Things don’t look good. What should we do now?

[B]By FRANK GIBSON[/B] [I]SPECIAL TO THE [/I]SAIPAN TIRBUNE

[B]Question from more than one person: My employees have attended the Transitional Worker Outreach meetings and came back with questions about their future that I can’t really answer. Some of my employees I will have to let go, some will stay—right now it’s uncertain. What can I do? [/B]

I have had this or similar situations and questions posed to me by many employers, and also the corresponding employee questions. What can the employer do now? What should an employee be doing? I don’t have an answer that will solve all of the problems related to our current situation—no one does. It does no good to say that we should have all anticipated this, with or without the final rule, for which we all waited these past two years. It does no good to ask why it took so long to get the regulation out to us. All that I can do at this time is make some recommendations.

First—If you haven’t yet personally attended one of the outreach programs—do so, whether employer or employee. There are still daily opportunities through Thursday of this week. Mr. Gulick and his USCIS staff have been putting in long hours to educate employees and employers about the CW-1 process and to answer questions. Go and hear the information yourself—ask your questions—decide what you are going to do and get to work. If you are an employer, start preparing your company and your employees for what will happen after Nov. 27. If you are an employee, start preparing yourself and your family, depending upon what your personal status will be after Nov. 27. Keep yourself informed of any changes by reading the papers, especially the articles by attorneys Maya Kara and Bruce Mailman.

After that general guidance, let me say that these next several months are going to be difficult for the community and its citizens, both U.S. and non-U.S. Anyone who contemplates the disruption of life that is going to occur to so many of our friends, neighbors, co-workers, and their families will have to be saddened by the thought. There are already many workers without jobs and others that will not be sponsored by their current employers. There will also be those who will be displaced from their work by U.S. workers. Many thousands will be in an unlawful status after Nov. 27. Many will go home to uncertain futures. Children, even some U.S.-citizen children, will be forced to leave school and have to adapt to a foreign system.

So, what can we do? Let me limit that to what can and should employers and their HR staff do? What should they do during these next two months as they determine the future of their companies, decide who they will petition to stay and who not, advertise positions and interview prospective applicants and replacements for their current workers?

In business and human resource terms, companies are going into a period of change that needs to be managed properly to minimize the stress on their employees and the effect on their businesses. Although I will use the term “change,” it in no way adequately describes the effect the upcoming disruptions will have on personal lives, company business or the integrity of the community. Having said that, what does the company do? The challenge will be for the employer and their HR staff to properly manage the change. This requires them to:

* Recognize that the change is going to happen and no miracle is going to occur.

* Determine who the change will affect and to what extent.

* Communicate the upcoming change to all employees, whether directly or indirectly affected.

* Be concerned with the human side of the change and how their employees will be affected.

* Implement the change in a way that minimizes the affect on the employee and the business.

* Live up to the company’s obligation to its affected employees.

If you Google-up change management, you won’t find it described in this fashion. This is my version that tries to simplify more complicated versions to fit our situation. One major difference is that what is occurring to the CNMI is not just an internal retooling or reshuffling. It’s more like a shutdown or major reduction-in-force. To some extent, it will be like what will eventually happen to U.S.-workers when the government finally addresses its employment issues, but with one major difference—the affected employees will not be able to remain in the neighborhood and look for another job.

Assuming that the employer has looked ahead and planned for this moment, they should know what the changes will be. If they have not, it’s certainly past time do so. Management and HR need to be fully aware of how the change will be implemented and what their roles will be. Transparency and communication are vital. It is unfair to hide your intentions from the employees. Let them know immediately what your plans for them are. Are you petitioning them for a CW-1, H1-B, or other visa? Tell them, so they can plan also. If you can’t know for sure until after the advertisement and interviews for their jobs—tell them that, and then get the process completed so that you can give them a definite answer. Don’t lie to them and don’t create false expectations that can’t be met and will delay their coming to grips with, and preparing for, the change.

Keeping affected employees informed allows them to exercise some control over their lives and their futures and to make plans and decisions. If you hide information and planned actions from them, their lack of knowledge will lead to stress, fears and resentment that will destroy the working relationship that may have taken years to build. Additionally, it prevents them from planning and preparing for a major change in their lives.

This is a very personal and stressful situation. Someone in management should talk personally with each employee, explain why this is occurring and give them a chance to express their feelings. This may just be a stress reliever, more than anything that will cause a change, but the employee should have that opportunity. They may, in fact, have an argument or information that might change an earlier decision. Management and HR must work to alleviate the affect this will have on employees. The “loss curve” of shock, anger, rejection, acceptance, and healing applies in this situation. Employees will be depressed, maybe angry and will need your help in getting through it to the acceptance stage. Any healing will probably be much later.

Don’t forget those employees who are U.S. workers or those workers who will be petitioned. They need to be helped in adjusting to the loss of friends and co-workers and in any modifications to their work requirements to make up for the losses. If new employees are hired, it’s important that they be brought into the company with positive expectations, that they be accepted and that no one blame them for the loss of the former employees. The employer must ensure that their business continues to operate successfully.

The employer and the HR staff should handle all phases of out-processing in a dignified and respectful manner. All obligations must be met, financial or otherwise. Assist employees in preparing for their travel home, if that is the situation. Do not encourage anyone to overstay in hopes of a change. Once their status ends there are penalties for overstaying that might affect their ability to return in the future.

There is no way that I can over-emphasize how difficult the handling of the many changes coming up in the next few months will be. Every manager, HR staff, fellow worker, and fellow member of the community should do everything possible to make this transition as easy and as low-stress as possible.

Did I mention that appreciation should be expressed to every worker and family member, with heartfelt sincerity, for the work performed, the contribution to the CNMI community and the sharing of many years of their lives? Please don’t overlook that.
[I] Frank L. Gibson, SPHR, GPHR, owner of HR Support, CNMI, has been a resident of the CNMI for more than 14 years. One of the founding members of the CNMI Chapter of the Society for Human Resource Management, he has worked both as a line-manager of human resources and in the Human Resource Office.[/I]