MMC, INC. E-Newsletter  Volume IV, Issue No. 7

July, 2008

Coping With Stress In The Workplace

News of an economic downturn, concern over job security, and rising costs of basic living expenses can have a toll on most. Thus, the ability to successfully balance life and work stress presents a realistic challenge for many.  This is true because attaining balance can have a positive impact on our overall well-being, health, and professional productivity.

For all of these reasons, this edition of MMC's Client E-Newsletter is dedicated to examining ways to improve work/life balance.  As you consider the articles, tips, and links attached to this newsletter, you may find it helpful to identify concerns unique to your workplace or organization that may require special attention from your MMC human resources outsourcing team. 

For the past 25 years, MMC has enjoyed its role as a leader for innovative management solutions. Our turn-key solutions for Human Resources, Payroll, Employee Benefits, Risk Management and Compliance issues make us an invaluable partner for your organization.  Always feel free to reach our team of helpful professionals at (800) 899-MMCI (6624).

MMC University Announcement

MMC offers continued education courses to Human Resources Professionals, Certified Public Accountants, Attorneys, and more.  In August, MMC will feature webinar courses open to the public on Performance Appraisals and Documentation.

For more information on course offerings or to register for a course in your area, please call (800) 899-MMCI (6624), ext. 5130.

History of MMC

MMC, Inc. was established in 1983 for the purpose of providing highly effective administrative and human resource functions. Our goal is to offer quality services that set the highest standards and exceed the expectations of our clients.

In this issue

• 911 For The Financially Distressed - Financial Planning Advice Can Offer Relief 
• Maintaining Health and A Positive Psyche - Tips For Managing Stress In The Workplace
• Workplace Law Update: EE Must Establish All Elements Of FMLA Interference Claim
• Workplace Law Update: Employer Bares Burden of Proof In Defending Defamation Claims 

911 For The Financially Distressed - Financial Planning Advice Can Offer Relief 

In an interesting January 2008 study conducted by the Society for Human Resource Management, it was revealed that many employees are feeling financially stressed.  Specifically, employers surveyed reported increases in requests which researchers identified revealed financial distress, including:  

• Increases of more than 39 percent during the past 12 months in the number of employees asking for advances on 401(k) funds.
• 26 percent increases in the number of employees with wages garnished by collection agencies.
• 20 percent increases in the number of employees asking for advances on their wages.

Many believe that the sources for financial distress in today's economy are rising credit card debt, exotic mortgages, and stricter lending and refinancing options.  So what hope is in sight for providing employees with relief during these times?  Employer supported efforts to provide employees with education and tools for long-term financial planning.
 
Through EAP counseling and offering access to financial planners, an employee's efforts to obtain financial planning assistance or debt counseling can provide the relief from financial distress that if left unaddressed can result in impaired health, psyche and job satisfaction.  

To learn more about financial planning and debt counseling, consider the tips offered at Solving Debt Challenges.  You should also feel free to contact MMC's EAP provider LifeWorks at the link above, where you can find services as highlighted in this handy Lifeworks Services Brochure.

Maintaining Health and A Positive Psyche - Tips For Managing Stress In The Workplace

Few of us, if any, can control the events in life that impact our day-to-day experiences in the workplace.  Unfortunately for many, the perceived loss of control can serve as a primary source of stress and depression.  And if you are like most, you spend more time than you'd like on trying to control other people's rumors, anxiety, anger and fear.

In his book "Time Power," Dr. Charles Hobbes suggests that generally life events can be analyzed as falling into one of  five categories, which are:

• Events you think you cannot control, and you can't.
• Events you think you cannot control, but you can.
• Events you think you can control, but you can't.
• Events you think you can control, but you don't.
• Events you think you can control, and you can.

Dr. Hobbes also identifies that there are two major issues impacting our ability and need to control: Each of us is really in control and in charge of more events than we generally like to acknowledge; and some things are truly uncontrollable.

Thus when we embrace what our abilities are to control certain events and our shortcomings for being able to control the uncontrollable, we can enjoy a more positive impression of our workplace effectiveness and enjoy greater life satisfaction. 

With this in mind, we have identified the following tips for helping you to cope with workplace stress:

• Practice deep breathing - giving yourself mini breaks can improve your outlook
• Concentrate on the positive - if you seek it, you shall find it
• Set realistic goals - imposing unnecessary pressure on yourself is never positive
• Stay healthy - sounds easy but achieving the same should always be a primary goal
• Develop hobbies - having an outside interest you enjoy can serve as a positive way to maintain work/life balance
• Treat people with fairness and consistency - everyone else can't be the problem in your workday, re-examine how your actions impact others
• Avoid procrastinating - easier said than done, but when you fail to plan you can't expect for events to go smoothly.

We trust these tips are helpful.  Stay tuned for more helpful advice in our future editions of MMC Client E-News.

Workplace Law Update: EE Must Establish All Elements Of FMLA Interference Claim

In an interesting July 24, 2008 published federal court decision, Caskey v. Colgate-Palmolive Co., the 7th Circuit considered the requisite elements for an employee seeking damages under an alleged interference of rights provided under the Family Medical Leave Act ("FMLA").  Namely, to prevail on this cause of action, an employee must prove (1) the employee is eligible for FMLA leave, (2) the employer is covered by FMLA, (3) the employee is entitled to such leave, (4) the employee provided sufficient notice of an intent to take FMLA leave, and (5) the employer denied benefits to which the employee was entitled. 
 
After being terminated for excessive unexcused/non-FMLA absences and having taken FMLA protected absences in the past, and suffering on the job injuries, employee Tracy Caskey was terminated by her manufacturing employer.  The employee alleged among other claims that she was retaliated against for exercising rights under the FMLA and her rights to further leave were unlawfully interfered with by her employer.  The reviewing court found no connection between the absences taken for depression, stress, falling, etc. and that none of the employee's self proclaimed reasons for taking off from work were related to a "serious health condition" protected under FMLA.  Thus the employees allegations of wrongdoing against her employer failed to support a viable claim for damages.  To read the decision in full, click Caskey v. Colgate-Palmolive Co., et al.

Workplace Law Update: Employer Bares Burden of Proof In Defending Defamation Claims

In a July 30, 2008 California Court of Appeal case, a Syrian descendant employee was found to have successfully brought claims of discrimination, retaliation, and defamation allegations against his employer Trendwest.  Tamer Mamou was a member of Trendwest's (a timeshare broker) management team who claims that because he took objection to the company's efforts to discourage employees from taking sick and medical leaves of absence, was terminated in furtherance of the company's apparent goal to break up what they deemed to be an "Arab regime".  Mamou alleged that post-termination, the company also sought to defame him by stating to other employees and clients that Mamou had misappropriated its customer list and was using the information unfairly to compete with Trendwest.

At trial, Trendwest claimed that its claims against Mamou were privileged in that the company was free to discuss its opinions and concerns regarding Mamou's work performance and post-separation activities within the company.  However, under review, the appellate court found that the company could have demonstrated sufficient ill-will against Mamou through alleged discriminatory and retaliatory conduct such that it was quite possible that oral statements made against Mamou and not necessarily based on truth or fact were made with malice or ill-will against Mamou.  Because of malice, the employer could not defend Mamou's claims for defamation by relying on employer privilege. 

This decision highlights the potential risk of liability employers face when they engage in conduct that can be perceived as defamatory against former employees.  To read this lengthy decision in full, click Mamou v. Trendwest, Inc.

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