Latest / Your Money, Your Rules | Financial Mastery, Wealth Mindset, Leadership Principles, Intuitive Decision-Making, Human Design / 70 | HR & Employment Law Secrets Every Business Owner Should Know (with Jacquiline Wagner)
Transcript
- 0:00Erin Gray: You're listening to Generate a Life Well-Lived podcast.
- 0:02Erin Gray: I'm your friend and confidant, erin Gray.
- 0:04Erin Gray: On this podcast, we will explore all things money, business and self-development, including human design.
- 0:10Erin Gray: I hope you enjoy the journey, where I share everything that I know and am continuing to learn along the way, as I honor my heart's desires while inspiring and encouraging you to do the same.
- 0:20Erin Gray: Hello, how are you?
- 0:22Erin Gray: We just got back from Vancouver Island.
- 0:25Erin Gray: It was an amazing trip.
- 0:28Erin Gray: I typically don't travel like that because I'm more of a.
- 0:32Erin Gray: We travel for a longer period of time.
- 0:34Erin Gray: We only went for a week.
- 0:35Erin Gray: We travel more slowly.
- 0:38Erin Gray: I would probably describe it as our travel style, but we were there for a week and there was a lot to see, and so it did feel like a full court press and recognizing how much I love travel and also allowing myself a little bit of downtime and integration and processing when I get back home.
- 0:59Erin Gray: We got to see orcas and humpback whales and bald eagles and sea lions and all the marine life.
- 1:08Erin Gray: It was so fun, so good.
- 1:10Erin Gray: I definitely highly recommend Vancouver Island.
- 1:14Erin Gray: It was because it's off season.
- 1:16Erin Gray: There was hardly anyone where we stayed.
- 1:20Erin Gray: We like to stay at Airbnbs and we stayed up in Parksville, which is a little bit north of Nanaimo, and it was a great place If you're thinking of going great place to stay because you are kind of equidistant to a lot of things.
- 1:35Erin Gray: Uh, originally we had talked about staying in Victoria and that is at the very South tip of the Island and the day trips that we were doing I think it would have been a little bit more difficult time-wise in the car, so it was good that we were up a little bit more Parksville area, a little bit North of Nanaimo.
- 1:54Erin Gray: So, getting back into the swing of things, always grateful for all of the trips that we take, people that we get to talk to, like people that we get to talk to, and recognizing really how much we are, I mean, I know we're nature and also how much we've been conditioned out of you know being nature in the sense of you know nature has its rests and it has its springtime and it's getting towards winter and so you know asking yourself are you fighting against because of some prescribed way that you know someone has told you that you need to run your business versus are you honoring the ebbs and flows of nature?
- 2:39Erin Gray: And sometimes it requires a little bit more rest and rejuvenation for us to come back and feel replenished.
- 2:50Erin Gray: So I just want to encourage you to honor what your body is asking of you, what it is telling you.
- 2:59Erin Gray: I recognized yesterday that I was definitely tired.
- 3:03Erin Gray: We long story.
- 3:04Erin Gray: We were going to fly, but our plane had mechanical issues and so we got bumped to a later flight.
- 3:12Erin Gray: And then that flight was the same flight that was having mechanical issues and it was already delayed again, and so I didn't want to wait for the delay and then it'd be delayed again, so we just rented a car.
- 3:23Erin Gray: So we ended up driving, which we typically don't drive long distances and just recognizing how tired I was from the drive and you know, aaron, you know several years ago would have forced myself to work yesterday and just recognizing that my body was asking me to be still and to rest so that I could come back, you know like I felt much more energized this morning and today than I did yesterday.
- 3:47Erin Gray: So, just honoring what your body is asking of you and being in tune with that.
- 3:55Erin Gray: So on today's podcast I have Jacqueline Wagner.
- 3:58Erin Gray: She is a human resource and employment law attorney.
- 4:01Erin Gray: I love her take on emotional intelligence, self-awareness, empathy.
- 4:06Erin Gray: You know, when I worked for my dad and my uncle in our construction business.
- 4:11Erin Gray: You know we I worked really closely with an employment attorney and just visiting with Jacqueline and her views on a win-win situation for both right Employee and employer not just seeing it as one-sided and really educating the employer, the company, so that they can empower their employees and not allow it to get to a point where an employee feels like they are not being heard.
- 4:46Erin Gray: I loved our conversation, so grateful that she was able to come on and share her wealth of knowledge with us.
- 4:52Erin Gray: So let's dive into our conversation.
- 4:54Erin Gray: Hey everyone, thanks for tuning in today.
- 4:56Erin Gray: So so glad you're here.
- 4:58Erin Gray: I have Jacqueline Wagner on the podcast, so thanks, jacqueline, for coming on, for sharing your wealth of knowledge with us and so happy that you're here.
- 5:07Jacquiline Wagner: Thanks so much, erin.
- 5:08Jacquiline Wagner: Thanks for having me, yeah.
- 5:10Erin Gray: So do you want to dive in just a little bit about how did you become or get into employment law and then kind of your story, just a little bit for the listeners and viewers.
- 5:21Jacquiline Wagner: Oh gosh, how I got into employment law is kind of a funny story.
- 5:24Jacquiline Wagner: And viewers oh gosh, how I got into employment law is kind of a funny story.
- 5:29Jacquiline Wagner: So I grew up in a union home.
- 5:30Jacquiline Wagner: My dad was a teamster and I grew up with that mentality of a person who's not in management, not the employer, not the business owner, the person who is getting the job done, the boots on the ground, and that was my orientation.
- 5:53Jacquiline Wagner: When I went to law school, I really didn't know what kind of law I wanted to practice, but with the tech boom happening in the mid 1990s, I thought okay, if I go into tech, I'll have some job security.
- 6:05Jacquiline Wagner: So I started.
- 6:07Jacquiline Wagner: I took classes on copyright and patent law and anything I could think of that might eventually relate to technology.
- 6:19Jacquiline Wagner: And that was a really smart move.
- 6:21Jacquiline Wagner: The only problem with it is that I hated it and it was boring.
- 6:25Jacquiline Wagner: And so I was going to, I was prepared to hunker down and, um, you know, just do my job, my boring little job I was.
- 6:34Jacquiline Wagner: I was totally prepared for that.
- 6:35Jacquiline Wagner: And then, um, I was interning, uh, and the woman who was overseeing my work was the.
- 6:43Jacquiline Wagner: It was in-house with an organization, and the woman who was overseeing my work was the.
- 6:45Jacquiline Wagner: It was in-house with an organization.
- 6:48Jacquiline Wagner: And the woman who was my mentor overseeing my work the attorney overseeing my work told me hey, I don't, we don't have enough work in copyright patent right now, so I'm going to need you to jump in on some employment law cases.
- 7:07Jacquiline Wagner: And I was really nervous about that because, coming from a union home, I thought, oh gosh, I'm going to get flack for this.
- 7:20Jacquiline Wagner: So I was in my early twenties, so my dad's opinion of me really mattered then.
- 7:26Jacquiline Wagner: So, uh, I said, okay, you know, I, I, I was taught a really good work ethic that you get you do the job that needs to be done.
- 7:36Jacquiline Wagner: And I, I did, I, I got right into it and did the work and I loved it.
- 7:41Jacquiline Wagner: I really loved it.
- 7:42Jacquiline Wagner: And she told me.
- 7:44Jacquiline Wagner: She said, you know, after I'd done a few things for her, she said you know, you seem to really have an aptitude for this.
- 7:51Jacquiline Wagner: You really relate to the employee's perspective and we're you know we can leverage that in defending the employer, because we know where the employee is coming from and that'll really help you with being a good internal voice, um, for management.
- 8:10Jacquiline Wagner: I thought, oh, I could never do that.
- 8:11Jacquiline Wagner: I could never do that, she said, and I explained to her why and she thought that was pretty cute because I was so young.
- 8:18Jacquiline Wagner: And um, uh, she said why don't you do this?
- 8:22Jacquiline Wagner: Why don't you call your dad and why don't you get his blessing and see if it works out?
- 8:27Jacquiline Wagner: I have a feeling he'll say yes.
- 8:29Jacquiline Wagner: I was like there's no way, there's no way.
- 8:31Jacquiline Wagner: And I called him up and he was a furniture and delivery man my whole life for 35 years.
- 8:40Jacquiline Wagner: And I called him up and I said I have this opportunity.
- 8:45Jacquiline Wagner: The employee, the attorney who handles employment law, says I have an aptitude for it.
- 8:52Jacquiline Wagner: I really like it, it's interesting to me, and he asked some probing questions.
- 8:58Jacquiline Wagner: So let me get this straight You're going to be working for the employer.
- 9:01Jacquiline Wagner: You're going to be doing their bidding, bidding.
- 9:03Jacquiline Wagner: Yes, that's what I'm going to be doing, uh, and I really like it.
- 9:08Jacquiline Wagner: I've done a little bit so far and I really enjoy it.
- 9:12Jacquiline Wagner: And he started to say and I thought this was going to be the crushing blow where he told me no way.
- 9:17Jacquiline Wagner: He said I didn't lift refrigerators over the tops of countertops for 35 years so that you could, you know.
- 9:26Jacquiline Wagner: And I'm waiting for his next line.
- 9:29Jacquiline Wagner: And he said so that you could do a job you hate.
- 9:33Jacquiline Wagner: I did a job I hated so that you could choose what you want to do and you get to make your own career trajectory.
- 9:43Jacquiline Wagner: And I totally support you and I totally applaud you for finding something that you love.
- 9:49Jacquiline Wagner: And everybody's goal is to find something you love.
- 9:52Jacquiline Wagner: And you know, thanksgiving dinners were a little tense at first but everybody got over it and I was able to advocate for why what I was doing was really good work and important work and illustrate how I could, from the inside, give the employees perspective.
- 10:17Jacquiline Wagner: And I was really good at that and they appreciated that.
- 10:19Jacquiline Wagner: And from then on, you know, I've been practicing now for 25 years and I love it.
- 10:27Jacquiline Wagner: I love every day.
- 10:28Jacquiline Wagner: It is fascinating, fun work and I wouldn't trade it for copyright ever again.
- 10:35Erin Gray: I'm like dad you bring tears to my eyes.
- 10:38Erin Gray: That's the sweetest thing ever Because for some of us, right, we have done work.
- 10:44Erin Gray: we don't love for money and it feels absolutely terrible in the body and I think you have such a unique perspective.
- 10:54Erin Gray: It's like we don't know it at the time, right, but all those years that you got to hear the employee side because I think a lot of times we think of law or and it's this very the word that comes to mind is like come, it sounds combative or it could be combative versus how can we make this a win-win for both of us?
- 11:14Erin Gray: That's right, and you know, how can we support each other and we get what we both want out of this?
- 11:20Erin Gray: Versus somebody's got to win and somebody's got to lose.
- 11:23Erin Gray: Like a zero sum game, very lack mentality versus yeah, love-based, and like how can I support my, my employees and how can I also, you know, support myself as the?
- 11:36Jacquiline Wagner: business owner.
- 11:37Jacquiline Wagner: That's right.
- 11:38Jacquiline Wagner: You know I have the unique opportunity to, with that, all that information I have about the employee side and I was an employee for a long time too being able to pop the hood of the employer and look inside and say, hey, I think we could do this better, I think you could do that better, do this better, I think you could do that better.
- 12:04Jacquiline Wagner: And you know, in a way that, as you said, comes from a place of abundance, not lack, Comes from a place of if I foster my employees to maximize their full potential, I'm going to get their full potential, I'm going to receive their best work, and so it's an investment in the workforce that's going to pay back in spades.
- 12:35Erin Gray: I guess, is how I call it.
- 12:35Erin Gray: Dividends is the word that comes to mind.
- 12:37Erin Gray: Yeah, dividends, thank you.
- 12:39Jacquiline Wagner: It's going to be an amazing payback because it's an investment that you're making in your workforce.
- 12:47Erin Gray: So for for entrepreneurs that are starting out or they're kind of moving to like, okay, I'm starting to hire people.
- 12:55Erin Gray: And to everyone that's listening and watching, you know that I am all about empowerment.
- 13:01Erin Gray: So like, go do your own research.
- 13:02Erin Gray: Like Jacqueline's not giving you advice here, we're not telling you what you should be doing, we're just opening.
- 13:07Erin Gray: I always say, like we're getting you to like, see beside, behind Jacqueline's laptop, of what she sees, what she experiences, so that you know.
- 13:15Erin Gray: Because one of the questions that clients typically say is like I don't know what I don't know, like I don't even know the questions to ask because I don't even know the knowledge isn't there.
- 13:24Erin Gray: So what, what do you see?
- 13:26Erin Gray: Or what would you?
- 13:27Erin Gray: When I say suggest, I don't mean advise, but just like what has been your?
- 13:31Erin Gray: You know when you're going from okay, you're a single person shop to okay, I'm now I'm starting to either contract out or I'm having employees, kind of what, what is that Right?
- 13:44Jacquiline Wagner: Right, okay, employees, kind of what.
- 13:47Jacquiline Wagner: What is that?
- 13:47Jacquiline Wagner: Right, right, okay.
- 13:47Jacquiline Wagner: So I want to set, so I want to tee up the ball with a little.
- 13:49Jacquiline Wagner: Another little story, okay.
- 13:51Jacquiline Wagner: So there is a famous adage, um, that I'm gonna kind of relate in common parlance.
- 13:58Jacquiline Wagner: So picture you're out camping with your family in some random forest, some, you know, woods forest, whatever your, uh, particular demographic, your particular geography, yes, and you come across a stream and you notice that there are babies floating down the stream of.
- 14:24Jacquiline Wagner: Of course you're going to run down to the stream and start pulling out babies out of this stream to make sure none of these babies drown, right.
- 14:35Jacquiline Wagner: And let's say you're doing that for an hour.
- 14:39Jacquiline Wagner: You're pulling babies out of the stream, you're saving a lot of babies, most of the babies.
- 14:44Jacquiline Wagner: You're saving them and you're feeling good about that.
- 14:46Jacquiline Wagner: But then at some point in that time frame you have to look upstream and go where are these babies coming from?
- 14:55Jacquiline Wagner: How do I prevent the babies from coming down the stream in the first place?
- 14:59Jacquiline Wagner: So that's sort of what I've done in my career for 25 years.
- 15:06Jacquiline Wagner: I litigated pulling babies out of the stream, as they were rushing down the stream, pulling babies out of the stream.
- 15:14Jacquiline Wagner: You know, litigating, resolving lawsuits, litigating lawsuits it's exhausting.
- 15:23Jacquiline Wagner: It is it's exhausting, but it doesn't solve the problem of where the baby's coming from.
- 15:29Jacquiline Wagner: Yep, how do we prevent the babies from coming down the stream in the first place?
- 15:33Jacquiline Wagner: And with 25 years experience of getting to pop the hood of so many different employers, I have a pretty good idea of how to prevent the babies from falling down the stream in the first place, and I sort of milk it down to a top five of how you, how an employer, a new employer can leverage preventing litigation, employment litigation, stubbed toes, babies coming down the stream in the first place.
- 16:08Jacquiline Wagner: The first place I like to start is by cultivating the emotional intelligence of the leadership of the organization, and that has to come from the top down.
- 16:24Jacquiline Wagner: In the 1990s, an industrial psychologist named Daniel Goleman coined a phrase that was already used in psychology, but he coined it to apply to the workplace, called emotional intelligence, and he wrote a book, and now he's written.
- 16:46Jacquiline Wagner: You know 10, 11, 12 books and he's a book, and now he's written.
- 16:48Jacquiline Wagner: You know 10, 11, 12 books and he's a renowned author now.
- 16:50Jacquiline Wagner: But at the time he was positing that more important to success than their substantive knowledge in their uh, chosen profession is what's known as emotional intelligence, self-awareness, empathy, self-regulation, motivation and social deafness or social skills.
- 17:25Jacquiline Wagner: Those five components, when well-fostered, will allow someone to maximize sort of those soft skills that make a great leader and they're going to get really far in their career very quickly.
- 17:41Jacquiline Wagner: And we see it with young politicians, young entrepreneurs, young folk who kind of feel like an old soul.
- 17:53Jacquiline Wagner: It's because they're fostering the emotional intelligence and that has to come from the top of the organization.
- 18:02Jacquiline Wagner: Human resources can campaign to have leadership foster their emotional intelligence, but if it's not coming from the top, if there's not buy-in from the top of the organization, it's not going to be somewhere.
- 18:18Jacquiline Wagner: With changing the culture and climate of the organization to have less litigation and more psychological safety among employees, that's where to start with cultivating the emotional intelligence of the leadership themselves.
- 18:49Erin Gray: It's like parenting, I mean.
- 18:51Erin Gray: It's right in the sense of like we're, so we want our children to behave a certain way, but they're modeling us and so in.
- 18:59Erin Gray: You know, employer, employee relationship, like the energy doesn't lie, it doesn't matter what you're saying, it's how you are energetically interacting with your people and how you are with yourself and how are you responding to your customers and your clients and like that, all that's all that emotionally.
- 19:18Erin Gray: What you're referring to is that emotional intelligence, like, are they aware?
- 19:21Erin Gray: Are they, are they a do as I say, not as I do, or or are they like?
- 19:25Erin Gray: No, like I walk my walk and I, you know, I Right, yeah.
- 19:30Jacquiline Wagner: And there is a way you know.
- 19:31Jacquiline Wagner: If you do, if you set goals and expectations in an emotionally intelligent way, you'll be like the Pied Piper your team is going to want to follow you into success, and so that investment into fostering the emotional intelligence of leadership will pay off in dividends.
- 19:54Jacquiline Wagner: And then the second thing I recommend is employee handbooks that are well communicated and defined.
- 20:06Jacquiline Wagner: An employee handbook is not just, you know, an articulation in black and white in writing of performance expectations or what's legally required.
- 20:21Jacquiline Wagner: It's also the employer's first opportunity to communicate with new employees about the culture and climate of the organization.
- 20:34Jacquiline Wagner: What do we stand for?
- 20:36Jacquiline Wagner: What do we expect of our leadership?
- 20:39Jacquiline Wagner: How will you be treated at this organization?
- 20:43Jacquiline Wagner: What is the trade-off?
- 20:45Jacquiline Wagner: And we want to emphasize that here you will feel valued, seen and heard.
- 20:51Jacquiline Wagner: That is so important that communicating that to the workforce right out of the gate is so important.
- 21:03Jacquiline Wagner: So often, when an employee handbook only sets forth you know what's legally required and leave time or wage an hour and it sets performance expectations, you know you're an at-will employee.
- 21:19Jacquiline Wagner: We're going to fire you if we want.
- 21:22Jacquiline Wagner: You don't have any rights.
- 21:23Jacquiline Wagner: You know that's very.
- 21:24Jacquiline Wagner: That's important to say out loud.
- 21:26Jacquiline Wagner: But what's more important is to set your climate and culture.
- 21:30Jacquiline Wagner: This is what we're about.
- 21:32Jacquiline Wagner: You're going to feel valued, seen and heard.
- 21:36Jacquiline Wagner: You know, here's where you complain.
- 21:39Jacquiline Wagner: If you have a gripe.
- 21:40Jacquiline Wagner: Here's an employee resource group that you can go to.
- 21:44Jacquiline Wagner: If you belong to a protected class, here's you know, here's this resource, here's that resource.
- 21:52Jacquiline Wagner: You can set up the ball to begin someone's employment in a good feeling way so that they want to give that best effort to maximize their full potential.
- 22:08Jacquiline Wagner: I think that's a tremendous opportunity for employers.
- 22:14Jacquiline Wagner: Many employers don't even have an employee handbook, or if they do, it's rudimentary.
- 22:20Jacquiline Wagner: You know something they bought off the internet that, just you know, sets forth what the law provides.
- 22:26Jacquiline Wagner: That's a missed opportunity in my in my view.
- 22:30Erin Gray: I wrote down it's.
- 22:31Erin Gray: It's either like you're checking the box or it's actually an embodiment, right?
- 22:35Erin Gray: It's almost like values.
- 22:36Erin Gray: Like you don't do values for your company because that's what everyone says you do.
- 22:41Erin Gray: You do values because those, to me, are like your North star, your guiding light, like okay, when I'm like gotten off track, what, what are those things that are really important to me that I'm going to make my decisions from?
- 22:51Erin Gray: It's the same way with you know, like are you just doing this?
- 22:54Erin Gray: Like you're saying, okay, we have to have this.
- 22:56Erin Gray: Somebody said we have to have this to protect us, versus no, this matters to me.
- 23:00Erin Gray: I want to have this be used as a way that this is another way to show support to my employees that you know this is, this is how we will support you, this is how we will and when I say take care of you, you know what I mean.
- 23:14Erin Gray: Like that we will.
- 23:15Erin Gray: You know, honor you.
- 23:16Erin Gray: Like you say, see, see, you value you.
- 23:18Erin Gray: And yeah, yeah, yeah.
- 23:21Jacquiline Wagner: That's right.
- 23:22Jacquiline Wagner: So many employees don't feel valued, seen and heard, and so, just saying it out loud, it is.
- 23:31Jacquiline Wagner: It is a tremendous.
- 23:33Jacquiline Wagner: It has a tremendous impact on employee psychological safety.
- 23:38Erin Gray: Have you seen over the years because I feel like I've been in the male dominated industries and I love men so much and I and I think about sometimes of like how they've had to put on this brave face and shut down the emotions because that's kind of you know, the 70, 80s and 90s have you seen a change in employers of what you're saying?
- 24:02Erin Gray: Like allowing the emotions to be there too?
- 24:05Erin Gray: Like we do see you, we do value, like not this separation of like there's work and there's home and like don't mix the two together.
- 24:11Erin Gray: Like very much of you're a whole person.
- 24:14Erin Gray: You know you have feelings.
- 24:16Erin Gray: That shows up here too.
- 24:17Erin Gray: We're here, we're support you.
- 24:18Erin Gray: How can we?
- 24:19Erin Gray: How can we help?
- 24:21Jacquiline Wagner: Yeah.
- 24:21Jacquiline Wagner: So the movement is to, you know, bring your whole self to work.
- 24:27Jacquiline Wagner: And and when you encourage leadership to cultivate their empathy component of emotional intelligence, that's really what you're asking them to do is to allow the people they lead to bring their whole self to work.
- 24:42Jacquiline Wagner: You know, I've got this situation at home or I got to leave early because Billy has a baseball game, or I'm contending with a divorce, or I'm looking for support in this way because I'm going through this.
- 25:02Jacquiline Wagner: That's all really important, and where I'm seeing it the most is permission to tend to family matters in a way that we didn't see 20 years ago.
- 25:18Jacquiline Wagner: You know when the employer says out loud we want you to go to the baseball game, the basketball game, you know, with your kid, for your kid.
- 25:32Jacquiline Wagner: We want to cultivate that.
- 25:34Jacquiline Wagner: We encourage you to bring your kid to work on XYZ days, what you know, so that they can see where you work and they can see what you do and they can see why you're away.
- 25:49Jacquiline Wagner: That's where I'm seeing the most movement, and remote work too, offering remote work as a support to folks with kids and even single people who have no reason to come in.
- 26:06Jacquiline Wagner: They're the most technologically sound folk and so they're.
- 26:11Jacquiline Wagner: You know they've already got it all figured out.
- 26:18Jacquiline Wagner: They don't need the FaceTime like we did 20 years ago.
- 26:20Jacquiline Wagner: That's where I'm seeing the most movement is with that older generation, who maybe has grandkids, now seeing the value of the relationship with the children in a way they may not have gotten to see when they were, when their children were little, and now supporting their younger workforce, maximizing that time with their families, because you know you can go to the baseball game at three o'clock and have dinner with your family and then, when the kids are in bed, you know, keep working, understanding that as an employer, that the work doesn't have to be done under the roof of the employer.
- 27:03Jacquiline Wagner: That's been a huge transition and I think the pandemic really lent itself to illustrating that for many employers.
- 27:12Jacquiline Wagner: I think had the pandemic not happened, it would have been a harder sell.
- 27:18Jacquiline Wagner: It was starting to happen, but the pandemic really underscored the ability for so many people to work from home or to work after hours.
- 27:29Erin Gray: Yeah, I remember when I was working in my family's business and my dad said, when Grayson, my daughter, was little, he said, you know, aaron, I, I didn't realize how much your mom did until you have Grayson.
- 27:42Erin Gray: And you're like, yeah, I can do that, but it'll have to be after this time or you know all of that because back in the eighties, right Old school way of doing things, it was like most, most was the husband worked and the mom stayed at home.
- 27:56Erin Gray: And that's not the way that it is anymore.
- 27:58Erin Gray: And like you're saying so, if you're at work all the time and you don't recognize, oh, mom's got to juggle all of these things.
- 28:05Erin Gray: And now working moms are juggling all of these things and we're still.
- 28:13Erin Gray: You know so and and I wrote down a couple of things of like that old school way of thinking, like you have to be.
- 28:15Erin Gray: I mean, this was very robust conversations I used to have with my uncle, because after I had Grayson, I was like I'm not coming back to work, I'm going to work at the house because the nanny could come over or she could take Grayson and I'm not going to drive an hour there and an hour back and haul her and all of the things.
- 28:33Erin Gray: And how am I going to breastfeed, and just all of this stuff, right?
- 28:35Erin Gray: And this idea, this old school way of thinking that, okay, in order for you to work, you have to physically be here, like this almost lack of trust.
- 28:44Erin Gray: It's almost like I have to see you, right, I have to see you here, but how many people go to work and don't physically work?
- 28:52Erin Gray: They end up talking at the coffee area or whatever you know.
- 28:55Erin Gray: And so this, this almost sense of lack of trust in your employees, and that they, that they have agency over themselves, sovereignty over themselves, that they can get stuff done.
- 29:06Erin Gray: And it doesn't.
- 29:07Erin Gray: It doesn't lend to a, a cohesive work environment, right, because if you're thinking that I'm on this team and you're on that team, you know employer versus employee versus we're all on the same team Like, how can I help you?
- 29:23Erin Gray: Like, okay, you're going to go to your kids and then you're going to, it doesn't matter how long you're working.
- 29:29Erin Gray: It's just like, are you completing the, the tasks that you need to?
- 29:32Erin Gray: Whether you do it and that was, that was another thing that we would go around and around it's like it takes me such less time than someone else, right, but so it looks like I'm not.
- 29:41Erin Gray: Well, what are you doing?
- 29:42Erin Gray: Well, I've already done it, I've mastered it and I'm so celebrating the employees that are able to master things faster and take on more responsibility and things of that sort.
- 30:01Jacquiline Wagner: Sure, I totally agree.
- 30:03Jacquiline Wagner: All of that mindset is steeped in the feudal system and slavery.
- 30:09Jacquiline Wagner: Right, the origins of employment in the United States are harkened back to the feudal system of old and this unfortunate slavery system.
- 30:24Jacquiline Wagner: And, you're absolutely right, it's steeped in a lack of trust because the assumption is this person does not want to be here and they're here by force, yep, and so I can't trust that they're really going to get the work done because they don't want to be here in the first place.
- 30:42Jacquiline Wagner: But if you lift that assumption, which is steeped in the feudal system and slavery, if you lift that indentured servitude, if you lift that assumption that they don't want to be here because they're only here by force, well then you can start to cultivate trust with the employee and realize that they're just as invested in getting the job done and doing a good job and it's their profession.
- 31:12Jacquiline Wagner: Of course they want to.
- 31:15Jacquiline Wagner: If you start with that assumption, instead of they don't want to be here and they're here by force, that really flips the entire employment paradigm on its head.
- 31:26Jacquiline Wagner: Yeah, I do lecture about the origins of our employment paradigm in the United States and when people really wake up and realize oh my gosh, that's the, or those are the origins of our employment system.
- 31:46Jacquiline Wagner: Yeah, and employees have been working toward, you know, this different way of thinking for centuries, different way of thinking for centuries.
- 32:02Jacquiline Wagner: It really does help employers to see oh okay, I don't want to be any kind of part of that, so I'm going to try to do it this other way.
- 32:07Jacquiline Wagner: And I have yet to see an employer be disappointed from changing its paradigm.
- 32:15Erin Gray: It's interesting you say that, that it's almost like that awareness, you know, you, you started with talking about emotional intelligence, and part of emotional intelligence is awareness, and so not even being aware.
- 32:25Erin Gray: And what I also think, too, is how we treat others is typically how we treat ourselves.
- 32:31Erin Gray: So, from an employee, from an employer standpoint, if you are expecting an employee to to work late or to come in when they're sick, you're probably expecting that from yourself, and so how much we just continue to.
- 32:47Erin Gray: It's just like parenting, right, like we just continue these cycles because we aren't even aware.
- 32:51Erin Gray: Like wait, do I even let myself have a sleep in day?
- 32:55Erin Gray: Do I, you know?
- 32:56Erin Gray: Do I have to be throwing up in order to say I'm not coming to work, or can I just say, like my body's really tired today, I'm going to take it easy and I'm going to come back tomorrow?
- 33:03Jacquiline Wagner: or even a mental health day.
- 33:05Jacquiline Wagner: Yes, yep, we value our own mental health.
- 33:08Jacquiline Wagner: Where I just need it, I'll do the work but I just cannot drive in.
- 33:20Erin Gray: I just cannot.
- 33:20Erin Gray: Yeah, um, so do you want to do you want to switch a little bit into?
- 33:22Erin Gray: Because one of the things that we talked about Jacqueline and I talked before, we, you know, hit the record button of you know, I always want to come from that place of empowered, or love right Versus fear, and so, with you, kind of said, you give workshops with the, the slavery, and I want to, actually, I want to go back to that, because golden handcuffs right, like even that term of like golden handcuffs and like let's pay them really well.
- 33:49Erin Gray: And yes, we want to make good money because we have desires and we want to be able to live a certain way, but there comes a point in time where money doesn't, money is not the drive.
- 34:01Erin Gray: Where you're, you want to feel a part of something bigger.
- 34:04Erin Gray: Like that to me, I think, is such a bigger drive from an employee standpoint I'd be interested to hear your feedback on that versus like money is the thing that's going to keep people to stay.
- 34:14Erin Gray: Like comes back to that slavery mindset, I think.
- 34:19Jacquiline Wagner: Yes.
- 34:19Jacquiline Wagner: So one of the components of well-cultivated emotional intelligence is motivation.
- 34:26Jacquiline Wagner: Not just your own motivation of what makes you tick, but also the folks you lead.
- 34:30Jacquiline Wagner: So it's incumbent upon you as a leader, to figure out what is the motivator of the person I'm leading.
- 34:41Jacquiline Wagner: Not what I would want, but what they would want, right?
- 34:44Jacquiline Wagner: So some people do want money, and there's nothing wrong with that, right?
- 34:48Jacquiline Wagner: They just want money.
- 34:49Jacquiline Wagner: They don't care how they're treated, they just want the paycheck.
- 34:52Jacquiline Wagner: Other folks need an attagirl or praise in some fashion.
- 34:59Jacquiline Wagner: Other folks need that psychological safety.
- 35:03Jacquiline Wagner: They need to know that they can trust the person who's leading them, that they are trusted, that they have psychological safety and that they can bring their whole self to work.
- 35:15Jacquiline Wagner: They're not having to fake it or code switch or be somebody who they are not in order to be respected and valued at work.
- 35:26Jacquiline Wagner: So motivation means a lot of different things to different people and you have to honor if you want to be effective leader, you have to honor what you pick particular person you're leading.
- 35:43Jacquiline Wagner: Views as motivation, yeah.
- 35:46Erin Gray: Yeah, freedom was that when you said that I'm like, oh me, totally, yes, money for sure, but freedom, like that is ultimately like what I care about.
- 35:54Erin Gray: And so how much that felt, now that you're saying that, like, how much that felt restricted, like I was like, okay, then I'm going to quit, like you guys can figure it out, you know.
- 36:02Erin Gray: And how quickly that that changed, because it was like okay, no, no, no, we want you to be able to do and help us.
- 36:08Erin Gray: I'm like I'm not going to, like I want the, I want complete.
- 36:14Erin Gray: You know like just let me do my thing.
- 36:15Erin Gray: And here we go back to trust.
- 36:17Erin Gray: So, yeah, that's really interesting.
- 36:19Erin Gray: So, in terms of, if you're from an empowered, from an empowered place, a loving place, where do we get into litigation?
- 36:29Erin Gray: Cause you started off saying you know that's kind of what you were doing.
- 36:33Erin Gray: And then obviously we want to get to the root cause and we want to understand before it gets to that place and also recognize sometimes it does get to that place.
- 36:41Erin Gray: So, yeah, from a, from an empowered place, how do we support ourselves as employers and also employees if it gets to that point?
- 36:55Jacquiline Wagner: All right, so I'll do this in reverse.
- 36:58Jacquiline Wagner: So when an employee doesn't feel valued, seen and heard, when they feel like they can't bring their whole self to work, when they feel like they're not led in an emotionally intelligent way and there is an adverse employment action against them, they're left with no choice but to believe that that adverse employment action is because they belong to a protected category.
- 37:27Jacquiline Wagner: You know, they're a woman, a person of color, a member of the LGBTQ plus community, a particular religion.
- 37:35Jacquiline Wagner: They're left with no choice but to believe that the adverse employment action is because of that and not because their performance is poor.
- 37:44Jacquiline Wagner: You know, if you're properly leading someone, giving them guidance about where they're stubbing their toe or they're lacking, they have a gap in knowledge, or where they can perform better, if you're not doing that in a way that makes them feel safe, that they can make a mistake at work and that it will be supported and guided instead of punished, then the person is left with no choice.
- 38:14Jacquiline Wagner: Right?
- 38:14Jacquiline Wagner: But if you are supporting a person into improving every day and guiding them if they make a mistake, mentoring them into doing a better job with emotional intelligence, you're less likely, as an employer, to get sued when something goes south.
- 38:36Jacquiline Wagner: As an employer, to get sued when something goes south, it's really not fluff when you think of it that way.
- 38:44Jacquiline Wagner: So many employers think all of these soft skills are fluff.
- 38:48Jacquiline Wagner: And wouldn't that be nice.
- 38:49Jacquiline Wagner: I don't have the budget, what have you?
- 38:51Jacquiline Wagner: But then they wonder why there's babies coming downstream.
- 38:55Jacquiline Wagner: But then they wonder why there's babies coming downstream.
- 38:57Jacquiline Wagner: Right, the reason babies are coming downstream is because they're not taking care of those babies not falling into the water in the first place.
- 39:04Jacquiline Wagner: And I was saying there's kind of a top five of preventing the babies from falling in the water.
- 39:17Jacquiline Wagner: I think I mentioned emotional intelligence and employee handbooks.
- 39:19Jacquiline Wagner: I would also emphasize professional development training for training's sake.
- 39:25Jacquiline Wagner: I'm not talking about training your employees in the mechanics of doing their job.
- 39:35Jacquiline Wagner: Oh, we got this new software in.
- 39:37Jacquiline Wagner: We want everyone trained on how to use it.
- 39:39Jacquiline Wagner: That's not what I'm talking about.
- 39:41Jacquiline Wagner: I'm talking about true professional development where you're teaching things like emotional intelligence, how to test yourself, how to cultivate, how to reassess yourself.
- 39:54Jacquiline Wagner: Right, that that is an expectation of performance for a leader.
- 39:59Jacquiline Wagner: Doing these things, putting these things in place in training, is very effective.
- 40:08Jacquiline Wagner: So things you can do are you know, not just what's legally required, you know the prevention of harassment or something like that, prevention of workplace violence.
- 40:19Jacquiline Wagner: You know how to stay safe at work, et cetera.
- 40:23Jacquiline Wagner: But how do you cultivate psychological safety?
- 40:30Jacquiline Wagner: Hearing from your employees, taking a survey in advance of the training, hearing from your employees what they think, how they feel, giving the training on cultivating emotional intelligence to the leadership and then taking, you know, maybe six months later, assessing again, so using metrics to measure where you were, where you are and where you want to go.
- 40:59Jacquiline Wagner: And then the next thing I would recommend employers do is launch investigations, not just when it's legally required, whenever there is bad behavior of any sort, launching an investigation about that bad behavior to nip it in the bud.
- 41:18Jacquiline Wagner: That is a very effective way to ensure that your employees will feel safe that they can bring a gripe, whether it be, you know, something legally recognized or just so-and-so doesn't seem to like me right.
- 41:39Jacquiline Wagner: When an employee is empowered that their concerns will be heard vis-a-vis an investigation, that is a great way to prevent a lawsuit from happening.
- 41:52Jacquiline Wagner: When the employee's gripe was taken seriously and investigated and then documented and a resolution is communicated to the employee.
- 42:03Jacquiline Wagner: Especially if you're going to make a change to the way you're doing things, communicating that to the employee.
- 42:10Jacquiline Wagner: That's a huge impact on preventing litigation.
- 42:17Jacquiline Wagner: And then the fifth way I would recommend to prevent litigation from happening, or at least reduce the risk I should say, is by having some sort of neutral conflict resolution program.
- 42:31Jacquiline Wagner: For when you have a personality conflict among your employees, right, so many times things blow up out of proportion because they were not nipped in the bud initially.
- 42:44Jacquiline Wagner: So two employees not getting along they're at the same level, there's a personality conflict, the work isn't getting done because there's a disconnect in the flow of information.
- 42:58Jacquiline Wagner: And so addressing that, where employee A and employee B can hear each other through the lens of a neutral party who doesn't know the personalities, and say you know, this is what so-and-so is saying, did I get you right?
- 43:16Jacquiline Wagner: Yes, this is what so-and-so is saying.
- 43:17Jacquiline Wagner: Did I get you right?
- 43:17Jacquiline Wagner: Yes, this is what so-and-so is saying, Did I get you right?
- 43:20Jacquiline Wagner: Yes, can you see how it would make them feel?
- 43:22Jacquiline Wagner: Can you see how it would make them feel?
- 43:24Jacquiline Wagner: And addressing that as you go along makes a huge impact on psychological safety and ensuring that an employee feels valued, seen and heard.
- 43:40Erin Gray: This is brilliant.
- 43:41Erin Gray: And it goes back.
- 43:42Erin Gray: I mean, we've talked about it, you know so much here, but it's like, what is the root cause?
- 43:47Erin Gray: Like an emotional intelligence.
- 43:49Erin Gray: I wrote down, you know, like, are we willing to have hard conversations?
- 43:54Erin Gray: Like you have to think about, like from a self-awareness are you okay going in and having a conversation with the employee?
- 44:00Erin Gray: A lot of times we aren't okay with having hard conversations, right, Like we have so many stories within ourselves of, like, what does that make me mean?
- 44:07Erin Gray: What does that mean about me?
- 44:08Erin Gray: Like all of this stuff.
- 44:09Erin Gray: And so we run that through the filter versus this is what so-and-so is performance, or this is what they have done, this is what the standards are, how can we support them?
- 44:20Erin Gray: How can we help them.
- 44:21Erin Gray: And I wrote down too it's like it.
- 44:23Erin Gray: This takes air quotes, this takes time, and so many of us right, like I mean I think a large part of the world's nervous system is not in a creative state.
- 44:33Erin Gray: It is very much in survival based.
- 44:36Erin Gray: Like the nervous system is at that.
- 44:39Erin Gray: Yeah, so I call it survival.
- 44:43Erin Gray: It's just like you're you're in that fight or flight, right, like you aren't in a very relaxed, calm state.
- 44:49Erin Gray: And so if you are always having to think you have to rush to the next thing and I wrote down slowing down, like how much are we actually slowing down and pausing and thinking where we are?
- 45:01Erin Gray: Is this going to get us to where we want to go?
- 45:03Erin Gray: And sometimes we actually have to go a little bit.
- 45:06Erin Gray: You know, the saying is like slow down to speed up.
- 45:09Erin Gray: It's so true Like I haven't found an example of where that hasn't actually been the case.
- 45:14Erin Gray: So, slowing down and actually asking, like you know, how are things going?
- 45:19Erin Gray: Have you read the book I think it's called Infinite Game by Simon Sinek?
- 45:23Jacquiline Wagner: No, I'm going to write that down.
- 45:25Erin Gray: Probably would really love it.
- 45:26Erin Gray: It talks about basically an infinite game or a finite game.
- 45:30Erin Gray: And when you said something about the employees and being heard and things of that sort, it's like the infinite game is not just like what is our goals in our profit this year?
- 45:42Erin Gray: We're talking legacy, we're talking generations to come and like how many business owners think from a visionary legend, you know, like legacy place versus what do we make in this this year?
- 45:54Erin Gray: What are we making in the next five years?
- 45:56Erin Gray: We're talking generations of of people that are going to work for our company and things of that sort.
- 46:01Erin Gray: And and I think that when you put those glasses on and when you think about like what are we actually trying to create here, not just in a short term, sometimes it helps us make that that switch.
- 46:15Erin Gray: I mean there's all of these other things involved.
- 46:16Erin Gray: Sometimes it helps us make that that switch.
- 46:18Erin Gray: I mean there's all of these other things involved, you know.
- 46:20Erin Gray: But but you know, like I think sometimes we're so short sighted versus no, like how does this actually the ripple effect?
- 46:25Erin Gray: You know you and I talked about like the water drop effect and you can explain that.
- 46:28Erin Gray: But that is like when you sit down with one employee and they realize, like, listen, this, this type of behavior, this nitpickiness, is not tolerated in our culture.
- 46:36Erin Gray: This is not how we treat humans.
- 46:42Erin Gray: That spreads out to the rest of the company, right, and the longer that you let that fester and go on, the more that people realize okay, I'm not supported, it's here.
- 46:47Jacquiline Wagner: We go back to like it's not what you say, it's what you're doing, it's how you're being, that's right, yeah, so the the water drop effect is, you know, one drop of water seems innocuous, seems inconsequential, but as it ripples out and impacts the rest of the organization, you see that that one drop of water was actually hugely impactful.
- 47:12Jacquiline Wagner: So, all of these mechanisms that you put in place, you can either have a negative drop of water rippling out to your workforce or a positive drop rippling out to your workforce.
- 47:26Jacquiline Wagner: It's really the employer's choice of what kind of organization they want to be.
- 47:30Jacquiline Wagner: Some organizations do just fine being, you know, draconian, but I posture to guess that they would be even more productive if they treated employees better.
- 47:45Erin Gray: Yeah, it's like long term, like it might seem like it's working, because I think I think a lot of people can be like well, it's working, yeah, but for how long?
- 47:52Erin Gray: How long can you sustain it from that type of vibration, you know?
- 47:54Erin Gray: And the younger the workforce becomes, for how long?
- 47:55Erin Gray: How long can you sustain it from that type of vibration, you know?
- 47:57Jacquiline Wagner: And the younger the workforce becomes well I should say, the longer, the farther back we go in generations of the workforce.
- 48:07Jacquiline Wagner: So things that were important to my father's generation at work not important to the younger generation that's just entering the workforce, and so you have to evaluate who's my workforce and you have to come along with the times.
- 48:23Jacquiline Wagner: You can't just stay where you were 30 years ago and expect your organization to continue to grow and prosper.
- 48:34Erin Gray: Yeah, that's like that old school mentality of like well, this is the way we're doing it, like it or not?
- 48:38Erin Gray: Right, that's right.
- 48:39Erin Gray: Well, what are you breeding within that?
- 48:42Erin Gray: You know you're not going to attract new talent.
- 48:45Erin Gray: You're not going to attract, you know, people that think outside the box or whatever it might be, because they aren't at the same vibrational level that you are Right, and so they're not going to hang around.
- 48:56Jacquiline Wagner: That's right.
- 48:57Jacquiline Wagner: Yeah, that's right.
- 48:59Erin Gray: Do you have anything else that maybe we haven't talked about, that you do want to share?
- 49:02Jacquiline Wagner: Um, I think that I.
- 49:09Jacquiline Wagner: What I do want to say is none of these mechanisms by themselves are going to do the trick.
- 49:17Jacquiline Wagner: It all has to be in unison, ecumenically.
- 49:22Jacquiline Wagner: All of those mechanisms piece together symbiotically to make an organization run in the way we're talking about.
- 49:35Jacquiline Wagner: So you can't say well, I gave one training and it didn't work, that's not it.
- 49:41Jacquiline Wagner: You have to think of it as the ripple effect.
- 49:43Jacquiline Wagner: You gave one training, then you also launched a new employee handbook.
- 49:47Jacquiline Wagner: Sally's putting a fish in the microwave and it's making Mary mad.
- 49:52Jacquiline Wagner: Let's bring Sally and Mary together to talk about it.
- 49:55Jacquiline Wagner: You know, piece by piece, inch by inch, drop by drop, that's, uh, how you change the culture and climate of an organization that makes me laugh because it's like I don't think I'd complain about that, but I totally know the fish.
- 50:14Erin Gray: But you know we laugh about this, but it is, at the basis, as humans, we want to be seen and heard, Right, and so it seems.
- 50:24Erin Gray: So, it could seem so superficial to an employer, but it's not about the fish, right?
- 50:33Erin Gray: It's about hey, I'm saying something that's bothering me and you're not.
- 50:38Erin Gray: It feels to me as if you don't care and you're not listening to me.
- 50:42Erin Gray: Like that's really what the message is is being relayed.
- 50:46Erin Gray: You know, not so much.
- 50:48Erin Gray: I mean, yeah, the fish might stink, but also it's like you're not hearing me, You're not, you're not supporting me.
- 50:53Erin Gray: And so, coming back to and, and it sounds simple, it's not easy, but like, how do we want to be treated?
- 51:01Erin Gray: Like, how, like, as a human, how do we want to be treated?
- 51:05Erin Gray: And are we actually treating our people that way?
- 51:10Erin Gray: And you know, like I've always, like you know, as I grow, like I want, I want the people that work with me not not even for me, Right, Like, work with me, like they feel so valued, so fun.
- 51:22Erin Gray: It's like, what kind of culture do you want to create?
- 51:27Erin Gray: And having that, having that idea right.
- 51:29Erin Gray: Like I always say like won the lottery, but like, even if you do win the lottery, like nothing's going to bring you that feeling, but just that idea of like I feel so grateful and so lucky that I get to work with this person, Like that's what I want them to feel, like you know that it's, and it doesn't have to be miserable to get the job done.
- 51:45Jacquiline Wagner: In fact, it's more impactful, it's more productive to be in a harmonious environment.
- 51:52Erin Gray: Yeah, very much so I mean, I talk a lot about energy and vibration and things of that sort, and it's like it's a lot more fun and you can have.
- 52:00Erin Gray: I mean, does it work or has it worked?
- 52:02Erin Gray: Here we go back to like your dad and my dad, did it work that way?
- 52:06Erin Gray: Yes, but is it more fun?
- 52:08Erin Gray: And could we actually, you know, do a lot more things and more profit and all that if we're having fun and we're, you know, everybody's supporting each other?
- 52:17Erin Gray: probably, yes, you know, and so just because it did work that way, it doesn't mean it needs to continue, or that is the best or correct way.
- 52:24Erin Gray: No, that's right.
- 52:26Jacquiline Wagner: Yeah, I totally agree, yeah.
- 52:28Erin Gray: So thank you so much, jacqueline.
- 52:29Erin Gray: Where can people find you learn more about you?
- 52:30Erin Gray: I'll put all this in the show notes, but just for people that are listening watching notes, but just for people that are listening, watching Sure, my website is wagnerhrcom.
- 52:38Erin Gray: Wagner is W-A-G-N-E-R, h-r as in human resources, wagnerhrcom.
- 52:48Erin Gray: Perfect, okay, I'll put it in the show notes.
- 52:49Erin Gray: Thank you, jacqueline, I appreciate it, thank you.
- 52:51Erin Gray: Erin, I had a great time.