Month: August 2021

What Leaders Can Learn About Retaliation From Andrew Cuomo’s Mistakes

A TEXTBOOK EXAMPLE: If we needed a textbook example of what not to do after harassment or other workplace complaints have been filed, look no further than the current furrow over how Cuomo’s office handled their responses to the 11 women who have come forward with claims of sexual harassment.

According to the New York Times, How Cuomo and His Team Retaliated Against His Accusers, Cuomo’s minions went into overdrive in order to discredit his first public accuser, former staffer Lindsey Boylan, once she went public with her complaint that the governor had sexually harassed her. The loyalists drafted an Op Ed letter to the New York Times, discrediting Boylan, including claiming that she herself had treated staff poorly, assaulting her character and leaking her personnel files to the press. While the letter was never sent, drafts were circulated both within the office, as well as to former staffers and advisors, and the file was leaked by his aides. In addition, other former aides were trusted with personal and confidential information about the whole situation and trusted to make decisions.

Secret Recordings: Continuing the drama, when yet another staffer voiced support for Boylan on Twitter, his inside staff and outside counselors mobilized to find out if she was working for Boylan and to pressure his then-executive assistant, DeRosa, to call her and record the conversation. The conversation was deleted but not before other staffers heard about it.

Staffers Discouraged: Additional staffers were discouraged from coming forward with their own complaints, once they heard what happened to Boylan and others. Recently, both DeRosa and Cuomo’s special counsel, Judith Mogul, have resigned. Stay tuned…

What Should You Do? 

Stay Neutral: If you’re faced with a harassment complaint in your organization, while it’s always complicated when an investigation involves a top executive, the employer’s obligation remains the same: stay neutral. Leave the investigation in the (we hope) capable hands of your employment attorneys and say nothing until the investigation is finished. If people inside or outside the organization find out about the complaint, give them a general statement that whenever you receive complaints of harassment or discrimination, you make certain that experienced and neutral investigators conduct the investigation and until such investigations are complete, you do not comment.

Retaliation Can Be Subtle: Make sure that everyone involved knows that retaliation can be subtle: gossiping about the parties involved, failing to keep the complaint or personnel records confidential, talking to parties outside the scope of the situation, or disciplining or terminating anyone involved. Only people who need to know should know that there has been a complaint, and that should be a small and tightly controlled group. Certainly, leaking information or writing letters to the press would be beyond the pale. Of course, sometimes discipline or termination can’t be avoided until the investigation is over, but by all means, do your best to avoid any unnecessary actions.

Educate Before You Need to Face the Situation: While most organizations these days conduct training on harassment, not all those sessions include robust material on retaliation and how subtle that can be. Make certain that yours do.

For more articles about retaliation and investigations, check out our Monday Memos.

What Do You Think?

Have you observed subtle retaliation after complaints have been filed? Contact us at: 303-216-1020 or Lynne@workplacesthatwork.com

Think You Have Trouble Hiring? Try Finding Someone to Work in Isolation for 24/7!

HIRING WOES: Most of my clients now struggle with hiring problems: historic labor shortages, and concerns about future virus problems have made finding employees a current crisis. Restaurants, health care, and other service industries have been hit especially hard, but manufacturing and some airline jobs are also suffering.

Yet with effort, flexibility and creativity, the right people are out there.

SHEEPHERDERS WANTED:  I grew up on a sheep ranch and finding someone who wanted to spend months in the mountains with no company but a herd of sheep and your dogs, has always been a challenge but lately, things have become even worse. In the past, ranchers relied on a patchwork of visas and agencies to bring workers in from various countries from Mexico to Peru. With the pandemic and other visa restrictions, however, those sources have dried up. In addition, workers must be willing to spend their days working from sunup to sundown, minding, moving, or tending the herd. Frequently, their nights are also interrupted when the dogs wake them to fend off coyotes or bears. Horses provide transportation and “home” (provided as a perk) is a trailer – generally around 14’ by 8’. Ranchers typically visit every few days with food and other provisions. Forget Internet, although cell phones work in some places.

ONE RANCHER’S SOLUTION: Scott Stubbs searched desperately for an experienced herder to help mind his 1,470 ewes and lambs, summering in the national forests of Utah. Utah Farm Draws a Rare Breed: The American Shepherd – The New York Times (nytimes.com)

Enter beginning herder Duane Rogers, 58, who’d worked on farms, construction, truck driving, and other areas, but had never herded sheep. He loved the mountains, however, and didn’t mind living alone. In Texas recovering from surgery, he found Stubbs’ posting on a state job board and jumped at the chance to move with his five dogs and his dad’s saddle.

While Stubbs would have preferred someone with experience, he needed to fill the position pronto, so he accepted neophyte Rogers and his equally inexperienced dogs. So far, the gamble has paid off. Stubbs has trained his new herder along with his canine companions. The sheep don’t seem to mind Roger’s and his dogs’ lack of tenure. Although the pay is low – around $1700/month in Utah – plus room, board and transportation, Rogers finds that he can bank his pay and pay down debts. And of course, there’s little to spend his paycheck on anyway.

What Should You Do? 

If you’re having trouble finding employees, consider learning from Stubbs’ experience:

Be Willing to Train: Like most employers, Stubbs wanted to hire someone experienced, but since he was desperate, he accepted someone he would need to train. I’m constantly amazed at how often my clients want not only certain skills, but also an exact industry experience. Today, those parameters will limit your options.

Search in Unique Locales: Be willing to find people outside your customary areas. You never know who might be willing to relocate or travel. Advertise online and in publications outside your industry; be willing to recruit at different schools and colleges.

Banish Your Stereotypes: At 58, Rogers may have been considered too old by some for such a physically demanding job, or an employer might have been unwilling to invest in training someone who they assume might retire soon. Yet research has shown that older workers frequently have lower turnover than younger workers, fewer sick days, and work more years than they expected. Just because you’ve never hired a man or a Latino for a certain job, be willing to let go of your old ideas.

Be Creative with Requirements: You may believe that only your standard 40 hours a week or on-site requirements make sense but – especially after the pandemic – many people want to ease back into work with remote work or fewer hours. Be willing to reconfigure the job to gain the best people.

What Do You Think?

With the current labor shortage, what recruiting techniques have worked for you? Call or write us at: For more creative recruitment and retention ideas, read our Monday Memos. Contact us at: 303-216-1020 or Lynne@workplacesthatwork.com