The Challege of Returning Veterans to the Workplace

Posted on June 10, 2008 by admin

According to the National Institute of Mental Health, Post-Traumatic Stress Disorder(PTSD), is an anxiety disorder that can develop after exposure to a terrifying event or ordeal in which grave physical harm occurred or was threatened. Traumatic events that may trigger PTSD include violent personal assaults, natural or human-caused disasters, accidents, or military combat. For the veterans returning from the conflicts in Iraq and Afghanistan, this is the reality they face. Statistics show that of the 1.5 million U.S. soldiers who have served in the mid-east conlicts, about one in every four is a National Guard or Reservist. This is the highest rate of civilian service members since WWII. With one out of every three Iraq veterans facing serious psychological injuries such as depression, anxiety, or PTSD, it is necessary that the issue is addressed quickly and properly.

As veterans return home, many will come back to jobs, families, and lives that they held before their tour of duty. Adjusting back to civilian life can be a challenging process for all involved. For employers, it is important to recognize that there are certain steps that need to be taken to help this process along. The majority of returning veterans fall under the Uniformed Services Employment and Reemployment Rights Act. USERRA establishes the cumulative length of time an individual may be absent from work for military duty and retain reemployment rights for five years. In addition to providing a much needed opportunity, employing veterans can have monetary benefits in the form of tax incentives.

Reemployment rights extend to persons who have been absent from a position of employment because of “service in the uniformed services” (the performance of duty on a voluntary or involuntary basis in a uniformed service), which include:

Active duty/Active duty for training
Initial active duty for training (and Inactive)
Full-time National Guard duty
Absence from work for an examination to determine a person’s fitness for any above duty
Funeral honors duty performed by National Guard or reserve members
Duty preformed by intermittent employees of the National Disaster System, part of Homeland Security- Emergency Preparedness and Response Directorate

There are eight categories exempt from the five-year limitation.

Service is required beyond five years to complete obligation
Service from which a person, through no fault of theirs, is unable to obtain a release
Those involved in two-week annual training sessions and monthly weekend drills mandated, reservists and National Guard members
Service under an order to remain on active duty because of war or national emergency declared by the President or Congress
When active duty by volunteers and select reservists have been ordered to active duty without consent
When put in duty in support of critical missions or requirements in times other than national emergency or war
When federal service is needed of the National Guard and called to action by the President
When federal service by member of the National Guard is called to action by the President to suppress an insurrection, repel an invasion, or execute laws of the United States

Other laws that returning veterans are protected by include Americans with Disabilities Act and the Veterans Benefits Improvement Act.

If a veteran returns to work with any type of physical disability, such as the loss of arms or legs, employers will be required in a timely manner to provide the veteran with reasonable accommodations in the workplace. If a veteran returns to work suffering from post-traumatic stress problems or any other form of psychological disabilities as a result of military service, employers may be required to modify the employee’s work schedule and to make appropriate medical treatment possible. Reasonable accommodation may require some form of job retraining.

A list of accomodations employers can be expected to make include:

written materials in accessible formats, such as large print, Braille, or on computer disk
recruitment fairs, interviews, tests, and training held in accessible locations
modified equipment or devices (e.g., assistive technology that would allow a blind person to use a computer or someone who is hearing impaired to use a telephone; a glare guard for a computer monitor used by a person with a traumatic brain injury; a one-handed keyboard for a person missing an arm or hand)
physical modifications to the workplace (e.g., reconfiguring a workspace, including adjusting the height of a desk or shelves for a person in a wheelchair)
permission to work from home
leave for treatment, recuperation, or training related to their disability
modified or part-time work schedules
a job coach who could assist an employee who initially has some difficulty learning or remembering job tasks
reassignment to a vacant position where a disability prevents performance of the employee’s current job, or where accommodating the employee in the current job would result in undue hardship

Information on disabled veterans can be found at the EEOC. Additional resources on getting veterans back into the workforce can be found at CSOonline, Department of Labor, or through Veterans Affairs.

Dean Haller to Speak at Vermont Venture Meeting on June 19th

Posted on June 5, 2008 by admin

Dean Haller, President of HRSentry, will be the keynote speaker for the Vermont Venture Network on June 19th. An expert in the field for 35 years, Dean will be addressing the issues surrounding workplace safety and workers compensation.

Prior to starting HRSentry in 2003, Dean began his human resource career at the Dollar Bank in Pittsburgh, PA before joining PNC Financial Corporation where he worked for ten years. Leaving as the Vice President of Employment and Training, Dean moved back to Vermont where in 1990 he started the HR department at IDX Systems Corporation, serving as the Director of Human Resources until 1998. At that time he assumed the role of Vice President of Administration at Green Mountain Coffee Roasters in Waterbury, VT from 1998 to 2000, and then left to form Black Diamond Human Resources Consulting, LLC. In 2001 he expanded the consulting business to become HallerLee Human Resources Consulting, LLC.

In addition to his corporate experience, Dean has been a member of the adjunct faculty at Champlain College teaching senior-level Human Resource Management. He is also the past Chair of several national non-profit organizations such as Special Olympics Vermont and Vermont Youth Conservation Corp and he remains actively involved in the community. Dean holds a degree in Psychology from Duquesne University.

In today’s economy, managing costs has become increasingly important for organizations of all sizes in every industry. One effective way to manage this is through workplace safety and loss prevention programs. Dean will touch on these key points as well as discuss some of the tools and services available to reduce such costs. As an organization geared toward enhancing the interaction and exchange of ideas among Vermont’s entrepreneurs, these topics will be beneficial to all business owners and administrators.

In addition to workplace safety, Dean will talk about other ways to save both time and money with the virtual HR department and training opportunities offered through HRSentry. With resources such as required state and federal employment posters, a sample employee handbook and information on how to properly interview and hire new employees in compliance with the law, HRSentry provides a great resource for organizations looking for cost effective solutions.

For more information on these services visit the HRSentry website or email support@hrsentry.com. To learn more about this event visit the Vermont Venture Network website.

Companies Liable for Deleting Electronic Evidence

Posted on June 3, 2008 by admin

An interesting article located on HRTechNews titled “One deleted e-mail lands company in court” tells the story of how the new “e-discovery” rules are being enforced. Electronic discovery (also called e-discovery or ediscovery) refers to any process in which electronic data is sought, located, secured, and searched with the intent of using it as evidence in a civil or criminal legal case.

The case discussed in the HRTechNews article describes a lawsuit brought by an employee who claimed she was let go for taking FMLA leave. One of the key pieces of evidence against the employer was a deleted email that explained why the woman was fired. When the employee was fired, her manager sent an email explaining the termination to her department. After she suited the manager was told to save all relevant documents for the coming court proceedings. This email was deleted(the employee got a copy anyway). Although the manager said it was deleted by mistake, the judge ordered the company to be sanctioned, meaning that at trial the jury will be told the company deleted the email on purpose, looking like they were attempting to hide evidence.

In this case the company acted properly in asking the manager to save the deleted email. However by not having a backup plan, and trusting the manager entirely, they took the control out of the companies hands resulting in a damaging sanction. One thing that can be done to prevent this is to make sure that IT is archiving all email messages company wide for present and past employees. Another good tip is to make sure that when an employee is fired or leaves the company, all paperwork and communications discussing that personnel change are copied and put in the employees file. This ensures that in case of a delayed lawsuit, all the information pertaining to that employee is readily available.