Lost Wagers The stakes are high when dealing with employees who have gambling problems.

Got an employee who's addicted to gambling? That'sprobably not his or her only problem. Compulsive gamblers mayexperience a range of consequences, including divorce, poorphysical and mental health, bankruptcy, and even arrest andincarceration. The costs to family members, the health-care systemand creditors can reach thousands of dollars each year, accordingto a study on gambling behavior conducted by the National OpinionResearch Center at the University of Chicago. But what about thecost to employers? Problem gambling can also lead to job loss andlost wages. So what should you do if one of your employees isgambling too much?

Often, people with compulsive behavior problems--whetherit's gambling, drug consumption or something else--have otherrelated problems in their lives that can affect their performanceat work, says Jon Miller, a labor and employment law attorney withBerger, Kahn, Shafton, Moss, Figler, Simon & Gladstone inIrvine, California. They may be repeatedly late or absent, ordistracted while on the job, which can affect the quality of theirwork. "Certainly the firmer ground for most employers issimply to deal with performance issues rather than get into [theiremployees'] personal characteristics," Miller says.

But a problem with gambling can also turn into financialwoes--and the employee may attempt to solve his or her difficultiesby stealing from you. The solution, says Miller, is to havesufficient safeguards against employee theft. If you suspectsomeone is stealing because of a gambling problem, treat thesituation as you would any internal theft: Investigate thoroughly,and take appropriate action based on the evidence.

Another struggle for employers is the issue of employee privacy.Miller says laws regarding privacy vary by state, but in general,you should be cautious when considering any action regardingoff-work behavior until and unless it begins to affect anemployee's work performance. This is especially important ifyou have no proof that he or she has a problem but have only heardrumors. If the employee doesn't actually have a gamblingproblem but has been the target of false gossip, you may end updefending yourself in a defamation lawsuit.

Some employers think compulsive gambling is a disability underthe Americans with Disabilities Act, meaning you wouldn't beable to fire compulsive gamblers even if their problems affectedtheir work, but that's not the case. "Unlike [with] avariety of other potential disabilities that arepsychological," Miller says, "[employers don't have]a duty to reasonably accommodate or to avoid discriminating againstsomeone because he or she is a compulsive gambler."

Out Of Touch

Are e-mail and voice mail making your employees feellonely?

Electronic means of communicating--such as e-mail and voicemail--are replacing much of the face-to-face contact we had in thepast. And although that may seem to be efficient, it couldultimately hinder employees' productivity.

"Along with high tech, people need high touch--andthat's what we're beginning to miss," says NancyGarbett, president of Transition Management Inc., an organizationalconsulting firm in Salt Lake City. "People don't have theconnections they need to be creative and stay motivated. We musthave [face-to-face] relationships if we're going to beproductive." Furthermore, that lack of human interaction caneventually cause physical illness, Garbett says.

The symptoms of isolation to look out for range from youremployees developing poor attitudes to a rise in absenteeism."It's almost like a little-kid kind of thing--people whineand have a `no one likes me anymore' attitude," Garbettsays.

To combat isolation, Garbett advises holding regularly scheduledmeetings at least once a week. Managers should also informallyspend some time with employees on a daily basis. "Make sureyou interact with people every day in a meaningful way, not justsuperficially," Garbett says. "Walk by and say `hi'to people. Spend five minutes talking--it doesn't have to beabout business issues. A lot of people have the idea that if aperson is chatting with someone else, they're beingunproductive. But chatting often creates synergy, the brainlinkages that result in creativity and productivity."

You can also take your employees to lunch or out for happy hourafter work, or you can periodically bring lunch in and giveemployees a chance to relax together over a meal. It'simportant to remember that work--even when it involvescommunicating with others--can't take the place of the criticalhuman contact necessary for people to maintain healthy andproductive lives.

For The Road

How to keep business travel from taking over youremployees' lives

Business travel is often viewed as the single biggest intrusionwork makes on employees' personal lives, says ChristopherNewton, president and CEO of Work|Life Benefits, a company inCypress, California, that offers career and benefits resourcereferral and administration services. It's challenging, tiringand can create problems at home. But you can make it easier foremployees who spend time on the road to maintain their productivitywhile they balance their work and personal responsibilities. Newtonhas these suggestions:

*Provide a consultation and referral program. Employeesmay need assistance with a variety of service and information needsrelated to travel and to caring for their families whilethey're gone. This is especially important for inexperiencedtravelers and for employees who are primary caregivers for childrenor elderly dependents. Such a program can provide day-care oragency-care information at the destination (Newton says 15 percentof business trips now include children according to theExecutive Edge newsletter), help with finding overnight careat home while employees are gone, or general information abouttravel issues.

*Offer dependent-care vouchers. The cost of child care,elder care and even pet care can make business travel a seriousfinancial burden for employees. Consider a voucher program thatreimburses workers for these extra costs.

*Give as much notice as possible. While it may beimpossible to totally avoid last-minute trips, the earlier you giveemployees notice in advance of business travel, the easier it willbe for them to prepare both professionally and personally.

"It's expensive to send an employee on the road, andyou want to make the most of that investment," says Newton."You don't want your employees pre-occupied with worryingabout what's going on at home. You want them to be focusedbefore, during and after the trip, to feel good about what they didfor the company, and to not feel like they were somehowviolated."

Home-Court Advantage

Don't let where you'll dispute become yourdispute.

When there's a dispute over a contract, it's notuncommon for the parties to land in court--the question is, whichcourt? If you do busi-ness outside your local area, you could findyourself in a courtroom battle being waged hundreds or eventhousands of miles away from your home base--unless you write avenue clause into your contract.

Most states have basic venue statutes that provide where, in theabsence of a contract stipulating otherwise, lawsuits are to befiled--the county in which the contract was signed or payment is tobe made, the county in which the defendant resides, or the countyin which the breach of contract occurred--says Terry Young, anattorney with Lowndes, Drosdick, Doster, Kantor & Reed PA inOrlando, Florida. Although you may be able to change the venueafter a legal proceeding has begun, that process will only delaygetting the real dispute settled.

You should also decide in advance which state's laws willapply to your contract, keeping in mind that laws regarding variousaspects of commerce can vary significantly by state. Include thisinformation in the venue clause. And although the clausedoesn't have to be lengthy or complex, it's always safe toseek legal counsel in the negotiation of contracts.

Contact Sources

Berger, Kahn, Shafton, Moss, Figler, Simon &Gladstone, 2 Park Plaza, #650, Irvine, CA 92614,(949)?74-1880

National Opinion Research Center,http://www.norc.uchicago.edu

Transition Management Inc., (801)?72-9280, ngarbett@transition-management.com

Work|Life Benefits, (800)?49-7948, http://www.wlb.com