Job Hacking

re: Shaping the DNA of a Young Company

Here's a thought provoking article in the NY Times, Shaping the DNA of a Young Company. Real, down to the basics thinking about how to build up the company culture.

re: Strangers in our midst

Robert Cringely gives us a little insight into his earlier life today.

Sounds a bit far afield for a conversation about Management, but since Managers hire people, lead people, and fire people, this topic is smack-dab in the middle of what Managers are responsible for.

I don't know of a Manager who has been hiring people or leading people for long who doesn't have at least one story of a crazy staffer, or a colleague who has a medical condition that is undiagnosed, or just someone who had a run of bad luck and got pushed a little too far. Dealing with these situations is one of the great arts in leadership.

"That’s the way it is with people who are pains in the ass, and all the more reason to know them best of all."

The shot(s) heard 'round the world

As the stories have started to unfold from the shooting yesterday in Arizona of Congresswoman Gabrielle Giffords, Judge John Rolls, Gabriel Zimmerman, Christina Green, Dorothy Morris, Dorwin Stoddard, and Phyllis Schneck, my mind turns over the possible reasons why this occurred, and how such events can be prevented.

Based on news reports, it appears that Jared Loughner was a troubled young man. What 'troubled' means, exactly will undoubtedly be revealed in the near future.

Given my readership, and the general tendency that you have to go do stuff in the world, I ask you, what have you done lately for the youth in our nation, your state, county, and city to help them towards the path of being an integral, helping piece of these communities? It's tough growing up, no matter what your circumstance - everyone faces challenges which must be overcome. 

At moment's like these, it's not the grand gesture which resonates. It's the small stuff we do daily, weekly, monthly, yearly which turns the tide, one iteration at a time. It's the "About Schmidt" moments when we do something helpful for someone else, almost without thinking about it, and later we realize that we've made a huge impact for someone trying to make their way into the world. 

As a former boss of mine once said, evolution, not revolution.

 

Another nail in the coffin of the 'A Player' Myth

Ah, the 'A' Player. Every hiring manager drools over getting one, and they do seem in short supply, but who are they? And why does everyone want them?

The thinking goes like this:

• 'A' Players long ago developed skills and capabilities to overcome, persevere and adapt. 
• This general ability to be better than everyone else at a given thing means they are likely to be better than everyone else at everything. 
• They have a proven track record that is easy to see and understand.
• Hire them! 

Kris Dunn has a great post about hiring management talent today, "Want a Great Manager? 5 Reasons To Stay Away From the Stars and Hire a Scrub...." He doesn't once mention the term 'A' Players, but we all know that's what he's saying.

Now, it's easy to use a professional sports metaphor because these folks are out there in front of us all the time. And their statistics are also readily available. Easy to make comparisons.

But, look at the real world. Take that of Software Development. How often do firms misfire on the opportunity and put the wrong person into a role (which is actually a double miss because there's also the opportunity lost for the person that was not hired into this role)?

If you are in charge, how do you identify, mentor, and hire the proper management talent at your firm? Are you better than your peers in your company, your industry on this, perhaps the most important thing you do? Hmmm. 

HR Laws: Civil Rights Act of 1964 (Title VII)

This law prohibits discrimination on the basis of race, color, religion, sex, and national origin. This law applies to all companies with more than 15 employees.

When it comes to hiring people for your team, let's face it, you have to discriminate. That is, you need to assess the candidates that come your way on the basis of their skills, and their ability to do the job as specified. This is one reason why accuracy in job descriptions and ads is so very important (Oh, and let's not forget that they tell the candidate what you want them to do, and help you to align that role with the objectives the rest of the team is aiming for!).

Just make sure that the questions you and your team ask are focused on the job content, and that your decision process is not based on any of the protected items defined in this law.

Disclaimer: I am not a lawyer. U.S. laws are subject to change. States may or may not have laws on the books that counter or add to our National laws. This is written as-is. If you have questions, go see your lawyer!

HR Laws: Americans with Disabilities Act of 1990 (Title I)

With this law, an employer is not allowed to ask candidates about disabilities or medical information prior to making a conditional offer of employment. This law applies to all companies with more than 15 employees. Amendments to this law have gone into effect as of January 1, 2009 to address several legal challenges.

This law is the reason that line items in job ads now include things like:

• Must be able to drive an automobile
• Must be able to travel internationally by plane (up to 24 hours at a stretch).
• Must be able to work in small, enclosed spaces, like the data center at the Westin in Seattle.
• Must be able to use a computer.
• Must be able to work in an office environment.
• Must be able to lift 40 lbs.

When interviewing a candidate, the important thing to focus on is whether that person can do the job as defined (Isn't that what we're aiming at with a job interview, regardless of the law?). To that end, a good question to keep in mind, "Is there anything that would prevent or inhibit you from doing this job (or a given part of the job, like working at night, or working >60 hours a week, or being able to travel to any of the countries you might outsource work to)?

Aside from HR practices, the ADA has had significant impact on the design of products, including software and websites. For example, one reason a firm with an e-commerce website needs to address customers with poor or no eyesight is because of this law.

Disclaimer: I am not a lawyer. U.S. laws are subject to change. States may or may not have laws on the books that counter or add to our National laws. This is written as-is. If you have questions, go see your lawyer!

HR Laws: Age Discrimination Act of 1967 (ADEA)

Companies with more than 20 employees cannot discriminate against people who are 40 or more years old.

This law is becoming a real hot button since the Baby Boomers, a fairly large percentage of our population, are over 40. And, within the startup world, there really are clear age biases, starting with the VCs who believe that the best company to invest in is one founded by someone under the age of 30. And since most people tend to hire people like themselves...

There are a bunch of ways to run afoul of this law, and the two most common occur in hiring practices and as part of a layoff. Usually, these occur in a subtle way, in a way where you don't think you're discriminating.

Here's the way these two usually play out.

Hiring: Wow, look at this guy's resume. He's got exactly the skills we need, plus a bunch more. He's been in the industry since 1985, and has done some great work at companies that have done great things. But, this is a mid-level SDE role, and I'm sure he's too expensive.

There are a number of key words here: "skills", "1985", "I'm sure". The "I'm sure" is a key giveaway. If you haven't stated the salary range in the job ad, and/or if you have not asked the candidate what their desired salary is, you can't say "I'm sure". It's very possible that you might get a great candidate that others have passed over because of their (poor, misinformed, illegal) assumptions. Too bad for them!

Layoffs: We have to seriously reduce our burn rate, and we need to reduce payroll expenses. I've done a stack-ranking of our most expensive people, and suggest we start by getting rid of them first.

This example is on the simple side, but if you have a spreadsheet of employees that happens to contain salary info in it along with other data like title, department, etc, and you're using it as part of your layoff decision process, you might be on thin ice. The reason is simple: Older people tend to make more money than younger people in a given role. So, while you may be operating with the best intentions to reduce expenditures by the maximum amount, you may also have inadvertently run smack into age discrimination.

Disclaimer: I am not a lawyer. U.S. laws are subject to change. States may or may not have laws on the books that counter or add to our National laws. This is written as-is. If you have questions, go see your lawyer!

HR Laws & The Watermelon Patch Lesson

For this week, I'm going to write a few posts regarding the major national legislation in the HR arena that we have to abide by. These laws are investigated by the Equal Employment Opportunity Commission, or EEOC, and sometimes HR-types use 'EEOC' as short-hand to refer to any and/or all of these laws.

These laws are:

• The Equal Pay Act of 1963 (EPA)
• Civil Rights Act of 1964 (Title VII)
• Age Discrimination Act of 1967 (ADEA)
• Americans with Disabilities Act of 1990 (Title I), and the ADA Amendments Act of 2008

I am doing this because an Entrepreneur I respect asked me to write about these laws, and specifically when they apply to the recruiting process at startups.

In some senses, these laws have forced those doing business in the U.S. to get very deliberate and focused on our hiring process, and specifically to define the job content as closely as possible, and what we are asking our prospective employees to do. These are good things!

Before we get into these laws, a lesson.

Don't get caught in the watermelon patch.

The basic gist of this saying is that if the farmer finds you walking through their watermelon patch, and even though you do not have a watermelon in your hands, you put yourself under suspicion.

My suggestion is that although there are scenarios where you do not have to follow the EEOC laws, it's probably best to always follow them. This way, should your firm ever come under legal fire, there can be no question as to your intent to follow both the letter and the intent of the law.

Disclaimer: I am not a lawyer. U.S. laws are subject to change. States may or may not have laws on the books that counter or add to our National laws. This is written as-is. If you have questions, go see your lawyer!

This is just too good to pass up...

A while back, a local startup leader asked if I could blog about some of the more legalistic aspects of recruiting and hr. You know, those things that seriously trip up a company and a promising leadership career?

Here's one I stumbled across, and it's just too good a read to let go by without bringing it to your attention. And not only is it a good read (Category: This can't possibly be true!), it's a good lesson. The post is, Are You a Victim of Sexual Favoritism at Work?

Now, before you get your mouse clicking all revved up, you're going to notice in the legal case that this episode did not occur in a high-tech environment. You'll be thinking to yourself that this stuff couldn't possibly happen in my world. You'd be wrong. I know of two cases where this sort of stuff happened at software companies, and one was at Microsoft.

The Boy Who Cried Wolf

There are many lessons in the House's failure to pass the bailout bill on Monday.

One key lesson is that of the fable, The Boy Who Cried Wolf.

As a leader of a team, or teams, or company, you only have so many 'crisis' arrows in your quiver. And, when you use them, it's of critical importance that 1) There really is a crisis; 2) That in past crises you performed well for the team and their constituents, and that you set aside petty differences in crafting the solution with them; 3) Everyone clearly understands the threat the wolf represents.

Trust.