Employco Blog

Human resources expert explains what employees and employers need to know about pot in the workplace

After the 2018 midterms, three states voted in favor of marijuana legalization, with Missouri and Utah approving the drug for medical use, and Michigan approving it for recreational use. Additionally, states like Wisconsin and Illinois voted for several crucial medical marijuana and legalization measures.

But, what does this mean for employees and employers when it comes to marijuana and the workplace? Will these new regulations make drug testing a thing of the past?

Rob Wilson, President of Employco USA and human resources expert, says no.

“Employers can still administer drug tests and prohibit their employees from using or being under the influence of marijuana at work or during work hours. However, some state laws prohibit an employer from taking adverse employment actions against an employee based solely on a positive marijuana test.”

With this in mind, Wilson advises employers to become familiar with laws in their state that address drug testing.

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H.R. expert shares tips for how employers and employees can navigate the office holiday without disastrous results

A recent NPR survey found that 1 in 4 Americans confess to drinking too much at the office holiday party…and embarrassing themselves as a result. And, 80% of survey respondents also say that they have witnessed coworkers drink too much at holiday parties and act unprofessionally.

“This is a cultural problem that has been embedded in both our corporate and non-corporate working environments for years,” says Rob Wilson, President of Employco USA, a national employment solutions firm which helps companies navigate human resources and other employment concerns. “For some reason, good sense seems to go out the window during the holiday season. Alcohol flows readily and people can’t help but let loose…often with disastrous results.”

So how does H.R. expert Rob Wilson advise companies and workers to handle these holiday pitfalls in the workplace?

Ban alcohol altogether. “I know this won’t be a popular choice,” says Wilson. “But it’s a wise one. Have your holiday party in the morning and celebrate with hot cocoa and donuts, rather than wine and cheese.”

Ask people to give only non-alcoholic gifts. “It’s common for people to give wine or fine liquor during the holiday season, but not everyone feels safe around alcohol. Some people are in recovery or don’t drink for religious reasons. Whatever the case, it’s better to gift non-alcoholic items, such as Starbucks gift cards or homemade cookies or chocolate.”

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Rob Wilson, President of Employco USA, was recently quoted in an article for the Associated Press:

“HR consultant Rob Wilson has gotten many more calls than in the past from companies needing help with party policies. Even owners who haven’t had problems are asking about going alcohol-free or limiting everyone’s intake. Some owners ask whether they should have chaperones to ensure no one is over drinking or trying to grope anyone.

“They’re much more cautious than I’ve ever seen,” says Wilson, president of Chicago-based Employco.”

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For more on this topic, please contact Rob Wilson at rwilson@thewilsoncompanies.com.

Human resources expert explains how companies can create safe, equitable workplaces in the #MeToo era

A WeWork employee recently came forward to state that she was fired after reporting rampant sexual harassment in her workplace. In her lawsuit, it is alleged that the $20B co-working company spent more on parties than on sexual harassment training, and that a ‘frat-boy culture’ permeated the offices.

“It is clear that sexual harassment on the job is a serious issue that many workplaces are not adequately addressing,” says Rob Wilson, President of Employco USA and human resources expert. “In my line of work, I have seen firsthand how companies can make severe missteps when trying to handle sexual harassment claims on their own.”

Employco helps companies to investigate claims of workplace harassment, whether it is a case of quid pro quo or hostile work environments. Wilson says that there are many things employers and managers must consider when investigating a sexual harassment complaint, including:

1. Act quickly. “Don’t delay,” says Wilson. “Waiting can send a bad signal to the victim that what happened to them is not important in the eyes of their employer. Not to mention, as time goes on, the victim, witnesses, and the alleged harasser will be more likely to forget details, and if harassment is found to have occurred, the harasser needs to be disciplined as quickly as possible.”
2. Determine who will do the investigation. “If you are a small or medium-sized company, I would recommend that you consider outsourcing your investigation. Why? Because it is crucial that your investigator has no ties to either the victim or perpetrator,” says Wilson. “This likely won’t be possible if you are an office of 20 people. Yes, it will be a cost that you may not wish to pay upfront, but it’s better than being sued down the road because you mishandled something as serious as a sexual harassment claim.”
3. Keep gender in mind. “Is the accusation coming from a woman? Then, hire a female investigator. Is the accuser a man? Then, hire a male investigator,” says Wilson. “When talking about intimate and sometimes-embarrassing situations, the victims will feel more comfortable speaking to someone of their same gender. It’s easy to understand why a woman may not feel comfortable opening up to a strange man about how she was sexually assaulted at the office Christmas party. Do whatever you can to make your employees, especially those who have been victimized by the scourge of sexual assault and harassment, feel safe coming forward and telling their story.”
4. Investigate thoroughly. “Interview all possible witnesses. Review security footage. Examine data from work computers and other devices. Perhaps the accuser sent lewd messages via email or text. Gather and save all of this data, and contact the police if you believe a crime has been committed (for instance, if an employee shares intimate photos of another employee without their consent, this could be considered a crime, depending on the state where you live).”
5. Thank your employee for coming forward. “Regardless of what happens as a result of the investigation, make sure that your employee knows how grateful you are that they came forward. Ensure that they feel safe in the workplace and that they are not being threatened or mocked by other employees. Their safety should be of the uttermost importance.”
6. Never transfer the victim. “Unless they come to you and ask to be moved to a new department, never move the victim. Always transfer the person who is accused of the harassment. If the victim does wish to move, make sure to get this in writing so you have proof that it was their idea and not a punishment or attempt at obfuscation coming from upper management.”

For more on this topic, please contact Rob Wilson at rwilson@thewilsoncompanies.com.