From the Field
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Tackling HR questions, old and young
At the recent FPDA Summit in Lake Tahoe, Calif., HR expert Pam Krivda of Taft Stettinius & Hollister LLP moderated a fascinating panel on human resources issues that manufacturers and distributors may face. Here are two of the topics that were discussed, on opposite ends of the age spectrum.
PEOPLE, PASSION & SOLUTIONS
What to do about older employees who might be suffering from early signs of dementia? What is the legal requirement associated with somebody like this who is making a lot of errors? Krivda explained that whatever is done has to be handled with dignity and sensitivity. “Dignity and sensitivity do not mean that you have to keep a nonperforming employee forever,” she said. “Sometimes we find people who have gotten angry with you, because the industry has changed, technology has changed, and you’re expecting them to change, and they’re just pissed off. But sometimes you find people who genuinely can’t do it.” The panel felt that, for somebody with cognitive impairment, that would likely fall under the protection afforded by the Americans with Disabilities Act and/or protections that many states offer. There is an interactive process when someone has a cognitive impairment that in their active process is difficult to manage. The best case is to have an HR professional or a labor attorney help script the discussions. That way, you’ll be doing everything required under the law, but you will still eventually be able to hire someone who can do that job. (continued on page 6) 4
From The Field 12-18 FPW_v7.indd 4
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12 • 2018
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12/17/18 12:58 PM
