LOST and Employment Law: Live Together or Die Alone

Over two (!) years ago, I posted on how you could learn various employment law lessons from television shows such as Lost or The Office. 

Among the lessons at the time: Make Alliances, Follow your Instincts and Find Success as a Team.

Another theme that the show continually relied upon: If you can't live together, you'll die alone.  It's a good lesson in team dynamics; companies that have employees that work well together, thrive.

With last night's Lost finale (for those that haven't yet seen it, this post is Spoiler-Free), there are some new posts that again try to distill lessons from this iconic show. Mark Toth's Manpower Employment Blawg hits the mark pretty well.   Among the lessons he advocates:

  • Be careful whom you follow.
  • Adversity = Opportunity.
  • Keep key stakeholders engaged

I'd add another item: Whatever happened, happened.  It's a key theme of the show: letting go of whatever has been holding you (or the company) back.  

For human resource professionals, it's easy to look back with hindsight and question decisions that have been made.  It's easy to get caught up in a blame game.   But it's far more difficult to look forward using the lessons that you've learned to build a new approach. 

Never let your past practices hold your company back. If there's been something that should be changed that you've identified, use this summer has a time to develop that plan of action to make the changes needed.  And asking for help from a legal counsel isn't a sign a weakness -- it's a sign that you recognize your flaws and need help correcting them.

For more on lessons learned from television shows, don't miss the That's What She Said blog recapping The Office and a great post from HR Hero about LOST

Employment Law Lessons About the Yankees...As Told by a Phillies Fan

Before the World Series started, I put my word on the line (and the blog) with a friendly wager with Jon Hyman, a rabid Phillies fan and the author of the Ohio Employer's Law Blog.  Whoever lost would have to write about the winning team and tie it into some themes about employment law.

Well, the Yankees won against a very good Phillies team and Jon's post about the Yankees is now up.  He is (mostly) gracious in defeat and points out that just because a team has more resources, it doesn't necessarily translate to a victory.

[T]heir superiority of resources is only part of their ability of success. After all, they’ve outspent everyone for as long as I can remember, and yet this is only their first title in the past 10 years. And so, while they always have the best chance to succeed (and always assume that they will), it doesn’t always work out that way for them. This year, for example, they appeared to come together as a team, and not just play as an amalgam of superstars, which perhaps accounts for why they succeeded this year and failed in the decade prior.

For employers, the lesson is this – in many cases, you will assume that you should win. You may have better facts, better law, more money and resources, the better lawyer, and you may even have had past successes and a good rapport with the same judge. And yet, with all of these supposed advantages on your side, you could still find yourself on the losing end of big verdict. Advantages are just that, but they do not bring home the win. Hard work, teamwork, and even a little bit of luck are all needed to take advantage of your advantages.

I certainly would echo Jon's view.   Working together is an overused cliche in today's corporate world, but the results provide support for it time and again. 

But one other thing about this year's team stands out in my mind as well -- the number of veterans on the team.   The Yankees have been fortunate to keep around players like Derek Jeter or Jorge Posada with experience and good judgment.  As companies continue to restructure and try to save costs, there may be a move to keep cheaper talent.  But as the Yankees proved this year, sometimes keeping the experienced team members around is a recipe for success too. 

And for all the Sox fans in Connecticut who have had to endure a long postseason, just remember: Only 90 days or so until pitchers and catchers report for Spring Training. Hope always springs eternal.

Ricci v. DeStefano Webinar Presentation and Materials Now Available Online

Thank you to all the attendees of our webinar earlier this afteroon on "Ricci v. DeStefano - What Employers to Know".  The attendance was up substantially over our first webinar and the feedback has been terrific.

In case you missed it, however, you're not out of luck.  You can view and download the Powerpoint slides of the presentation through a link here. You can also view and download the complete presentation (with audio) through a link here.  My only request is that if you find the materials helpful, please drop me a line so we can continue to provide useful, relevant content for our readers.

My thanks as well to my colleague Adam Mocciolo for his significant contributions.

Our next webinar is scheduled for August 12, 2009 at noon EST and is tentatively scheduled to tackle the issues Connecticut employers face in dealing with both the federal and state FMLA laws and regulations (which now differ in some significant ways).  We may make a last minute substitution of the topic if there are any late breaking legal developments (which tends not to happen in August). 

Look for details on the blog soon.

Four Employment Law and HR Lessons From "Star Trek"

As employment law and HR professionals, our mission always seem to require us exploring strange new worlds (perhaps a study of the Ledbetter Fair Pay Act?).  

We also seek out new life and new civilizations (the new ADA law does seems to be written in foreign language at times now that you mention it). 

And of course we boldly go (or go boldly) where no one has gone before. (A little pandemic flu hype, perhaps?)

Of course, this "mission" may just be a result of having Star Trek on my mind with the movie opening up tonight.

But, in honor of the new movie, let us take a step back from some of the seriousness and pessimism that's been permeating the workplace during the recession and review four lessons that employers can learn from the Star Trek universe:

  1. Diversity Works.  Think about the first incarnation of the show. There were people on the crew of various races and cultural backgrounds. (And of course, a Vulcan).  Later version featured African-American and female captains.  All of which proves a point -- the diversity of backgrounds can be an advantage in the workplace.  Most companies agree it's important; but acting upon it is another step. 
     
  2. Every Workplace Needs a Little Joy. Never has this been truer than today. The "survivors" at companies whose ranks have been thinned may deal with empty cubicles and quiet phone lines. But even in the toughest of times, workers on Star Trek could have lunch in a "Holodeck" just  to escape.  Think about the little or no-cost things that an office can do to keep the workplace a enjoyable place to work.  These suggestions on how to erase "survivor's guilt" can help.
     
  3. Even a Spaceship Has Rules; Follow Them. One of Star Trek's repeated themes was to follow the "Prime Directive" -- a rule that suggested that the spaceship not interfere in the affairs of another world or alien race.  While that rule was certainly broken from time to time, it controlled much of the leadership team's decisions. Similarly, your company likely has policies and procedures. When was the last time anyone actually READ all of them?  Are your FMLA policies up-to-date? Do you have a social media policy? And are you following your own rules?
     
  4. Good Leaders and Talent Really Can Make All the Difference: As this article suggests, each leader brings a different style. Indeed, it has been suggested that the key to success in human resources is as simple as hiring the most talented people around and letting them be superstars.  Star Trek has shown that high achievers are critical to the success of a ship. In these tough economic times, that lesson has never been more true.  Even as cuts are needed, finding ways to measure talent within your organization and figuring out ways to keep that talent, is crucial to the long-term success of your business.  Avoiding the asteroid fields (or lawsuits) along the way isn't a bad idea either.

Optimism reigns supreme in the Star Trek universe. After a winter of layoffs and flu scares, it's a feeling well worth tapping into. 

Or, as an old "proverb" says: Live long and prosper.

(Also a big tip of my hat to this post discussing other life lessons from Star Trek.)