately held software business, SAS employs more than 4,000 people in its headquarters outside Raleigh, North Carolina. The company hired 246 new employees in 2009. This statistic is notable not just because of the dismal economy and job market as a whole but also because of the company’s incredibly low turn-over rate (2% compared to the industry average of 22%). For every available position, the company received 100 resumes.

The unusually high retention rate can be explained, at least in part, by the perks the company offers its employees. 100%-paid health-care, two on-site day care centers for up to 600 children, as well as summer camp, subsidized cafeterias are just some of the benefits. Google modeled its renowned program after SAS, if name dropping is of any interest. The incredible perks may help explain why the average employee takes only 2 sick days each year.

But SAS says there is another reason for the enduring dedication of its workforce—trust. Most employees set their own schedules and no one keeps tabs on who arrives first in the morning or is first to leave at the end of the day. The company explains that this feeling of trust is a result of an engrained mentality not to treat employees “like criminals.”

In short, SAS’s strategy of keeping workers happy has generated a fiercely strong and long-lasting sense of loyalty, which, in turn, has meant global success for the entire enterprise. More proof that a happy and engaged workforce means a fiscally healthy organization. So, what are you doing to keep your employees happy and engaged today?

What Can Employers Learn From Obama and the Nobel Peace Prize?

Last week’s announcement that President Barack Obama would receive the Nobel Peace Prize ignited a firestorm of criticism in this country and across the world. Many felt that Obama had not yet achieved sufficient tangible results to warrant receiving the award. Maybe so.

But in rushing to condemn the Nobel Committee, they may be missing the message that Committee was trying to send. It is clear that the it was trying to reward behavior that it saw as positive and to encourage such behavior in the future. Employers do this every day – in pay raises and performance evaluations. But many go much further. Why? Because positive reinforcement works.

How should you go about rewarding and recognizing the employees? Here are five tips:

First, take the time to figure out what type of recognition best motivates each of your employees. Some employees like public recognition, while others value informal pats on the back, personal gifts, or social activities.

Second, make the recognition timely. Just as inappropriate behavior should be corrected immediately, excellent behavior should be rewarded promptly. Don't delay in recognizing employees' achievements.

Third, tailor the level of the recognition to the performance. An employee who performs well on one day should not be recognized in the same way as the employee who has performed at an exceptional level all year. This can lead to bad feelings on the part of those who have worked the hardest but receive the same reward.

Fourth, encourage your supervisors to seek out and reward good behavior. Give them concrete examples of the kinds of behavior you are trying to encourage and ways that it can be recognized.

Fifth, remember that a heart felt thank you given face to face can be just as powerful as a written memo, a plaque, or a party. As my mom always says, “It’s the thought that counts."

In sum, recognition, individually tailored and timely offered, is a powerful motivator for employees to achieve excellent performance. If you don't take your employees for granted, they won't take their jobs for granted.

The WSJ today recognized the Top Small Workplaces in its third annual report featuring the best small employers in the country.  The fifteen winners, which were complied in partnership with Winning Workplaces, were selected based on their continued investment in their employees.  The winners were selected from nearly 630 nominations, pared down to 35 finalists. 

Congratulations to the 2009 Top Small Workplace winners:

Anthony Wilder Design/Build Inc., Cabin John, Md.

What can you do today to create the kind of workplace that engages employees?

I recently read The Carrot Principle, an absolutely fantastic book about motivating employees through reward and recognition. It was such an incredible book that I immediately bought five more copies, which I sent to some of my clients who are particularly in tune with the wonders of an engaged workforce.  The recently published second edition of The Carrot Principle includes a wealth of research that supports what I know to be true:  Happy employees are the key to a successful organization.  And happy employees are those who receive consistent recognition for the work they do.

If you are a manager who is worried that recognition will create an “entitled” workforce, whose demands increase the more recognition they receive, read this book. Your worries will be disproved.

If you are a manager who does not have a formal system for recognizing and rewarding your direct reports but you fundamentally believe that recognition is valuable, read this book.  You will learn why you need a real system to ensure recognition is done effectively. 

If you are a manager who already has a formal system in place for recognition and reward, buy this book and send it to your manager, the President, or CEO of your organization.  Help them learn why recognition must be in place throughout the company.

And, if you’re not a manager, read this book. Everyone can make a difference by showing gratitude to others every day. Gratitude is a grass-roots movement and it takes just one person to start an engagement revolution.

My 5-year old was expressing a bit of trepidation about starting kindergarten this fall. In preschool, the students decorated their own “totes,” which they were then required to use for transporting their belongings to and from school.

In preparation for her start in kindergarten this fall, together we selected a brand new backpack with matching lunchbox from L.L. Bean.  Original Junior Original Book Pack, Blue Flower-Patch Print, monogrammed, for those who must know.

All of the sudden, her tune changed. She insisted on sporting the new backpack to camp, even though I’d foolishly thought we could “save it” for school in September. She pronounced that no longer would she look like a 4-year old with her lame “tote bag.” She’d instead look like the mature 5-year-old, almost-kindergartner that she was.

If only this was all it took to reinvigorate employees and make them excited about the workplace. So what does it take, and are efforts by the employer in this regard still necessary and relevant in the current economy? The answer is: not as much as you may think, and YES. My colleague, Molly DiBianca, has written and presented much in this area. As we get ready to start a new school year, and students get a “fresh start” – now is a good time to review your workplace policies and see what you can do to get your employees excited, too.

Prior Posts on Employee Engagement

How Employees Can Boost the Bottom Line by Wasting Time*

Top 10 Ways Managers Can Engage Employees

How to Engage Employees--For Free

5 Things Employers Should Know about the Engagement of Gen Y Employees

What Does It Take to Be "Best Place to Work"?

The Real Price of Pulling Perks and 5 Free Ways to Reward Employees

Ever wonder how many brilliant ideas go wasted inside your company?

Maybe you don’t have to.

For years, Google has been providing engineers with “20 percent time,” a policy that grants programmers 20 percent of their time to work on independent projects of their own creation. The policy has generated such successful programs as Google Suggest, Adsense for Content, and Orkut. Perhaps more importantly, it contributes to Google’s ability to attract and retain the best and brightest. 

But what works for Google may not work for everyone. Some argue that Google’s “20 percent time” operates as an extension of their company culture. The type A, driven programmers interested in working at Google aren’t exactly your 9 to 5 types. “20 percent time,” to them, often means evening and weekends working on the fun stuff.

However, just because your employees may not fit the Google mold doesn’t mean that they don’t have valuable ideas to contribute. I spent my former life as a manager in a 9 to 5 industrial environment. I never ceased to be amazed by how effectively my people could solve problems and make processes more efficient. All it took was me taking the time to get their input. More importantly, few things breed loyalty like making sure your employees know that they have something to contribute beyond their standard duties.

So, maybe you’re not ready for “20 percent time.” But, next time you’ve got a problem to solve, experiment with getting some input from the people who work in the problem everyday. You may be surprised by the solutions you never would have thought of.

You may want to review this interesting dialogue about the benefits and drawbacks of a program structured to fit the Google model. 

*This post was written by guest blogger, Thomas Williams, a summer associate in Young Conaway’s 2009 Summer Associate Program.  Thanks, Thomas!

Twitter continues to gain popularity and I've jumped on the bandwagon.  Here are my "tweets" from this week, grouped into rough categories by topic.

Social Media

Video HowCreate an Account in LinkedIn (via Professionally Speaking) http://bit.ly/R130x Now you've got no excuse to avoid #social #networking

Using Twitter as a teaching tool (via #elearning future) http://bit.ly/10rdhc

RT @mashable High School Admins Coerce Cheerleader for Facebook Password http://bit.ly/1O2xWf (and then disclose the info on her pers. pg.)

RT @fyiscreening4 Tips On How To Use Social Networks For Employee Screening (from N.Y. Law Journal)  http://bit.ly/j3zcv

RT @Twitter_Tips Top 10 Rules of Twitter Etiquette: http://ow.ly/iekG --Share this guide: http://bit.ly/44Vft3

RT @LissaLawyer: AmLaw Daily asks whether the Future is "Oh So Social" http://bit.ly/LmVpV

RT @HRSocialMedia: White House using LinkedIn to get comments from small business on health care reform http://tinyurl.com/lcnexv

Canada's #privacy commissioner gives #Facebook a failing grade http://bit.ly/5VCoh (RT: @cybercourt)

RT @mashable Top 5 Funniest Fake Facebook Pages http://bit.ly/bkPDV. Slate's fake Obama #Facebook page is a riot

Legal

FTC has postponed (again) the start of its "Red-Flag Rule" until November due to ?s re: how to comply. http://bit.ly/drImZ

Thanks to @MelanieMcClure for mention of my "anti-harassment policy tip sheet" http://tinyurl.com/mhh5hn

RT @Eric_B_Meyer: Philly Inquirer article rips Sen. Specter for wavering on #EFCA.

In Philly, $10m #verdict in police officers' race-bias suit cut to $30k max per Title VII cap http://bit.ly/KJJoH

Presentations and Public Speaking

Delaware gets its own #Ignite night! (via The News Journal) YCST E-law did #Pecha Kucha back in April w/great response. http://bit.ly/OLi09

RT @pptninja: 31 Flavors of PowerPoint - Part I http://bit.ly/Dvdxb #ppt (Great post re: diff. presentation styles needed diff. settings

Work-Life Balance

WSJ's The Juggle talks about how we handle pressure differently at home vs. at work. Is there anyone who doesn't? http://bit.ly/xaNwW

RT @DrDavidBallardRT @jessicapeterson Employees financial problems cost employers $4.5 billion annually (BusinessWeek) http://bit.ly/TiM3b

The Paperless Office

RT @DisabilityTips 6 Myths of Going "Paperless" | Colorado Social Security Law http://bit.ly/nYAJV

Why are fed courts so opposed to #technology in the #courtroom? NY lawyers want the rules changed. Agreed. http://bit.ly/11WvzD

Great #acrobat article re: What You Can Accomplish With Adobe Acrobat Forms http://is.gd/1NqkM RT @acroboy: RT @wikiatech.

Management & Leadership

Here's a real shocker from @nytimes: Corner Office: No Doubts: Women Are Better Managers http://bit.ly/3eFOVv (via @wbowser)

Great book on management: Not Everyone Gets a Trophy by Bruce Telgan. Supposed to be re: Gen Y but is applicable to all http://bit.ly/EB3mj

RT @hrmagazine: PricewaterhouseCoopers offers program to develop 1st-yr college students. http://bit.ly/M9H7s Great idea for #GenY!

Leadership is an important factor to the success of any organization. Likewise, being a good leader is often an important component to the success of an individual in his or her career. Possessing leadership abilities is not only important when interacting with subordinates, but also when interacting with peers, supervisors, and individuals from other organizations. People are more willing to work for or with a person who has leadership abilities than they are to work for or with a person who does not. 

The United States Marine Corps has identified fourteen traits that good leaders possess: justice, judgment, dependability, integrity, decisiveness, tact, initiative, enthusiasm, bearing, unselfishness, courage, knowledge, loyalty, and endurance. Marines remember these fourteen leadership traits through the mnemonic device “JJ DID TIE BUCKLE.” Each of these leadership traits will be briefly discussed.

Justice is the quality of being consistent and impartial. A person displays this quality by giving rewards and punishments based on merit, not favoritism.

Judgment is the ability to think about things clearly and calmly, and the ability to weigh facts and possible solutions in forming an opinion or deciding on a course of action.

Dependability is the certainty and confidence others have in one’s ability to properly perform duties. A good leader can be counted on by supervisors, peers, subordinates, and clients alike.

Integrity is the honorableness of character and soundness of morals. A person that has integrity is, among other things, honest and uncorrupt.

Decisiveness is the ability to make decisions timely and to announce them in a clear manner. While it is important to think about issues clearly, there are times when a quick decision may be necessary.

Tact is the ability to interact with others without creating offense. Good leaders know what to say and how to act in situations in order to maintain favorable relationships with others.

Initiative is taking action in the absence of instructions. A good leader does not always wait to be told what to do.

Enthusiasm is the display of sincere interest in the performance of duty. An enthusiastic leader is better able to motivate others in the performance of their duties.

Bearing is the creation of a favorable impression in appearance and personal conduct.

Unselfishness is the absence of providing for one’s personal advancement or comfort at the expense of others or one’s organization.

Courage is the mental quality that recognizes fear, but enables one to proceed in the face of it with calmness and firmness. Although courage may seem important when leading a military unit into battle, and not so important when supervising an office, courage is an important trait for all leaders. An office manager must have the courage, for example, to deny an employee’s vacation request when necessary or to speak in front of a large audience.

Knowledge is the understanding of a science, art, or technique. A good leader continually seeks to improve his or her understanding of a subject and seeks challenging assignments.

Loyalty is the quality of faithfulness to one’s supervisors, subordinates, peers, and organization. You cannot expect others to be loyal to you or your organization if you are not loyal to them or the organization.

Endurance is the ability to withstand fatigue, stress, pain, and hardship.

Although some of these traits may be more important in some situations than in others, the presence and development of each of these fourteen leadership traits can mean the difference between a smoothly run organization and an organization plagued by strife.

*This post was written by guest blogger, Paul Loughman.  Paul is a 3L at the University of Virginia School of Law.  Paul served as a Marine prior to college and is one of the outstanding summer associates participating in Young Conaway Stargatt & Taylor's Summer Associate Program this year.  Thanks, Paul!

Workplace civility is a value that all organizations should strive to achieve. For those employers who may need a bit more motivation to implement a workplace-civility initiative, now is the time! August is "Win With Civility" month.  Chase’s Calendar of Events includes a list of causes to which August has been dedicated as a “special month.”

Noting that it is a national dedication, I thought the dedication must warrant certain recognitions, so I did a Google search for ways employers celebrate, observe, or at least acknowledge the special dedication. Surprisingly, a Google search uncovered little more than other websites noting the dedications of August and companies selling promotional materials. Although I was disappointed at the search results, I assume the results reflect a lack of interest in the special dedication rather than a lack of interest in “winning with civility” as a general principle. To help readers who want to “win with civility” in August I have included a reminder of what civility means and some suggestions on how a person can behave to “win with civility.” 

Civility is one of those words that is often tossed around but rarely defined. Everyone knows it means something like “be nice.” This is not out of line with the Free Dictionary Online definition of civility as “polite or courteous behavior” or “the act of showing regard for others.” The general definition provides some guidance for behavior, but other websites have provided more specific ways a person can “show regard for others.” Although the specific suggestions were not necessarily written to provide guidance for workplace behavior, many are particularly appropriate for workplace civility.

One website,Because It Matters, lists 10 Keys to Civility. Although the keys are not specific to the workplace, they provide guiding principles that apply to all circumstances. The 10 keys are:

1. Respect others

2. Think positively

3. Pay attention

4. Make a difference

5. Speak kindly

6. Say thank you

7. Accept others

8. Rediscover silence

9. Listen

10. Keep your cool

Another source of guidance can be found on the National Public Radio (NPR) website. In 2003, NPR reproduced George Washington’s 110 Rules of Civility, editing them for readability. Although some of the rules are inapplicable to most modern workplaces, others are perfectly applicable and well worth noting during a special month dedicated to civility. I have included below 10 of the rules that struck me as particularly applicable to all workplaces.

1. Show not yourself glad at the misfortune of another though he were your enemy. (Rule 22)

2. Let your discourse with men of business be short and comprehensive. (Rule 35)

3. Strive not with your superior in argument, but always submit your judgment to others with modesty. (Rule 40)

4. Undertake not to teach your equal in the art himself professes; it savors of arrogancy. (Rule 41)

5. When a man does all he can, though it succeed not well, blame not him that did it. (Rule 44)

6. Being to advise or reprehend any one, consider whether it ought to be in public or in private, and presently or at some other time; in what terms to do it; and in reproving show no signs of cholor but do it with all sweetness and mildness. (Rule 45)

7. Take all admonitions thankfully in what time or place soever given, but afterwards not being culpable take a time and place convenient to let him know it that gave them. (Rule 46)

8. While you are talking, point not with your finger at him of whom you discourse, nor approach too near him to whom you talk, especially to his face. (Rule 76)

9. Undertake not what you cannot perform but be careful to keep your promise. (Rule 82)

10. When your superiors talk to anybody hearken not, neither speak nor laugh. (Rule 84)

In the spirit of civility, thank you for taking the time to read this post. Happy “Win with Civility” month!

Related Posts:

Courtesy and Respect Get Tossed to the Side by Political Staffer

Rude Employees Are Bad for Business

Disrespectful Workplace Costs State $314k

15 Things that Jerks at Work Usually Do

Bosses Aren't the Only Workplace Toxins: What to do with toxic employees?

Jerks-At-Work Expert Confirms Fridge Raiding Is #1 Worst Workplace Incivility

Employee Handbook Policy #502: Respectful Workplace

*This post was written by guest blogger, Elisabeth Bradley, who is wrapping up her second summer as a summer associate at Young Conaway Stargatt & Taylor, LLP. Thanks, Elisabeth--great post!!

President Obama has made an “almost apology” to the police officer he offended with his “acted stupidly” comment.  The President made the comment when discussing the arrest of Black Harvard scholar, Henry Louis Gates, Jr., by Cambridge, Mass. police. The police were called to Gates’ home to investigate a possible break-in but ended up arresting Gates for disorderly conduct.  From most accounts, it seemed that both sides probably overreacted. No charges were pressed.  When later asked to comment on the incident, which was perceived as having racial undertones, President Obama said the arrest was a “stupid” thing to do.

Oh my.  Cambridge police, as you may imagine, didn’t appreciate the accusation that they, as a collective whole, tending to act stupidly. 

Responding to the escalating pushback, Obama called Gates and the arresting officer, Sgt. James Crowley, to “clear the air.”  At a subsequent press gathering, the President told reporters that he had called both men and invited them for a beer at the White House.  The President did not say whether his calls included an apology, nor did he apologize publicly about his comment.  

Many are now asking whether a true apology is necessary or appropriate, or whether it’s enough to simply “clear the air” and put the whole issue to rest.

My answer to this question is a practical one.  If “clearing the air” without a full-blown apology actually does the trick, then no apology is needed. But, more often than not, if you want to be sure that the matter is resolved, an apology is the way to go.  Remember, you don’t have to apologize for something you didn’t do. So, if your intentions were good but the words came out wrong, then apologize for your word choice. 

Is a public apology needed?  Again, I vote “no.”  If those persons who were offended by the comment, they were offended only on behalf of the individuals involved.  No slight was done to members of the public directly.  So, it makes sense that, if the individuals involved are satisfied with the President’s almost-apology, then the public should be satisfied, as well. 

In the workplace, conflict arises constantly.  Employees who understand the value of a sincere and immediate apology (or even an almost-apology), will avoid more senseless arguments, hurt feelings, and have less stress overall.  Plus, when you are the one apologizing, you feel as if you’ve conquered a big part of the conflict just by stepping up to the plate and taking responsibility for your actions. Then, even if the conflict does not resolve, you can take away the satisfaction of knowing that you tried and then let go of the results over which you have no control.

With that in mind, be extra kind to your co-workers today.  It’s Monday, after all.

The crux of employment success is social intelligence. For years, individuals have been judged by various aptitude tests (i.e. I.Q. test, SAT, LSAT, GRE, MCAT, GMAT). However, individually, those tests are not the best indicators of who will be successful. Recent studies show that success is largely attributed to social intelligence. Social intelligence is equivalent to interpersonal intelligence and involves perceptiveness, situational savvy, and interactional skill. Social intelligence is understanding and acting in accordance with social situations and environments to obtain cooperation, objectives, and achieve results.

In employment fields like law and business, social intelligence is one of the hidden keys to success. Lawyers, in particular, are constantly engaged in a continuum of social interactions. One minute they are dealing with people within their firm and another minute they are interacting with clients, other firms (lawyers), and/or the judiciary. As a result, a proper understanding and use of social intelligence is fundamental to a lawyer’s success.

In Social Intelligence: The New Science of Success, Karl Albrecht presents a five-part model of social intelligence: (1) Situational Awareness; (2) Presence; (3) Authenticity; (4) Clarity; and (5) Empathy. Albrecht’s break-down and presentation of social intelligence is helpful for those interested in developing or improving their social intelligence. Each of those parts, as presented by Albrecht, will be discussed in turn.

“Social Radar”

Situational awareness can be thought of as having a “social radar,” or the ability to read situations and interpret the behaviors of others in terms of possible intentions, emotional states, and reactions. It includes a knowledge of cultural “holograms”—the unspoken background patterns, paradigms, and social rules that govern various social situations and interactions. It also means having an appreciation for the perspective of others, and a practical sense of the way people react to stress, conflict, and uncertainty. Situational awareness requires a respectful interest and understanding of other people. Being self-centered or preoccupied with ones own feelings, needs, and interests and not open to those of others, will hamper situational awareness.

Presence incorporates a range of verbal and nonverbal patterns, such as physical appearance, body language, mood, demeanor, voice quality, and subtle movements. It involves the way those factors/signals affect people’s evaluative impressions or opinions of us. Presence requires that we pay special attention to the manner and way in which we communicate, as it is also the way we convey our sense of self. 

Authenticity, Clarity, Empathy

Authenticity regards the social radars of others, and what signals they identify in judging you as being honest, open, ethical, trustworthy, and well-intentioned. Authenticity is fundamental to developing rapport and people’s perspective of you. It requires that you constantly assess your actions, and whether people will interpret you as being “authentic.”

Clarity is the ability to explain oneself, illuminate ideas, articulate views, proposed courses of action, and pass data clearly and accurately. Clarity is fundamental to effective communication and cooperation. It requires being an active and attentive listener so one can adequately and effectively respond to an individual or group.

Empathy, in the context of social intelligence, goes beyond its plain definition. It entails having the ability to sympathize with another but includes having a shared feeling between two people. It is a state of connectedness with another person, which creates the basis for positive interaction. That interconnectedness inspires people to cooperate. It is a condition of rapport. To achieve empathy with another person means getting that person to have a shared feeling of connectedness with you, which leads them to move with and toward you rather than against you. Accordingly, empathy requires avoiding or abandoning toxic behaviors, and adopting or increasing nourishing behaviors toward other people.

When taken together, understood, and employed, these five-parts of social intelligence can foster effective client counseling and client-attorney interaction in addition to intra and inter-firm (attorney) interactions­—whether or not they are in court, during negotiations, or involve general interactions. Importantly, social intelligence can help maintain and develop working relationships with judicial figures.

*Written by guest blogger, Darius Ravangard.  Darius is a rising 3L and joint-degree student at the University of Pittsburgh, where he is pursuing his J.D. and a Masters of International Affairs.  Before law school, Darius played division-one soccer at Binghamton University.  And, this year, Darius has been blazing trails at Young Conway as a summer associate.  Thank you, Darius!

What is the best leadership blog? The Remarkable Leadership Blog is set to answer that question.  It's narrowed it down to 10 of the "World's Best Leadership Blogs."  All 10 blogs are listed below but you'll want to go to the original list to cast your vote (and register to win some great prizes, too).

Leading Blog by Michael McKinney

Great Leadership by Dan McCarthy

Seth Godin’s Blog by Seth Godin

Jon Gordon’s Blog by Jon Gordon

Leadership is a Verb by John Bishop

All Things Workplace by Steve Roesler

Work Matters by Bob Sutton

Leader Talk by Mountain State University

Next Level Blog by Scott Eblin

Leadership At Work by John Baldoni

And if 10 isn't enough to satisfy your need to read about leadership, you might want to check out our list of 100 of the Leading Blogs on Leadership.

Bullying in the workplace has been on the employment radar for several years, now.  But what exactly bullying is, on the other hand, remains elusive and without a universal definition.  The American Psychological Association (APA), has provided a way to come close, though.

Each year, the APA sponsors the Psychologically Healthy Workplace Award program.  The award program recognizes employers who excel in five categories.  When a workplace can implement each of the five, it qualifies not just as a "good place to work," but as a psychologically healthy workplace.  

The five types of workplace practices that contribute to a psychologically healthy work environment include: (1) work-life balance; (2) employee involvement; (3) employee growth and development; (4) health and safety; and (5) employee recognition.  These factors mirror those most commonly cited as the most important drivers for employee engagement, as well. 

Employers interested in reducing health-care costs, improving quality and productivity, and positioning their organizations for recruitment and retention of the best employees can learn more at the APA's website.

Employers, employees, and anyone else so inclined may submit a question to the White House.  The Obama Administration just launched a web site called Open For Questions, where visitors (who must first sign-in), may ask any question for which they think the federal government may have an answer.  So many things could be said about this initiative but I'll limit my comments to the employment realm. 

First, if this is not a "sign of the times," then I don't know what is.  All of the employers out there who "don't want to learn" how to use Facebook--this is your call to arms.  Even the President of the United States is promoting his "brand" with social networking!!  Please, please, don't be behind the federal government when it comes to technology and innovation. 

Second, this is one super example of the value of communication.  Employers, follow Obama's lead and listen.  Ask questions and then listen to your employees' responses.  One scenario where this is not being done nearly enough as it should is with employee engagement and retention.  The very best employers know that exit interviews (i.e., "What did we do wrong?"), come too late in the game.  Instead of waiting until you lose your best employees, sit them down now and ask them, "What are we doing right/wrong?"  and "What can we do to enable you to continue to enjoy your work and working for us?"

Give it a shot, hold an "Open for Questions" day and interview each of your reports to assess the current level of satisfaction and to find out what really is important to them.

100 of the Best Blogs on Leadership may sound like just about every imaginable leadership blog worth its salt would have been included. That is an incorrect conclusion.  After I posted my list of my favorite leadership blogs, readers sent me lots more names to add to the list. One of them that was specifically recommended was Leadership for Lawyers, authored by Mark Beese. I took that recommendation and am glad I did--the blog has outstanding content presented in well-written and timely fashion. 

Fittingly, Mark was named by LawDragon as one of the Top 100 Legal Consultants.  If his consulting services are on par with his blogging efforts, I'd say it's an honor well deserved.  And he is in good company, to boot.  Aside from Mark Beese, the list includes leadership greats, such as long-time leadership consultant David Meister, several of the Hildebrandt International all-star team also are included.  Larry Richard, Ph.D, is one such all-star.  I had the pleasure of hearing Dr. Richard speak about the traditional character personalities of lawyers about two years ago.  As a former practicing attorney, who chose to pursue his Ph.D in psychology more than a decade after having completed his J.D. at the University of Pennsylvania. 

Although I can attest to Mark's praise-worthy services only second-hand, I can attest personally to Dr. Richard's leadership genius.  In both cases, congratulations for being recognized for successfully teaching the important leadership message to lawyers.  Goodness knows, we are certainly in need of the lessons being taught!

An engaged workforce doesn't occur by accident.  It requires a lot of work and a lot of attention.  At the end of the day, it's the front-line managers who can make the biggest difference in spreading the passion and enthusiasm required for engagement.  What follows after the jump are the 10 best ways managers can ensure that they're doing their part to achieve the ideal conditions suitable for an engaged workforce.

Continue reading "Top 10 Ways Managers Can Engage Employees" »