HRMN 400 - Employee Relations Paper

HRMN 400 – Week 7 Citations

(Heathfield, 2020)

(Muskovitz, 2019)

(Progressive Discipline and Termination Processes)

(Doyle, 2020)

(Heathfield, Progressive Discipline in the Workplace, 2020)

(Heathfield, Use Disciplinary Actions Effectively and Legally, 2019)

(Petersen, 2019)

(Hamel, n.d.)

(Starkman, 2018)

(Boundless)

(Rice University)

(Heathfield, Workplace Conflict Resolution, 2019)

(Heathfield, What Notice Must an Employer Provide for Job Termination or Layoff, 2020)

(Heathfield, Requirements of the WARN Act, 2020)

(Managing Employment Relationships)

(Workplace Health and Safety Issues)

(Picincu, 2019)

(Lucas, 2019)

(Heathfield, How to Write Employee Performance Letters of Reprimand, 2021)

(Heathfield, Documentation in Human Resources, 2020)

(Lucas, How to Use Empathy to Improve Your Workplace, 2020)

(Heathfield, How to Build Trust at Work, 2020)

(Cross, 2018)

(Lucas, Is Favoritism in the Workplace Illegal, 2020)

(Heathfield, Want to Know What Goes Into an Employee Handbook Table of Contents?, 2020)

(EEOC, n.d.)

(EEOC, n.d.)

(EEOC, n.d.)

(Heathfield, Tips for Compassionate Employee Layoffs, 2020)

(Lucas, Is a Poisonous Attitude a Reason to Fire an Employee?, 2020)

(Lucas, When Employers Should Hire an Employment Law Attorney, 2019)

(Heathfield, Avoid Wrongful Termination of Employment, 2019)

(Heathfield, Surfing the Web at Work, 2019)

(Heathfield, Developing a Drug-Free Workplace, 2018)

(Heathfield, What Is Harassment?, 2020)

Bibliography Boundless. (n.d.). Managing Conflict. In Boundless Management. Lumen Learning. Retrieved

February 21, 2021, from https://courses.lumenlearning.com/boundless- management/chapter/managing-conflict/

Cross, M. (2018, January 30). A New Year’s Approach to Performance and Conduct in the Workplace. Retrieved February 21, 2021, from Association for Talent Development: https://www.td.org/insights/a-new-years-approach-to-performance-and-conduct-in-the- workplace

Doyle, A. (2020, September 17). What Is Wrongful Termination? Retrieved February 21, 2021, from Balance Careers: https://www.thebalancecareers.com/what-is-wrongful- termination-2061658

EEOC. (n.d.). 6. I need to lay off employees. Retrieved February 21, 2021, from U.S. Equal Employment Opportunity Commission: https://www.eeoc.gov/employers/small- business/6-i-need-lay-employees

EEOC. (n.d.). Avoiding Discrimination in Layoffs or Reductions in Force (RIF). Retrieved February 21, 2021, from U.S. Equal Employment Opportunity Commission: https://www.eeoc.gov/employers/small-business/avoiding-discrimination-layoffs-or- reductions-force-rif

EEOC. (n.d.). Discrimination by Type. Retrieved February 21, 2021, from U.S. Equal Employment Opportunity Commission: https://www.eeoc.gov/discrimination-type

Hamel, G. (n.d.). Definition of Workplace Privacy. Retrieved February 21, 2021, from Chron: https://smallbusiness.chron.com/definition-workplace-privacy-15419.html

Heathfield, S. M. (2018, May 29). Developing a Drug-Free Workplace. Retrieved February 21, 2021, from Balance Careers: https://www.thebalancecareers.com/developing-a-drug-free- workplace-1918311

Heathfield, S. M. (2019, March 15). Avoid Wrongful Termination of Employment. Retrieved February 21, 2021, from Balance Careers: https://www.thebalancecareers.com/wrongful- termination-of-employment-is-illegal-1918637

Heathfield, S. M. (2019, November 25). Surfing the Web at Work. Retrieved February 21, 2021, from Balance Careers: https://www.thebalancecareers.com/surfing-the-web-at-work- 1919261

Heathfield, S. M. (2019, August 17). Use Disciplinary Actions Effectively and Legally. Retrieved February 21, 2021, from Balance Careers: https://www.thebalancecareers.com/use- disciplinary-actions-effectively-and-legally-1917913

Heathfield, S. M. (2019, August 1). Workplace Conflict Resolution. Retrieved February 21, 2021, from Balance Careers: https://www.thebalancecareers.com/workplace-conflict- resolution-1918675

Heathfield, S. M. (2020, July 31). Documentation in Human Resources. Retrieved February 21, 2021, from Balance Careers: https://www.thebalancecareers.com/documentation- 1918096

Heathfield, S. M. (2020, June 22). How to Build Trust at Work. Retrieved February 21, 2021, from Balance Careers: https://www.thebalancecareers.com/top-ways-to-build-trust-at- work-1919402

Heathfield, S. M. (2020, August 02). Progressive Discipline in the Workplace. Retrieved February 21, 2021, from Balance Careers: https://www.thebalancecareers.com/what- progressive-discipline-1918092

Heathfield, S. M. (2020, April 17). Requirements of the WARN Act. Retrieved February 21, 2021, from Balance Careers: https://www.thebalancecareers.com/warn-act-layoff-requirements- 1918297

Heathfield, S. M. (2020, January 7). Tips for Compassionate Employee Layoffs. Retrieved February 21, 2021, from Balance Careers: https://www.thebalancecareers.com/tips-for- compassionate-layoffs-1918586

Heathfield, S. M. (2020, April 6). Want to Know What Goes Into an Employee Handbook Table of Contents? Retrieved February 21, 2021, from Balance Careers: https://www.thebalancecareers.com/need-to-know-what-goes-in-an-employee-handbook- 1918308

Heathfield, S. M. (2020, April 30). What Are the Key Causes of Employment Termination? Retrieved February 21, 2021, from Balance Careers: https://www.thebalancecareers.com/what-causes-employment-termination-1918275

Heathfield, S. M. (2020, July 25). What Is Harassment? Retrieved February 21, 2021, from Balance Careers: https://www.thebalancecareers.com/what-is-harassment-1917918

Heathfield, S. M. (2020, April 7). What Notice Must an Employer Provide for Job Termination or Layoff. Retrieved February 21, 2021, from Balance Careers: https://www.thebalancecareers.com/notice-of-layoff-or-termination-1917605

Heathfield, S. M. (2021, January 30). How to Write Employee Performance Letters of Reprimand. Retrieved February 21, 2021, from Balance Careers: https://www.thebalancecareers.com/letters-of-reprimand-1917914

Lucas, S. (2019, September 6). 6 Tips For Handling Employee Complaints. Retrieved from Balance Careers: https://www.thebalancecareers.com/best-handle-employee-complaints- 1917594

Lucas, S. (2019, October 4). When Employers Should Hire an Employment Law Attorney. Retrieved February 21, 2021, from Balance Careers: https://www.thebalancecareers.com/when-employers-hire-an-employment-law-attorney- 4153517

Lucas, S. (2020, November 2). How to Use Empathy to Improve Your Workplace. Retrieved February 21, 2021, from Balance Careers: https://www.thebalancecareers.com/using- empathy-to-improve-your-workplace-4157504

Lucas, S. (2020, May 19). Is a Poisonous Attitude a Reason to Fire an Employee? Retrieved from Balance Careers: https://www.thebalancecareers.com/is-a-poisonous-attitude- reason-to-fire-an-employee-1918718

Lucas, S. (2020, May 19). Is Favoritism in the Workplace Illegal. Retrieved February 21, 2021, from Balance Careers: https://www.thebalancecareers.com/is-displaying-favoritism-in- the-workplace-illegal-4159736

Managing Employment Relationships. (n.d.). Retrieved February 21, 2021, from University of Maryland Global Campus: https://learn.umgc.edu/d2l/le/content/543604/viewContent/20431472/View

Muskovitz, M. (2019, September 24). How To Avoid Legal Problems With Employment Terminations. Retrieved February 21, 2021, from Balance Careers: https://www.thebalancecareers.com/employment-terminations-how-to-avoid-legal- problems-1918635

Petersen, L. (2019, April 29). The Impact of Inappropriate Conduct in the Workplace. Retrieved February 21, 2021, from Chron: https://smallbusiness.chron.com/deal-subordinates- refuse-respect-69938.html

Picincu, A. (2019, March 16). Examples of Employee Relations Issues. Retrieved February 21, 2021, from Chron: https://smallbusiness.chron.com/examples-employee-relations-issues- 11538.html

Progressive Discipline and Termination Processes. (n.d.). In B. C. Committee, Human Resources in the Food Service and Hospitality Industry. BC Campus. Retrieved February 21, 2021,

from https://opentextbc.ca/humanresourcesinfoodservices/chapter/progressive-discipline- and-termination-processes/

Rice University. (n.d.). Managing Grievances and Conflicts. In Introduction to Business. BC Campus. Retrieved February 21, 2021, from https://opentextbc.ca/businessopenstax/chapter/managing-grievances-and-conflicts/

Starkman, J. (2018, March 20). Protecting employee privacy is a delicate balancing act. Retrieved February 21, 2021, from The Business Journal: https://www.bizjournals.com/bizjournals/how-to/human-resources/2018/03/protecting- employee-privacy-is-a-delicate.html

Workplace Health and Safety Issues. (n.d.). Retrieved February 21, 2021, from University of Maryland Global Campus: https://learn.umgc.edu/d2l/le/content/543604/viewContent/20431473/View

What Are the Key Causes of Employment Termination? Voluntary, Involuntary and Mutually Agreed Are Employment Termination Options

• • • Table of Contents

• Involved in a Voluntary Termination?

• In an Involuntary Termination?

• Factors in Employment Termination

• Mutual Termination BY SUSAN M. HEATHFIELD

Updated April 30, 2020

Are you interested in the ins and outs of employment termination? Employees land in hot water for many reasons, some inexplicable to employers — some predictable. Some are a result of employees' inappropriate expectations.

But, termination is a serious employment action that when initiated by the employer is generally the culmination of a series of progressive disciplinary actions. The employer has generally signaled loud and clear that the employee is in danger of employment termination.

Termination occurs when an employer or an employee end an employee's employment with a particular employer. Termination can be voluntary or involuntary depending on the circumstances. When termination is initiated by the employer, it is usually involuntary although, under some circumstances, the employee and the employer may mutually agree to end their employment relationship.

What's Involved in a Voluntary Termination?

In a voluntary termination, an employee resigns from his or her job. Resignations occur for a variety of reasons that may include: a new job, a spouse or partner's acceptance of a new job in a distant location, returning to school, an opportunity to take on a managerial role, and retirement.

Voluntary termination can also occur for less positive reasons. The employee doesn't get along with her boss. She sees no opportunity to continue growth and progress in her current company. The job responsibilities in her current job changed and now, she is no longer doing something that she loves every day. She has to work every day with a coworker who bullies her in subtle ways that are not outwardly noticeable.

And, sometimes, it's the appeal of the shiny new job as in the grass is greener, or she just wants to do something new. It's hard to evaluate the motivations of employees who lave their jobs.

With valued employees, employers expend efforts on employee retention in their aim to limit preventable turnover. This is a significant objective of employers as the cost of employee turnover is expensive and ever rising.

What Happens in an Involuntary Termination?

In an involuntary termination, an employer fires the employee or removes the employee from his or her job. An involuntary termination is usually the result of an employer's dissatisfaction with an employee's performance or an economic downturn. Involuntary termination can also occur in the form of a layoff if the business is unprofitable or overstaffed.

Reasons for involuntary termination of an employee range from poor performance to attendance problems to violent behavior. Occasionally, an employee is a poor fit for the job's responsibilities or fails to mesh with the company's culture.

Involuntary termination, such as a layoff, can occur because an employer lacks the financial resources to continue an employment relationship. Other events that can trigger an involuntary termination may include mergers and acquisitions, a company relocation, and job redundancy.

With performance problems, the employer most often has tried less final solutions such as coaching from the employee's supervisor to help the employee improve. Escalating progressive discipline in the case of performance issues such as absenteeism is also the norm. In a final effort to help an employee improve his or her performance, many employers rely on a Performance Improvement Plan (PIP).

Used appropriately, the PIP is the employer’s last-ditch attempt to communicate the needed performance improvements to the employee. But the PIP, and any escalating disciplinary measures, also provide documentation that demonstrates that the employer made an effort to salvage the employment relationship.

Additional Factors in Employment Termination

Several additional factors are relevant to involuntary employment termination.

Employment at Will: In states that recognize employment at will, an employee may be fired for any reason, at any time, with or without cause. Employers do not even have to give a reason for why the employee is terminated from his or her job.

To defend against potential charges of discrimination, however, employers are advised to keep documentation even if no case is presented at the termination meeting. Increasingly, employment law courts are finding results for the employee if no paper trail exists to support the employment termination.

Employment at will also means that the employee can terminate his or her employment at any time for any reason without cause.

Termination for Cause: In other instances of employment termination, the employment is terminated for a reason which is given to the employee and stated in the termination letter. Termination for cause can occur in such situations as:

• Violation of the company code of conduct or ethics policy, • Failure to follow company policy, • Violence or threatened violence, • Extreme insubordination to a manager or supervisor, • Harassment of other employees or customers, or • Watching pornography online.

Mutual Termination

Occasionally, an employer and employee recognize that they are not a good fit for whatever reason. They mutually agree to part ways in a manner that makes neither party culpable for the termination. This approach to termination is called agreeing on an exit strategy. No pain. The unwanted employee, the unwanted job: gone.

How To Avoid Legal Problems With Employment Terminations You Can Legally Fire an Employee if You Take Care to Avoid Discrimination BY MEL MUSKOVITZ Updated September 24, 2019

The decision to terminate an individual’s employment carries with it the risk of a possible legal challenge. Much of the risk involved is dependant on the employer’s policies and if the employee has an employment contract. An employee may, for example, have a breach of contract or wrongful discharge claim.

An at-will employer—that is, an employer who reserves the right to terminate employees without cause—generally does not need to worry about such claims. Like all other employers, however, an at-will employer still must be concerned about many other possible claims. Having documentation of employee performance and of the reasons for the termination is important.

Possible Claims of Discrimination

All employers need to be cognizant of possible discrimination claims that can arise from employment termination. To prevail, the former employee would have to prove that they were terminated, at least in part, because of their protected status. Protected status can include different treatment based on gender, religion, race, national origin, age, disability, and other biased behaviors. The Equal Employment Opportunity Commission enforces many laws against inequality in the workplace. Some of these laws include:

• The Civil Rights Act of 1964 • Age Discrimination Act of 1967

• Title I Americans with Disabilities Act of 1990 • The Pregnancy Discrimination Act

Termination and Defamation Claims

In addition to discrimination, discharged employees could claim that their former employer defamed them. A claim could involve that the employer made false, disparaging comments about them to coworkers or other parties or treated them in a manner intended to cause emotional distress. The employee may claim the employer invaded their privacy if they improperly disclose the reason for involuntary termination.

In some cases, the employer may be charged with retaliation against a whistle-blower. They may claim they were terminated in retaliation for exercising a legal right, such as reporting discriminatory or other unlawful employment practices or for taking leave under the Family and Medical Leave Act or the Military Leave Act

At-Will Employment

Most states are considered at-will employment states. This means the employee or the employer may terminate their work relationship at any time without the need to provide prior notice or without the need for just cause. Even though at-will employers may terminate employees for any reason—or for no reason at all—terminations are easier to defend when they are justified by a legitimate business reason. Legitimate business reasons could include problems with the employee's contribution, misconduct, a reorganization resulting in the elimination of the employee’s position, or financial considerations of the employer.

Regardless of the nature of the employment relationship, an employer should consider establishing work rules that list conduct that could result in discipline or termination. These policies are best communicated in an employee manual. Also, the employee should sign a receipt acknowledging they received a copy of such policies. Keep this acknowledging

Your att-will employer policy should include a couple of disclaimers. First, make clear that the existence of company rules does not nullify or in any way change an employee’s or the employer's at-will status. Secondly, include a statement that the reasons listed for termination are not an all-inclusive list. Finally include that the employer retains the right to terminate employees who, in the employer’s discretion, have either engaged in misconduct or who have not performed at an acceptable level.

If your workplace employs a progressive discipline policy, the employer should retain the flexibility to discharge employees immediately when circumstances warrant.

Questions Employers Need to Ask

Before deciding to terminate an employee, the employer should ask themselves the following questions:

• Does the employee have a legitimate explanation for their actions or poor performance? Before deciding whether to terminate an employee, conduct a thorough investigation of the events in question and get the employee’s version or explanation. Consider whether a neutral third person would find the employee’s explanation plausible.

• Does the punishment “fit the crime”? Consider whether a neutral third party would agree that termination was fair given the nature of the conduct or the seriousness of the performance problems.

• Is the decision to terminate inconsistent with previous actions of the company? For example, has the employee recently received a favorable performance review, promotion or pay increase? If yes, this would make it more difficult for an employer to justify terminating an employee for performance- related reasons if you were involved in a legal proceeding.

• Is the decision to terminate the employee premature? Determine whether alternatives to termination are more appropriate, such as giving an employee the last chance, using progressive discipline to get their attention, or placing the employee on a performance improvement plan.

• Does the employee have any pre-termination rights? Ensure that any pre- termination procedures provided for by the company are followed (Note: special procedures may exist for public sector employees who have certain due process rights not accorded to private sector employees).

• Has the company administered discipline in a consistent manner? Ensure that members of any protected classification are treated the same as employees outside of the protected classification who engaged in similar conduct, under similar circumstances (severity of the conduct, prior offenses, the length of employment, and so forth).

Following an Employment Termination

Following an employment termination, an employer can reduce the likelihood of a court challenge in a number of ways. They should ensure that appropriate post-termination procedures are followed. Public sector employees may be entitled to a post-termination hearing. Private sector employees would also be entitled to a hearing if provided for in the company rules, the employee handbook, or in an employment agreement or contract.

Inform the Employee

Be candid with the employee. Be candid when advising the employee of the reason for termination. Don’t sugarcoat the reason in order to avoid hurting the employee’s feelings. If an employee later sues, these statements will adversely affect the employer’s defense.

Respect the Employee

Respect the employee’s feelings. Do not do anything to embarrass the employee during the termination process. When possible, avoid escorting the employee from the workplace in front of coworkers. Employees who have been humiliated are more likely to challenge their termination.

Respect the employee’s privacy. After termination, advise only those employees and managers who have a need to know the reason for the termination, and advise them not to discuss the matter with anyone.

Other Employer Safeguards

If any severance benefits are provided such as severance pay, payment of medical insurance premiums, or outplacement counseling, in addition to those owed an employee under company policy, consider making the benefits conditioned on the employee signing a release of claims. For a release to be effective against federal age discrimination claims (employees 40 or older), the release must contain several specific provisions, including a 21-day consideration period and a 7-day revocation period.

Do not make post-termination statements in a termination notice, reference letter or response to the state unemployment compensation office that are inconsistent with or contradict the reason for termination. Such written statements, like comments to the former employee, will create credibility problems for the employer.

An employer should secure the employee’s personnel file and retain all documents, including the employee’s poor work product, which supports the decision to terminate the worker.

Consider providing outplacement services and, in certain cases, a neutral reference to aid the employee in finding another job. The sooner an employee is reemployed, the less likely the employee is to bring an action against his or her former employer.

16Progressive Discipline and Termination Processes According to Indiana University Organizational Development “Progressive discipline is the process of using increasingly severe steps or measures when an employee fails to correct a problem after being given a reasonable opportunity to do so. The underlying principle of sound progressive discipline is to use the least severe action that you believe is necessary to correct the undesirable situation” (Indiana University Human Resources, n.d.).

There are usually two reasons for disciplining employees: performance problems and misconduct.

Misconduct is generally the more serious problem as it is often deliberate, exhibited by acts of defiance. In contrast, poor performance is more often the result of lack of training, skills, or motivation. Performance problems can often be solved through coaching and performance management, while misconduct normally calls for progressive discipline. Sometimes extreme cases of misconduct are grounds for immediate termination.

Managers often cite the following behaviour when identifying what they perceive to be poor worker performance or misconduct:

• Lack of skills or knowledge • Lack of motivation • Poor attitude • Lack of effort or misconduct (working at a reduced speed, poor quality, tardiness, sleeping on the

job, wasting time) • Poor co-worker relations (arguing on the job, lack of cooperation) • Poor subordinate-supervisor relations (insubordination, lack of follow-through) • Inappropriate supervisor-subordinate relations (favouritism, withholding of key information,

mistreatment, abuse of power) • Mishandling company property (misuse of tools, neglect) • Harassment or workplace violence (verbal or physical abuse, threats, bullying) • Dishonesty • Disregard for safety practices (not wearing safety equipment, horseplay, carrying weapons on the

job, working under the influence of alcohol or drugs)

The steps of progressive discipline

Company policies on discipline should strive for fairness by adhering to these criteria:

• Develop clear, fair rules and consequences. • Clearly communicate policies. • Conduct a fair investigation. • Balance consistency with flexibility. • Use corrective action, not punishment.

When an employee must be disciplined, typically these steps are followed:

1. Verbal counselling 2. Written warning 3. Suspension without pay 4. Termination

After each step before termination, the employee should be given an opportunity to correct the problem or behaviour. If he or she fails to do so, the final step is taken: termination.

Step 1: Verbal counselling

Verbal counselling is usually the initial step. Verbal counselling sessions are used to bring a problem to the attention of the employee before it becomes so serious that it has to become part of a written warning and placed in the employee’s file.

The purpose of the initial discussion is to alleviate misunderstandings and clarify the direction for necessary and successful correction. Most discipline problems can be solved at this stage if the matter is approached constructively and if the employee can be engaged in seeking solutions. This is usually effective because most people don’t want the disciplinary process to escalate.

Tips for the verbal counselling discussion:

• Conduct the counselling session in private. Keep the tone low-key, friendly yet firm. • Tell the employee the purpose for the discussion. Identify the problems specifically and ensure

the employee understands expectations. • Have documentation available to serve as a basis for the discussion, but try not to read from a list

as this might lead the employee to feel defensive. • Seek input from the employee about his or her perceptions of causes of problems. • Where possible, identify solutions together. If this is not possible, clearly state your desired

solution. • Be sure the employee understands your expectations; ask them to describe the standard involved

and how he or she will behave to correct the problem.

• Let the employee know that possible disciplinary action may follow if the problem is not corrected.

• Ask for a commitment from the employee to resolve the problem.

It isn’t necessary to complete a formal document of the counselling session as it is considered an informal step in progressive discipline. However, you may want to write a brief statement confirming the subject matter discussed and the agreed-upon course of action to correct the problem. This can be a useful reference later if further discipline is needed.

After an appropriate period, be sure to schedule a follow-up meeting with the employee. Provide opportunities for two-way feedback and discussion. Let the employee know how he or she is progressing and ask how the new procedures or behaviours are working.

Step 2: Written warning

If the problem is not resolved, you will need to prepare the written warning. Include in the warning information, responses, and commitments already made in the verbal counselling session.

The written warning has three parts:

• A statement that the verbal discussion has occurred, which reviewed the employee’s history with respect to the problem. Be sure to include the date the verbal discussion took place.

• A statement about the present, including a description of the current situation and including the employee’s explanation or response. Use the “who, what, when” model to be sure you include all necessary details.

• A statement of the future, describing your expectations and the consequences of continued failure to correct the problem. This step may be repeated in the future with stronger consequence statements, so be clear on what the next step is. For example, this statement might state that the situation “may lead to further disciplinary action” or, in a later warning, “this is a final warning and failure to correct the problem will lead to discharge.”

By documenting these conversations, you cover yourself in legal disputes that may arise from terminations. Here are some guidelines for documenting written warnings:

• Clearly identify the performance issue that needs to be resolved. • Give the employee the opportunity to propose a solution to the issue with you. • Agree on the solution, and document what is going to change. Include a section on how the

employer will help the employee change the behaviour. • If appropriate, agree on a date when you will review the situation together, and ensure that the

performance issue has changed for the better.

• Ensure that the employee understands the repercussions if the behaviour does not change. This must also be documented on the progressive discipline form.

• Both the employee and the employer should sign this written record of the conversation that outlines the issue, the solution, and the timeline for the change.

• Give the employee a copy of the written documentation for his or her own records. • Follow-up on the agreed-upon date.

Step 3: Suspension without pay

Depending on the situation there are times when it is appropriate to suspend an employee and times when it is not. The rules on suspending employees without pay may depend on the specific situation, and, therefore, it is advised that employers review the BC Employment Standards Act (or other provincial employment standards legislation) before carrying out a suspension without pay.

Step 4: Termination

If a problem is not resolved after appropriate warning, you may have to terminate an employee. As well, there may be cases when you want to terminate an employee immediately before going through steps 1 to 3.

Employment standards legislation in most provinces establishes a three-month probationary period during which an employee can be terminated for any reason, without notice. The only exceptions to termination within the probation period are any reason deemed discriminatory under human rights legislation, such as religious beliefs or nationality.

BC Employment Standards Branch’s video on Termination of Employment.

After the probationary period, the employer must have just cause for termination or otherwise provide sufficient notice or severance. It is recommended that you consult with your provincial labour regulations to confirm what is deemed “just cause.” Poor work performance is not normally considered just cause unless the progressive discipline process has been followed and the employee has been given sufficient time to improve. Just cause normally includes any of the following as grounds for immediate dismissal:

• Theft, fraud, or embezzlement • Fighting • Working while under the influence of drugs or alcohol • Any conduct that threatens the safety of others • Gross insubordination

Appropriate level of discipline

It is important to determine the proper level of discipline in each situation. In other words, “the punishment must fit the crime.”

First, consistency in discipline is important. How others have been treated for similar infractions should provide the primary basis for determining appropriate action, but there are several factors that may justify increasing or decreasing the level of discipline:

• The employee’s length of service • Previous record of performance and conduct • Whether the employee was provoked • Whether the misconduct was premeditated or a spur-of-the-moment lack of judgment (i.e., was it

with or without intent?) • Whether the employee knew the rules and those rules have been consistently enforced on others • Whether the employee acknowledges the mistake and shows remorse

After considering all of these factors, there still may be times when you believe it is best for the business to terminate an employee, particularly if you determine that a particular person or situation is likely to be a chronic problem. Paying the required severance, or termination pay, is a small cost compared to the damage a problem employee can cause.

How to terminate an employee

If you are going to terminate an employee, you must have all the pertinent documentation in order and follow all the rules. If you do not, you risk legal repercussions for wrongful termination.

If you have a human resources department, it is advisable to discuss the termination process with them beforehand. If your business is small and there is no formal human resources function, be sure you follow the employment standards regulations for your jurisdiction. If you feel unsure about any rule, you may want to contact a similar business that has a human resource department or the provincial Employment Standards Branch for advice.

Regardless of the specific rules for your jurisdiction, you should follow these general steps when terminating an employee:

• A discussion with the employee must occur before a final determination is reached. Inform the employee about the nature of the problem.

• The employee must be given an opportunity to explain his or her action and to provide information.

• If the employee provides pertinent information, you must investigate where appropriate. • A written notice of termination must be prepared after the discussion and consideration of all

available information.

• When you meet with the employee for the final termination meeting, hold it in a private location where the employee will not have to walk past co-workers afterwards.

• Have a witness or backup present in case the conversation gets heated. • Explain how the employee has continued to perform below expectations. Refer to warnings

given earlier. • Announce the termination. • Collect all property of the company, such as keys and uniforms. • Ensure that the employee’s hours of work are sent to the payroll department, and final cheques

and vacation pay are paid out according to the provincial regulations. • Inform the employee of any information they need to know, such as when the final paycheque

will be ready if not already available, where to hand in keys and uniform, and if and when there will be an exit interview.

In all termination cases, aim to preserve the dignity of the employee and to have them leave with the feeling of being treated fairly and with respect. Previous: Performance Evaluation

Next: Compensation BACK TO TOP LICENSE

Human Resources in the Food Service and Hospitality Industry by The BC Cook Articulation Committee is licensed under a Creative Commons Attribution 4.0 International License, except where otherwise noted.

What Is Wrongful Termination? Definition & Examples of Wrongful Termination

• • • BY ALISON DOYLE Updated September 17, 2020

Wrongful termination is the act of firing an employee for illegal reasons or in a way that breaches a contract.

Learn what reasons for firing are illegal and what to do if you have been wrongfully terminated from employment.

What Is Wrongful Termination?

Wrongful termination takes place when an employee is let go from their job for illegal reasons or if firing the employee violates company policy or an employment contract. Wrongful termination laws vary from state to state.

In most states, unless there is a contract or bargaining agreement, at-will employment is the norm, meaning that neither the employer nor the employee needs a reason if they wish to terminate the relationship.

An employee can be considered to have been wrongfully terminated if discrimination is involved in the termination, if public policy is violated, or if company policy states guidelines for termination and those guidelines were not followed.

Other reasons that could be construed as wrongful termination include being fired for being a whistleblower, complaining about workplace issues or for not being willing to commit an illegal act when asked to by an employer.

Discrimination can be considered wrongful termination if an employee has been fired based on their color, race, nationality, religion, sex, sexual orientation, gender, or age.1

• Alternate names: Wrongful dismissal, wrongful discharge

How Wrongful Termination Works

If an employee is fired for one of the following reasons, they may be able to claim wrongful termination:

• Breach of contract • Constructive discharge • Discrimination • Employee asked to commit an illegal act • Company policy is violated • Public policy is violated • Whistleblowing

There are no specific laws that provide protection for employees who have been wrongfully terminated from their job.

Wrongful termination may be covered by federal or state laws that prohibit employment discrimination, by contract law if your employer breached an employment agreement, or if the company violated its own policy by terminating the employee.

In addition, if an employee feels he or she was forced to leave a job because the employer made the job unbearable, he or she can file a wrongful termination suit against the former employer for constructive discharge. Constructive discharge is when a work environment is so intolerable that a reasonable person would not be able to continue working there.

However, in most states (other than Montana), employees are presumed to be employed at will, which means that an employee can be fired without notice and without a reason. There are a few exceptions, such as if an employee is covered by an

employment contract or collective bargaining agreement or the law has been violated. In such cases, an employer doesn't need a reason to fire you. They just have to make sure they follow the law in doing so.

So, for example, if you filed a worker's compensation claim for an injury sustained on the job, and your employer retaliated against you by firing you, you may have a case for wrongful termination.

How to Handle a Wrongful Termination

If you have been terminated from employment, it's important to know your rights. For example, you have the rights provided to you in an employment contract as well as rights protected by state and federal law.

The next step is to determine what remedies are available and what recourse you may have. That will help you decide on a course of action.

Check with the human resources department at your company. Even though your employment has been terminated, they will be able to answer questions for you about the termination process and what benefits you may be entitled to. Also, ask if you are able to appeal the decision.

If you believe that you have been discriminated against or haven't been treated according to the law or company policy, the U.S. Department of Labor has information on each law that regulates employment and advice on where and how to file a claim. If union activities are involved, the National Labor Relations Board may be able to help. Your state labor department may also be able to assist, depending on state law and the circumstances.

In some cases, you may be able to sue your former employer for wrongful termination. Local bar associations often have a referral service, and may even have a hotline you can call to find an employment lawyer. Keep in mind that you will need to pay for an attorney's services. Also, you may need to file a discrimination claim with the Equal Employment Opportunity Commission (EEOC) before filing a lawsuit.2

Termination and Unemployment

When you are terminated you may not be eligible for unemployment compensation. If you are not sure whether you're eligible for unemployment, check with your state unemployment office to determine your eligibility for unemployment compensation. If your claim is denied, you will be able to appeal and explain the circumstances of your termination.

Key Takeaways

• Wrongful termination refers to when an employee is fired for reasons that are illegal, or if the firing breaches a contract or public policy.

• There are no laws that specifically protect against wrongful termination; rather, a breach of state or federal employment laws is cause for a wrongful termination claim.

• If you believe you have been wrongfully terminated, it may be necessary to hire an attorney to help you.

ARTICLE SOURCES 1. U.S. Equal Employment Opportunity Commission. "Prohibited Employment

Policies/Practices." Accessed Aug. 9, 2020.

2. HG.org. "Wrongful Termination Law." Accessed Aug. 9, 2020.

Progressive Discipline in the Workplace See How Progressive Discipline Is Carried Out at Work

• • • BY SUSAN M. HEATHFIELD Updated August 02, 2020

Progressive discipline is a process for dealing with job-related behavior that does not meet expected and communicated performance standards. The primary purpose of progressive discipline is to assist the employee to understand that a performance problem or opportunity for improvement exists.

The process features a series of increasingly formal efforts to provide feedback to the employee so that he or she can correct the problem. The goal of progressive discipline is to get the employee's attention so that he or she understands that employee performance improvement is essential if they want to remain employed.

The process of progressive discipline is not intended as a punishment for an employee, but to assist the employee to overcome performance problems and satisfy job expectations. Progressive discipline is most successful when it assists an individual to become an effectively performing member of the organization.

Progressive discipline is used most frequently with hourly or non-exempt employees. Salaried or exempt employees, under most circumstances, never move beyond the written verbal warning stage because they either improve or seek employment elsewhere.

Failing that, progressive discipline enables the organization to fairly, and with substantial documentation, terminate the employment of employees who are ineffective and unwilling to improve.

Steps in Progressive Discipline

Typical steps in a progressive discipline system may include these.

• Counsel the employee about performance and ascertain his or her understanding of their job requirements. Ascertain whether there are any issues that are contributing to poor performance. These issues are not always immediately obvious to the manager. Solve these issues, if possible. An example of an issue is the employee doesn't understand the goal of what he or she needs to contribute. A second example of an issue in a poor attendance performance situation is that the employee is taking time off to assist their sick mother. He or she didn't tell their manager who would have referred the situation to Human Resources for addressing as FMLA eligible time off.

• Verbally reprimand the employee for poor performance. Tell the employee that you will document the next steps in progressive discipline and that termination can result at any point in the progressive discipline process when the employer believes that the employee is unable to improve despite repeated warnings. Document the conversation.

• Provide a formal written verbal warning in the employee's file, in an effort to improve employee performance. Continue progressive discipline as long as you believe the employee is making efforts to bring their performance back on track.

• Provide an escalating number of days in which the employee is suspended from work without pay. Start with one day off, escalate to three and then escalate to five.

• End your employment relationship with an individual who refuses to improve.

Communicating with an Employee During Disciplinary Action

Are you interested to know how you can communicate effectively during disciplinary action you are taking to correct an employee's behavior or performance? In this example, the employee's coworkers have often experienced the brunt of the impact of the employee's absenteeism or failure to contribute.

They want to know that you're taking the matter seriously and working to correct the behavior. Nothing hurts the morale of your contributing employees more than seeing no action taken to correct the actions of poorly performing employees. The impact of their poor performance is always noted—and never appreciated. They want their employer to take action to improve the situation.

You can't share what you're communicating because of employee confidentiality, but here's how you can approach the conversation with the non-performing employee. Discipline is best when you have personally witnessed the behavior, so make a genuine effort to that end. Keep in mind that your presence can change the employee's behavior and so you may never see the actions that the coworkers see.

His or her coworkers will appreciate any action you take to correct the problem. (You can tell coworkers that you've addressed the problem—nothing more—but sometimes they need to know that their complaints were at least heard and heeded.)

Disciplinary Action Form Guides the Discussion with the Poor Performer

Revisiting the subject of employee discipline, specifically progressive discipline, this revised disciplinary action form is straightforward and addresses employee actions in behavioral terms. Managers receive guidance via the questions on the form to provide actionable performance feedback and suggestions for improvement to the employee.

How to Communicate Disciplinary Action

The first step in communicating disciplinary action is to take the employee to or set up a meeting with the employee in a private office. If you anticipate difficulty, and always at the stage of the written verbal warning, it's smart to ask an HR person or another manager to sit in on the meeting so that there is a third party witness present.

In a union-represented workplace, the employee may also ask his union rep to attend the meeting. The rep is usually a second onlooker but may ask questions to clarify or for

examples that illustrate the behavior. In a nonrepresented workplace, an employee can request that his own witness, possibly a coworker friend, also attend.

Talking with the Employee During Disciplinary Action

Telling an employee, "You have a bad attitude," gives the employee no information about the behavior you want to see the employee change or improve. Better?

Say, "When you slam your parts down hard on your workbench, you risk breaking the part. You are also disturbing your coworkers. The noise bothers them and they are concerned about their safety if parts fly through the air.

"Your actions also cause your coworkers to stop working to see what is happening. Loud noises are disturbing in the workplace. Your coworkers feel the need to find out whether they are in danger when strange sounds happen near their workstations.

"You can consider this your verbal warning that the behavior needs to stop. I can understand that the work sometimes frustrates you and that you let pent-up impatience out by slamming parts down on your workstation. But, the behavior needs to stop because of its impact on your coworkers.

"You can take a look at the progressive discipline policy in your employee handbook. The next step following this meeting is that I will document that I gave you a verbal warning and I will ask you to sign the document. Your signature doesn't mean that you agree with the document.

"It means that you have seen and read the document and that you are aware that HR will file it in your personnel records.

"Finally, George, the next steps, if you continue these actions, is a formal written verbal warning and then suspension without pay from work. At the point of the formal written verbal warning, the company will decide whether you are interested in changing your behavior. If the answer is, not likely, we will terminate your employment. Do you understand?"

Just as you are as specific as possible when you praise or recognize positive employee behavior and contributions, you are just as specific when you ask an employee to stop or improve negative actions. Your effort to describe the specific behavior that you want to see corrected makes the results you want to see much more clear to the employee.

Of course, the employee may ask questions and make comments about the situation throughout the meeting. He or she may deny that the situation is occurring and tell you that their coworkers are out to get them.

This reaction is why, whenever possible, you will want to have witnessed the behavior yourself rather than enforcing discipline based on coworker opinions. But, as mentioned earlier, it's not always possible for you to time your observation of the behavior when it is occurring.

Progressive Discipline Policy Content in Your Handbook

On a final note, even if you have a written progressive discipline policy, you need to make sure that you state that your policy will only apply in certain circumstances. Retain your right as an employer to skip all or some of the steps in certain circumstances. In one small manufacturing company, for example, the following actions occurred.

Two employees (who were dating outside of work) held a screaming match in the middle of the plant in view and hearing of most other employees. All work by over a hundred people stopped, and then, of course, the screaming match took up hours of the employees' attention, conversation, and weeks of gossip.

Neither employee had ever had any disciplinary action taken against them. But, in this instance, because of the widespread impact of their actions, they were each given a week off—unpaid— to think about proper behavior at work.

Please note that the information provided, while authoritative, is not guaranteed for

accuracy and legality. The site is read by a world-wide audience and employment

laws and regulations vary from state to state and country to country. Please seek legal

assistance, or assistance from State, Federal, or International governmental resources,

to make certain your legal interpretation and decisions are correct for your location. This

information is for guidance, ideas, and assistance.

Use Disciplinary Actions Effectively and Legally Want to Know How to Apply Progressive Discipline at Work? • • • BY SUSAN M. HEATHFIELD Updated August 17, 2019

No one wants to hear that their performance is less than expected. After counseling and coaching from a manager yield no improvement, however, written disciplinary action must begin—to protect the company's interests—and to protect the interests of the employee.

Employees are uncomfortable with a disciplinary action such as an employee reprimand. They are sad and uncomfortable when their manager tells them that their performance warrants a verbal warning, the final step before the written disciplinary action begins.

Managers wonder why employees don’t just improve their performance as the severity of the disciplinary action progresses. An effective, communicative disciplinary action process should keep the employee informed and accountable every step of the way.

Many managers dislike the disciplinary portion of their job more than anything else. In fact, in studies, managers rank firing an employee at the top of the list of actions in which they most hate to play a part. Managers would rather spend their time on activities such as setting goals, reviewing progress, and eliminating problems employees experience as they strive to complete their work.

Purpose and Progress in Disciplinary Actions

From a company perspective, an employee reprimand demonstrates that the company was working with the employee to help him or her improve. At the same time, the company documented its increasing unhappiness with the employee's performance and the fact that the increasing unhappiness was shared with the employee.

The written employee reprimand shows that the employee was also informed of the performance problems and their consequence if they remained uncorrected. It is why employers ask employees to sign a document indicating that they have read and understood the document's contents.

Following the letter of reprimand, depending on the company’s disciplinary action policies, additional steps can include subsequent letters of reprimand with accompanying penalties such as days off from work with no pay.

If the supervisor has faith that the employee can improve his or her performance, at any time during the disciplinary action proceedings, and preferably before the first letter of reprimand, the supervisor can introduce a performance improvement plan (PIP).

The PIP is a more formal, detailed document with goals, expectations, and timelines, the supervisor’s opportunity to communicate clear job and performance expectations to the non-performing employee. When an employee is on a PIP, the employee generally meets with the manager, and often with HR staff, every week or two weeks to note progress toward improving performance.

Disciplinary action, such as an employee reprimand, can be a win-win if the employee heeds the message. If the employee does not, the company and the manager have effectively protected their interests—and the interests of employees who are performing satisfactorily.

The goal is to prevent a negative impact on performing employees whose morale is affected by the employee who is not doing his or her job. In fact, nothing has a bigger impact on performing employees than having to work alongside an employee who is not

performing. This is especially true if they see that this employee is eligible for the same raises and perks they receive.

Issues to Consider in Employee Disciplinary Actions

As a communication tool with employees, an employee reprimand must be fair. Employers need to make certain that they are using the tool appropriately and that certain conditions exist for their effective and successful use.

• Employee job descriptions must exist that spell out the required area of performance for which the employee is receiving the reprimand. If the problem performance is occurring in a non-essential job function, this needs consideration—or a rewritten job description.

• The employee reprimand must be congruent with the disciplinary action process described in the employee handbook. Well-written employee handbooks suggest potential disciplinary actions but allow the employer latitude depending upon the circumstances of the employee's actions or performance. No disciplinary actions should be promised or deemed essential. A list of required disciplinary actions hobbles the employer's ability to remove an employee who is not performing. They may make lawyers happy but they cause unnecessary pain for the non-performing employee, his or her coworkers, and the organization.

• Company past practices, in similar situations with other employees, must be consistent with the current employee reprimand. Inconsistency is potential grounds for charges of discrimination if employees in a protected group are over- represented in disciplinary action cases. If you discover this is so, relook at your hiring practices, policies, and any other employment practice that may be a red flag for discriminatory treatment.

• The degree or type of disciplinary action taken fits the employee performance issues. An attorney once asked why a client company provided increasing amounts of time off from work for employees who had attendance problems. The question did cause me to rethink the practice, but in fairness to employers,

options are limited when employee violation of rules and policies is the issue. What’s important, beyond consistency in similar situations, is to strive to make the disciplinary action “fit the crime.” For example, a company car was removed from an employee’s use for a period of time because the employee had charged the company’s EZPass tag for a personal trip, thus charging the company for her personal tolls. In a second example, an employee was removed from two company committees on which he enjoyed serving because his tardiness and absenteeism affected his regular workday. In a third, an employee lost the upfront use of the company credit card because his expenditures violated the company code of conduct.

An employee reprimand, used appropriately as part of a series of disciplinary actions, can help an employee improve his or her performance and rejoin the ranks of performing employees.

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The Impact of Inappropriate Conduct in the Workplace Small Business | Human Resources | Workplace Abuse By Lainie Petersen Updated April 29, 2019

As a small business owner, you know the importance of hiring good people. Unfortunately, employees sometimes behave inappropriately. While nobody is perfect, and even excellent workers have bad days, inappropriate office behavior can take its toll on your workforce and your business. Preventing and addressing bad behavior should be workplace priorities.

Examples of Inappropriate Conduct

Poor workplace behavior can take several forms. Here are some common examples of bad behavior that can negatively affect your business:

Harassment and bullying: Harassment and bullying remain difficult problems in many workplaces. These are patterns of behavior that humiliate and intimidate others. While many incidences of harassment and bullying involve written or verbal aggression, bullies may also use physical and sexual violence, or threats of either, against victims.

Demonstrating bias: Many people feel uncomfortable when a coworker overshares details of their personal or professional lives. Issues such as sexual behavior, indulgence in drugs or alcohol or conflicts with supervisors are best addressed with one's friends, family or a therapist.

Oversharing: Many people feel uncomfortable when a coworker overshares details of their personal or professional lives. Issues such as sexual behavior, indulgence in drugs or alcohol or conflicts with supervisors are best addressed with one's friends, family or a therapist.

Gossiping: Sharing negative, and often untrue or incomplete, information about colleagues or company management can create tension and distrust in a workplace.

Being non-productive: Employees who are uncommunicative, regularly missed deadlines or fail to complete assigned work will, over time, harm your business with their inattention and laziness.

Consequences of Poor Conduct

Failure to address and correct bad behavior in the workplace can harm your business in many ways:

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Poor morale: Even the most conscientious of employees will become discouraged by a colleague's continued bad behavior. After all, why should a good worker bother arriving early or staying late to complete a project when the person sitting next to them never adheres to deadlines?

Employee stress: Stress is already a problem for many people, and a toxic work environment only makes things worse. Victims of the office bully, as well as bystanders, often report physical symptoms resulting from the constant threat of aggression. Over time, you may find that your workforce becomes less healthy, which can lead to high absenteeism and lower productivity.

Damage to reputation: Industry colleagues will perceive you as a poor leader, unable to hire and manage your team. Potential customers and clients may opt to work with your competitors. You may also find it difficult to hire good workers who have more job options and prefer to work in a healthier environment.

Employee turnover: A 2017 study showed that the departure of an employee costs a company 33% of that worker's salary. That's a lot of money. When good workers leave your company for a healthier workplace, you'll have to find a way to complete their job tasks until you can hire and train a replacement.

Addressing Inappropriate Office Behavior

It is critical that business owners implement processes that make it easy for supervisors, managers and employees themselves to address inappropriate behavior in the workplace. Managers and supervisors should be trained to appropriately counsel workers on their behavior and, when necessary, take disciplinary action.

If behavior issues have become a serious issue within your business, you may benefit from seeking outside help. A management consultant may be able to provide insight into your company culture and make recommendations for improving the way your team works together.

Preventing Inappropriate Behavior at Work

Of course, preventing inappropriate behavior is always preferable to having to remedy it after the fact. There are some ways that you can avoid having to deal with behavior issues within your company:

Hire carefully: Look beyond resumes and try to get to know your new hires. When possible, check references and do online searches to get a better idea of the kind of person you'll be hiring.

Offer a referral bonus: Your current employees may be able to recommend former colleagues, as well as friends, to fill roles within your company. Offer a referral bonus while emphasizing that any

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referral should be a good fit for your company and its culture.

Offer onboarding: Many companies ignore the importance of equality onboarding process. Onboarding not only prepares a new hire for his or her job role, but also provides an opportunity to clarify your expectations regarding employee behavior.

Be transparent: If you and your management team have a reputation for honesty and accountability, workers may be less likely to spread rumors or attempt to undermine other workers as a competitive strategy. Gossip and backbiting within an office often have roots in a lack of transparency at the management and leadership levels. When possible, share information about your business with employees and be aware of worker concerns.

Provide support: Some bad worker behavior could be avoided if workers felt more comfortable discussing issues with their supervisors. For example, a worker who has become less productive may be dealing with a family or personal crisis. Encouraging workers to speak with their supervisors before a health or personal issue impacts job performance benefits both worker and workplace.

2/12/2021 Definition of Workplace Privacy

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Definition of Workplace Privacy Small Business | Managing Employees | Employee Performance By Gregory Hamel

In companies of all sizes, employees and managers are likely to engage in communications and other activities that aren't directly related to their jobs. For instance, a worker might check his personal email at work or talk to a friend or family member on his work phone during his lunch hour. Workplace privacy describes the extent to which employers monitor and collect information on the activities, communications and private lives of workers.

Workplace Privacy Basics

Workers are often accustomed to personal privacy in their private lives, but employers aren't necessarily obligated to give workers privacy while they're on the job. Employers hire workers to perform specific tasks --- time that employees spend taking care of private matters may seem wasteful in the eyes of the employer, so employers may monitor employee activities to determine which workers are wasting time or are engaged in activities that may raise legal issues or security concerns.

Different employers have different workplace privacy policies and employee expectations. For instance, a certain employer might not allow workers to use social networking websites at work and may monitor Web activity to ensure that workers adhere to the rules, while another company might encourage social networking.

Monitoring Methods

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Employers may monitor employee activities in a variety of ways, many of which are related to the use of computers. According to Bankrate, possible methods of employee monitoring include tracking Internet usage, archiving computer files, storing employee emails and instant messages, logging keystrokes, recording phone conversations, testing for drugs and maintaining video surveillance. Businesses may also track the use of key cards or use satellite technology that keeps track of the use of company property such as cars and phones.

Content Blocking

Employers that are worried about employees wasting time visiting inappropriate websites or making personal phone calls may attempt to block content. For example, a business might block all social networking sites or websites with adult content from its network, or it may block employees from calling certain phone numbers from their work phones. Content blocking may reduce unproductive behavior without an employer actually monitoring workers and impinging on their privacy.

Considerations

Employees should be aware of an employer's policies regarding personal activities at work and the use of technology for activities that aren't related to work. If you aren't sure whether a certain activity or website is sanctioned by your employer, avoid it.

Protecting employee privacy is a delicate balancing act When it comes to privacy in the workplace, detailed, written policies are a must for any employer. By Jay Starkman – Contributing Writer, Mar 20, 2018, 3:20am EDT

Our growing dependence on technology is often at odds with our heightened concerns about protecting our personal information. Nowhere is the tension between technology and privacy rights more prevalent than in today’s workplace.

Businesses must strike a delicate balance when managing employee privacy issues and the legal and ethical factors that come into play.

The following are four areas for employers to consider when reviewing their workplace privacy policies:

Social media

It’s not uncommon for employers to monitor social media activity. Some companies check online accounts when screening job applicants, others do it to make sure proprietary information doesn’t go viral, or when investigating claims of misconduct.

This has led several states to pass laws that restrict an employer’s ability to access and monitor employees’ social media accounts, including requiring an employee or applicant to disclose their passwords, or list of contacts or “friends.”

The current best practice for employers is to avoid requesting any social media passwords, regardless of the state in which they do business.

Other more difficult decisions arise when an employee posts something online that casts the employer in a negative light. Here, employers must exercise caution and review each situation on a case-by-case basis.

Some social media posts may fall under the National Labor Relations Act (NLRA), which protects concerted activity by employees, such as making a complaint about workplace conditions or pay. This federal act applies whether the workforce is unionized or not.

RECOMMENDED On the other hand, if an employee posts an offensive picture of him or herself, this could form the basis of a non-discriminatory termination and the employee could be fired. Employers must ensure they treat all employees equally or they risk discrimination

lawsuits. This means that if one employee is terminated for posting an offensive online picture, then another employee who also violates this work rule in the same way should be terminated as well.

Examples like these are why employers often find it difficult to draft social media policies. It’s a good idea to consult with an employment lawyer first to make sure the company policies and rules are clear and enforceable.

Physical searches, including e-mail accounts

Under the federal Stored Communications Act (SCA), an employer can review e-mails received and sent through its own server, but should avoid accessing an employee’s personal e-mail account — even if the password to that e-mail account is stored on a work-issued computer.

Employers should reserve the right to search desks, lockers, company computers, company e-mail and networks. Best practice is to inform employees in writing, preferably in the employee handbook, that the company reserves inspection rights and that no employee should have an expectation of privacy as to what is stored or communicated on or with company property.

Drug testing

Some state laws have limitations in place for employers that choose to conduct drug tests, and “under certain circumstances,”drug testing can lead to invasion of privacy claims. However, if compliant policies are in place and consistently applied, an employer generally can avoid such privacy claims.

Best practice includes avoiding random testing in favor of reasonable suspicion or post- accident drug testing. Reasonable suspicion testing should only be conducted if a manager observes signs of being under the influence, such as glassy eyes or slurred speech.

Surveillance cameras

Employers must weigh the legitimate needs to safeguard the workplace and protect company property against the reasonable expectations of privacy among employees. This is most clearly illustrated when installing surveillance equipment. This equipment should not be in areas where an employee should expect privacy, like a restroom or a locker room.

Best practice is to educate employees regarding the reasons for surveillance equipment and to provide advance notice of surveillance when available.

When it comes to privacy in the workplace, detailed, written policies are a must for any employer. Policies and procedures should be well-defined, widely communicated and

reviewed at least annually. This will help to balance the company’s legitimate business interests with the privacy rights of its employees, and also ensure compliance with frequently changing state and federal privacy laws.

Midge Seltzer contributed to this article.

Managing Conflict

Styles of Interpersonal Conflict

Team conflict is a state of discord between individuals that work together.

LEARNING OBJECTIVES

Explain the distinction between substantive and affective conflicts and between intra- and inter- organizational conflict

KEY TAKEAWAYS

Key Points

• Conflict is a state of discord between people, or groups of people working together, caused by an actual or perceived opposition of needs, values, and/or interests.

• Substantive conflicts deal with aspects of performance or tasks and often relate specifically to the project or goals of a team or organization.

• Affective conflicts, also known as personal conflicts, revolve around personal disagreements or dislikes between individuals in a team.

• Organizational conflict may be intra-organizational, meaning it takes place across departments or within teams, or it may be inter-organizational, meaning it arises from disagreements between two or more organizations.

Key Terms

• affective: Relating to, resulting from, or influenced by emotions. • substantive: Of the core essence or essential element of a thing or topic.

Conflict is a feature common to social life. In organizations, conflict is a state of discord caused by the actual or perceived opposition of needs, values, and/or interests between people working together. Conflict on teams takes many forms and can be minor, causing only brief disruption, or major, threatening the team’s ability to function and attain its goals. We can distinguish between two type of conflict: substantive and affective.

Substantive and Affective Conflict

Substantive conflicts deal with aspects of a team’s work. For example, conflicts can arise over questions about an individual’s performance, differing views about the scope of a task or assignment, disparate definitions of acceptable quality, or the nature of a project goal. Other substantive conflicts involve how team members work together. These process conflicts often involve disagreements over the strategies, policies, and procedures the group should use in order to complete its tasks.

Affective conflict relates to trouble that develops in interpersonal relationships among team members. While these personal conflicts emerge as people work together, they may have their roots in factors separate from the team’s purpose and activities. Affective conflicts are often based on personality conflicts, differing communication styles, perceptions about level of effort, or personal dislikes based on negative past experiences.

Intra-Organizational and Inter-Organizational Conflict

Both substantive and affective conflicts can be separated into those that happen within an organization and those that happen between two or more different organizations. Intra-organizational conflicts occur across departments in an organization, within work teams and other groups, and between individuals. Inter-organizational conflicts are disagreements between people—business partners, for example, or other collaborators, vendors, and distributors—in two or more organizations.

Arguing wolves: These wolves are expressing disagreement over territory or having some other type of conflict.

The Impact of Interpersonal Conflict on Team Performance

Conflict can have damaging or productive effects on the performance of a team.

LEARNING OBJECTIVES

Analyze the way in which conflict can both help and hurt a team’s performance

KEY TAKEAWAYS

Key Points

• Conflict is common within teams, especially during the storming phase of team development.

• Team conflict provides benefits including resolving misunderstandings, improving processes, and changing behaviors.

• Team conflict can have negative consequences such as reduced group cohesion and lower productivity, and it can even threaten the team’s existence.

Key Terms

• interdependent: Mutually dependent; reliant on one another. • affective: Relating to, resulting from, or influenced by emotions.

Conflict occurs often in teamwork, especially during the storming phase of team development. While at first we might think of all conflict between team members as undesirable and harmful, the process of resolving conflicts can actually provide benefits to team performance. Whether a conflict is productive or not can depend on how team members perceive it, as well as how it affects progress toward the team’s goals.

Benefits of Team Conflict

Substantive conflicts can affect performance for the better by removing barriers caused by different assumptions or misunderstandings about a team’s tasks, strategy, or goals. Conflict can be constructive when it creates broader awareness about how team members are experiencing their work and thus leads to changes that improve members’ productivity. Conflict can also lead to process improvements, such as when it reveals a deficiency in how the team communicates, which can then be corrected. Clashes of ideas can lead to more creative solutions or otherwise provide perspectives that persuade the team to take a different approach that is more likely to lead to success.

Addressing personal conflicts that arise between members can facilitate cooperation by helping individuals adapt their behavior to better suit the needs of others. Although most

people find conflict uncomfortable while they are experiencing it, they can come to recognize its value as the team progresses in its development.

Negative Consequences of Team Conflict

While sometimes conflict can lead to a solution to a problem, conflicts can also create problems. Discord caused by enmity between individuals can reduce team cohesion and the ability of team members to work together. Conflicts can create distractions that require time and effort to resolve, which can delay completion of tasks and even put a team’s goals at risk.

Communication can suffer when people withdraw their attention or participation, leading to poor coordination of interdependent tasks. Tension and heightened emotions can lower team members’ satisfaction, increase frustration, and lead to bad judgments. They can even prompt individuals to withdraw from the team, requiring the assignment of a new member or creating a resource scarcity that makes it more difficult for the team to fulfill its purpose. In extreme cases, conflict among members, if left unaddressed, can lead to the complete inability of the team to function, and thus to its disbandment.

Common Causes of Team Conflict

Team conflict is caused by factors related to individual behavior as well as disagreements about the team’s work.

LEARNING OBJECTIVES

Identify the causes of conflict within an organization as a conflict manager.

KEY TAKEAWAYS

Key Points

• Team conflict arises from how people perceive the actions of others and from differing views of the team’s work and how it should be accomplished.

• Common causes of team conflict include conflicting interests, incompatible work styles, competition over resources, failure to follow norms, poor communication, and performance deficiencies.

Key Terms

• ambiguity: Something liable to more than one interpretation, explanation, or meaning.

• affective: Relating to, resulting from, or influenced by emotions.

Conflict between team members comes from several sources. Some conflicts have their basis in how people behave, while others come from disagreements about the nature of the team’s work and how it is being accomplished.

• Competing interests: Conflict can arise when people have mutually incompatible desires or needs. For example, two team members with similar skills may both want a certain assignment, leaving the one who doesn’t receive it resentful.

• Different behavioral styles or preferences: Individuals may clash over their respective work habits, attention to detail, communication practices, or tone of expression. While these can affect coordination of interdependent tasks, they can especially inhibit direct collaboration.

• Competition over resources: Members may fight over the limited resources available to accomplish the team’s tasks. For example, if two people both rely on the action of a third person to meet identical deadlines, disagreements might arise over whose work should receive that person’s attention first.

• Failure to follow team norms: A team member creates conflict when she displays attitudes or behaviors that go against the team’s agreement about how it will function. If a group norm calls for prompt arrival at meetings and prohibits the use of mobile devices during discussions, ignoring these practices can engender conflict.

• Performance deficiencies: When some team members are either not contributing their share of effort or not performing at the expected level of quality, the impositions that result can create friction, which may be heightened when critical or highly visible tasks are involved.

• Poor communication: When team members do not share relevant information with each other, people may make decisions or take actions that others consider inappropriate or even harmful. Blame and questions about motives can result, creating discord among the team.

• Ambiguity about means and ends: Lack of clarity about tasks, strategies, and/or goals can lead people to make assumptions that others do not share or agree with, which can result in conflict.

Card game argument: Behavioral differences and personality clashes can cause conflict even among friends.

Constructive Team Conflict

Teams can use conflict as a strategy for enhancing performance.

LEARNING OBJECTIVES

Explain how conflict can be used as a strategy for improving team performance

KEY TAKEAWAYS

Key Points

• Team performance can benefit by using conflict to foster learning and process improvement.

• Team members can establish guidelines and norms that encourage constructive conflict.

Key Terms

• innovation: A change in customs; something new and contrary to established patterns, manners, or rites.

• conflict: A clash or disagreement between two opposing groups or individuals.

Teams may use conflict as a strategy for continuous improvement and learning. Recognizing the benefits of conflict and using them as part of the team’s process can enhance team performance. Conflict can uncover barriers to collaboration that changes in behavior can remove. It can also foster better decisions because it makes team members consider the perspectives of others and even helps them see things in new and innovative ways.

Addressing conflict can increase team cohesion by engaging members in discussions about important issues. Team members may feel more valued when they know they are contributing to something vital to the team’s success. Conflict can reveal assumptions that may not apply in the current situation and thus allow the team to agree on a new course. It can also draw attention to norms that have developed without the explicit agreement of team members and create the opportunity to endorse or discard them.

Generating Constructive Conflict

Team members and others can follow a few guidelines for encouraging constructive conflict. First, they can start by explicitly calling for it as something that will help improve the team’s performance. This helps people view conflict as acceptable and can thus free them to speak up.

Teams can lower the emotional intensity of any conflict be establishing clear guidelines for how to express disagreements and challenge colleagues. One helpful norm is to focus on the task-related element of a conflict rather than criticizing the traits of particular individuals. Another is to emphasize common goals and shared commitments, which can keep conflict in perspective and prevent it from overwhelming the team’s efforts.

Team Conflict Resolution and Management

Some ways of dealing with conflict seek resolution; others aim to minimize negative effects on the team.

LEARNING OBJECTIVES

Differentiate between conflict resolution and conflict management

KEY TAKEAWAYS

Key Points

• Conflict resolution aims to eliminate disagreements and disputes among team members; in contrast, conflict management seeks to minimize the negative effects of conflict on team performance.

• There are three main approaches to conflict resolution: integrative, distributive, and mediating.

• There are three main conflict-management tactics: smoothing, yielding, and avoiding.

Key Terms

• dispute: An argument or disagreement. • resolution: The moment in which a conflict ends and the outcome is clear. • adversarial: Characteristic of an opponent; combative, hostile.

The way a team deals with conflicts that arise among members can influence whether and how those conflicts are resolved and, as a result, the team’s subsequent performance. There are several ways to approach managing and resolving team conflict—some leave the team and its members better able to continue their work, while others can undermine its effectiveness as a performing unit.

Conflict Resolution

Teams use one of three primary approaches to conflict resolution: integrative, distributive, and mediating.

1. Integrative approaches focus on the issue to be solved and aim to find a resolution that meets everyone’s needs. Success with this tactic requires the exchange of information, openness to alternatives, and a willingness to consider what is best for the group as a whole rather than for any particular individual.

2. Distributive approaches find ways to divide a fixed number of positive outcomes or resources in which one side comes out ahead of the other. Since team members have repeated interactions with each other and are committed to shared goals, the expectation of reciprocity can make this solution acceptable since those who don’t get their way today may end up “winning” tomorrow.

3. Mediating approaches bring in a third party to facilitate a non-confrontational, non- adversarial discussion with the goal of helping the team reach a consensus about how to resolve the conflict. A mediator from outside the team brings no emotional ties or preconceived ideas to the conflict and therefore can help the team identify a broader set of solutions that would be satisfactory to all.

Although these three approaches all bring overt conflict to an end, team cohesion can suffer if members perceive the process itself as unfair, disrespectful, or overly contentious. The result can be resentment that festers and leads to subsequent additional conflict that a more conciliatory process might have avoided.

Conflict Management

The primary aim of conflict management is to promote the positive effects and reduce the negative effects that disputes can have on team performance without necessarily fully resolving the conflict itself. Teams use one of three main tactics to manage conflict: smoothing, yielding, and avoiding.

1. The smoothing approach attempts to minimize the differences among the people who are in conflict with each other. This strategy often focuses on reducing the emotional charge and intensity of how the people speak to each other by emphasizing their shared goals and commitments.

2. The yielding approach describes the choice some team members make to simply give in when others disagree with them rather than engage in conflict. This is more common when the stakes are perceived to be small or when the team member’s emotional ties to the issue at hand are not particularly strong.

3. In the avoiding approach, teams members may choose to simply ignore all but the most contentious disagreements. While this can have short-term benefits and may be the best option when the team is under time pressure, it is the approach least likely to produce a sense of harmony among the team.

While conflict can increase the engagement of team members, it can also create distractions and draw attention away from important tasks. Because conflict management seeks to contain such disruptions and threats to team performance, conflicts do not disappear so much as exist alongside the teamwork.

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69 Managing Grievances and Conflicts 8. How are grievances between management and labor resolved, and what tactics are used to force

a contract settlement?

In a unionized work environment, employees follow a step-by-step process for handling grievances or disputes between management and labor. Conflicts over contracts, however, are far more challenging to resolve and may result in the union or employer imposing economic pressure, as described in this section.

Grievance Handling and Arbitration

The union’s main way of policing the contract is the grievance procedure. A grievance is a formal complaint by an employee or the union that management has violated some part of the contract. Under a typical contract, the employee starts by presenting the grievance to the supervisor, either in person or in writing. The typical grievance procedure is illustrated in (Figure). An example grievance is a situation in which an employee is disciplined with a one- day suspension (and loss of pay) for being late for work several times in one month. Ezekiel Elliott is a star running back for the Dallas Cowboys who was suspended by NFL commissioner Roger Goodell for six games in the 2017 season. The controversial NFL running back, with the support of the NFL Players Association (NFLPA), appealed the decision several times and was able to delay the suspension, but eventually lost a highly publicized case in federal court. U.S. District Judge Katherine Polk Failla ruled that the NFL’s decision to suspend Elliott did not violate the labor agreement. What options did Elliott and the NFLPA have after losing this court case? (Credit: grantlairdjr/ flickr/ Attribution 2.0 Generic (CC BY 2.0))

If the problem isn’t solved, the grievance is put in writing. The employee, one or more union officials, the supervisor, and perhaps the plant manager then discuss the grievance. If the matter still can’t be resolved, another meeting takes place with higher-level representatives of both parties present. If top management and the local union president can’t resolve the grievance, it goes to arbitration.

Arbitration is the process of settling a labor-management dispute by having a third party—a single arbitrator or a panel—make a decision. The decision is final and binding on the union and employer. The arbitrator reviews the grievance at a hearing and then makes the decision, which is presented in a document called the award. In the one-day suspension mentioned above, the arbitrator might rule that the discipline was improperly made because the employee’s attendance record for the month was not accurately maintained by the firm. Typical Grievance Procedure (Attribution: Copyright Rice University, OpenStax, under CC BY 4.0 license.)

Tactics for Pressuring a Contract Settlement

Virtually all labor agreements specify peaceful resolution of conflicts, usually through arbitration. However, when a contract expires and a new agreement has not been reached, the union is free to strike or engage in other efforts to exert economic pressure on the employer. A strike occurs when employees refuse to work. The United Auto Workers union used a selective strike strategy, a strategy of conducting a strike at a critical plant that supplies parts to other plants, against General Motors. The union conducted its strike at a stamping and parts

facility in Flint, Michigan, that supplied critical parts to other plants. The 54-day strike caused the company to stop production at many of its assembly plants because parts were not available from the Flint plant. General Motors lost approximately $2.2 billion during that dispute. Likewise, the employer can put pressure on the union through a lockout or by hiring strike replacements if the union has called a strike. For example, in 2018 aluminum producer Alcoa locked out more than 1,000 union workers from its smelter facility in Quebec, Canada, after union members went on strike. Reuters, “Alcoa Locks Union Workers Out of Canada Smelter as Contract Expires,” https://www.reuters.com, January 11, 2018.

(Figure) provides a summary of union and employer pressure strategies for forcing a contract settlement.

Strategies of Unions and Employers

Union Strategies

Employer Strategies

Strike: Employees refuse to work. Lockout: Employer refuses to let employees enter plant to work.

Boycott: Employees try to keep customers and others from doing business with employer.

Strike replacements:

Employer uses nonunion employees to do jobs of striking union employees.

Picketing:

Employees march near entrance of firm to publicize their view of dispute and discourage customers.

Mutual-aid pact:

Employer receives money from other companies in industry to cover some of income lost because of strikes.

Corporate campaign:

Union disrupts stockholder meetings or buys company stock to have more influence over management.

Shift production:

Employer moves production to nonunion plant or out of country.

1. Describe the grievance procedure. 2. In what ways do arbitrators act like judges?

3. What are some tactics for pressuring for a contract settlement?

Summary of Learning Outcomes

8. How are grievances between management and labor resolved, and what tactics are used to force a contract settlement?

In most labor agreements, the grievance procedure consists of three or four steps. In the initial step, the employee files a grievance; this is an oral and/or written presentation to the supervisor and may involve a union steward as representative of the grievant. Steps two and three involve meetings of the employee, one or more union officials, the appropriate supervisor, and one or more management officials. If the grievance is not resolved at step three, either party (union or management) can request that an arbitrator, or neutral third party, hear and decide the grievance. The arbitrator reviews the grievance at a hearing and then makes the decision, which is presented in a document called the award.

When a union contract expires and a new agreement has not been reached, the union may impose economic pressure on the firm. These tactics may take the form of strikes, boycotts, picketing, or corporate campaigns. Similarly, employers may implement lockouts, hire replacements, or move production to another facility to place pressure on a union to accept a new contract.

Glossary

arbitration Settling labor-management disputes through a third party. The decision is final and binding.

grievance A formal complaint by a union worker that management has violated the contract.

selective strike strategy Strike at a critical plant that typically stops operations system-wide.

Previous: The Labor Relations Process Next: Legal Environment of Human Resources and Labor Relations

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Introduction to Business by Rice University is licensed under a Creative Commons Attribution 4.0 International License, except where otherwise noted.

Workplace Conflict Resolution Steps in Mediating Workplace Conflict Resolution BY SUSAN M. HEATHFIELD Updated August 01, 2019

Managers Must Intervene in Conflict Resolution

Organization leaders are responsible for creating a work environment that enables people to thrive. If turf wars, disagreements, and differences of opinion escalate into interpersonal conflict, you must intervene immediately with conflict resolution mediation.

Not intervening is not an option if you value your organization and your positive culture. In conflict-ridden situations, your mediation skills and interventions are critical.

We're not talking about the daily disagreements that employees may experience at work. Most employees will get over and past those fairly quickly. But, a long-lasting conflict that is negatively affecting work and the people who work with the employees in conflict must be resolved.

This kind of conflict can pose a challenge for a manager because your employees are demonstrating that they can't resolve it alone and the manager's intervention is needed and critical for workplace harmony and productivity.

Actions to Avoid in Mediating a Conflict Resolution

As a manager, these suggestions should help you to effectively mediate conflict when your employees have demonstrated that they cannot do it on their own.

Don't Avoid Conflict Resolution

Do not avoid the conflict, hoping it will go away. It won't. Even if the conflict appears to have been superficially put to rest, it will rear its ugly head whenever stress increases or a new disagreement occurs.

An unresolved conflict or interpersonal disagreement festers just under the surface in your work environment. It bubbles to the surface whenever enabled, and always at the worst possible moment. The unresolved conflict has an impact on any employee who works with or who is associated with the employees who are in conflict.

Do Not Meet Separately With Employees Involved in a Conflict

Do not meet separately with people in conflict. If you allow each individual to tell their story to you, you risk polarizing their positions. The person in a conflict has a vested interest in making himself or herself right if you place yourself in the position of judge and jury. The sole goal of the employee, in this situation, is to convince you of the merits of their case.

Your Other Employees Need You to Mediate a Conflict Resolution

Do not believe, for even a moment, that the only people who are affected by the conflict are the participants. Everyone in your office and every employee with whom the conflicting employees interact is affected by the stress.

People feel as if they are walking on eggshells in the presence of the antagonists. This contributes to the creation of a hostile work environment for other employees. In worst- case scenarios, your organization members take sides and your organization is divided.

How to Mediate a Conflict Resolution: Begin the Meeting

Interested in what to do to resolve the conflict? These are the steps you'll want to take to help employees to resolve conflicts in your workplace.

• Meet with the antagonists together. Let each briefly summarize their point of view, without comment or interruption by the other party. This should be a short discussion so that all parties are clear about the disagreement and conflicting

views. Intervene if either employee attacks the other employee. This is not acceptable.

• Ask each participant to describe specific actions they’d like to see the other party take that would resolve the differences. Three or four suggestions work well. An example is, “I’d like Mary to send the report to me by Thursday at 1 p.m. so I can complete my assignment by my due date of Friday at noon.” A second example is, “I would like to have responsibility for all of the business development and follow-up with that client. The way our work is divided now causes Tom and me to never know what the other person is doing.”

• Sometimes, as in the second example above, you, as the manager, must own some of the responsibility for helping the employees resolve their conflict. Always ask yourself the question recommended by W. Edwards Deming, author of the 14 key principles for management for transforming business effectiveness, “What about the work situation is causing these staff members to fail?”

How to Mediate a Conflict Resolution: Continue the Meeting

• If the situation needs further exploration, use a process adapted from Stephen Covey, the renowned consultant and author of "The 7 Habits of Highly Effective People." You need to ask each participant in the conflict resolution to additionally identify what the other employee can do more of, do less of, stop doing and start doing.

• All participants then discuss and commit to making the changes necessary to resolve the conflict. Commit to noticing that the other person has made a change, no matter how small. Commit to treating each other with dignity and respect. It is okay to have reasonable disagreements over issues and plans; it is never okay to have personality conflicts that affect the workplace.

How to Mediate a Conflict Resolution: Finishing the Meeting

• Let the antagonists know that you will not choose sides. It is impossible for a person external to the conflict to know the truth of the matter. You expect the individuals to resolve the conflicts proactively as adults. If they are unwilling to do so, you will be forced to take disciplinary action that can lead to dismissal for both parties.

• Finally, assure both parties that you have every faith in their ability to resolve their differences and get on with their successful contributions within your shared organization. Set a time to review progress.

The Bottom Line

Mediating a conflict is challenging, but as a manager or supervisor, the role of mediator comes with your territory. Your willingness to appropriately intervene sets the stage for your own success.

What Notice Must an Employer Provide for Job Termination or Layoff? Job Terminations Are Not All Covered by Employment Law BY SUSAN M. HEATHFIELD Updated April 07, 2020

Employers have a variety of responsibilities to their employees in a layoff or employment termination situation. Some are required by law and others are important to promote your employment brand as a brand of choice to your current and prospective employees. How you treat people really does matter in a layoff or employment termination situation.

But employment termination is not an area that the federal government legislates except in a few instances. Do you need to understand how much warning an employer needs to provide to an employee in a variety of termination scenarios? Read on for additional information.

Job Termination

The Fair Labor Standards Act (FLSA) has no requirements for notice to an employee prior to the termination of his or her job. No matter the reason for the termination, the employer can ask the employee to work for several days, but it is more likely that the day of termination is the employee’s last day.

In certain cases, employers must give the workers advanced notice of mass layoffs or plant closure. The Worker Adjustment and Retraining Notification Act (the WARN Act) provides specific information on advance notice, employer responsibility, and workers' rights during mass layoffs or plant closure.1

Note that some states may have requirements for employers to notify employees prior to termination or lay-off. You need to stay in touch with your state department of labor.2

To avoid lawsuits and to be fair to the employee and employer, if you fire an employee, make sure that your path to employment termination has been ethical, legal, and thoughtful. The ethical and proper paths, as well as the thoughtful and kind paths to employment termination, are covered in how to fire an employee in detail in these resources.

• How to Fire With Compassion and Class • How to Fire an Employee: Legally, Ethically • Top 10 Don'ts When You Fire an Employee

In an employee firing, it is normal for the employer to walk the employee out of the workplace after helping retrieve his or her belongings. If an employee does not want to return to their work area, the employer can make arrangements to meet the employee after work or on the weekend so they can pick up their belongings. Note that in the instance of immediate employment termination, the employee would receive no advance notice.

Employee Layoffs

In a layoff situation, in some cases, employers must give employees advanced notice of mass layoffs or plant closure. The WARN Act requires 60 days written notice of the intention to lay off more than 50 employees during any 30-day period as part of a plant closing.3

Additionally, the WARN Act requires employers to give notice of any mass layoff, that does not result from a plant closing but will result in an employment loss of 500 or more employee jobs during any 30-day period. The Act also covers employment loss for 50- 499 employees if they make up at least 33% of the employer's active workforce.4

In a layoff situation that is not covered by the WARN Act, the employer is not required by federal law to give any notice. Situations vary. If the reason for the layoff is economic, employees will usually experience immediate employment termination.

In other circumstances such as the elimination of a department or function, employees may be asked to stay on for weeks, or even months, with the promise of bonuses and employment recommendations for an orderly shutdown or transfer of responsibilities to the employees who remain.

More About Layoffs

• Best Practices in Layoffs • Downsizing With Dignity • Survivors Can Soar After Downsizing

In all cases, please check with your state or governmental authorities at your equivalent to the U.S. Department of Labor. Notification rules may vary by state or jurisdiction.5

In the case of layoffs, always work with an attorney who specializes in employment law from your region. Many countries worldwide have layoff and termination restrictions that are more severe than those in the US

Note, too, that some states may have requirements for employee notification prior to job termination or layoffs.

Please note that the information provided, while authoritative, is not guaranteed for

accuracy and legality. The site is read by a world-wide audience and employment

laws and regulations vary from state to state and country to country. Please seek legal

assistance, or assistance from State, Federal, or International governmental resources,

to make certain your legal interpretation and decisions are correct for your location. This

information is for guidance, ideas, and assistance.

ARTICLE SOURCES 1. Fair Labor Standards Act. "Frequently Asked Questions." Accessed April 7, 2020.

2. U.S. Department of Labor, Wage and Hour Division. "State Labor Offices." Accessed April 7, 2020.

3. U.S. Department of Labor Employment and Training Administration Fact Sheet."The Worker Adjustment and Retraining Notification Act." Accessed April 7, 2020.

4. U.S. Department of Labor Employment and Training Administration Fact Sheet.

"The Worker Adjustment and Retraining Notification Act." Accessed April 7, 2020.

5. U.S. Department of Labor, Wage and Hour Division. "State Labor Offices." Accessed April 7, 2020.

Requirements of the WARN Act Employers Follow WARN Act Requirements in Layoffs and Plant Closings BY SUSAN M. HEATHFIELD Updated April 17, 2020

The Worker Adjustment and Retraining Notification Act (WARN Act) offers: "protection to workers, their families, and communities by requiring employers to provide notice 60 days in advance of covered plant closings and covered mass layoffs. Advance notice provides workers and their families some transition time to adjust to the prospective loss of employment, to seek and obtain alternative jobs and, if necessary, to enter skill training or retraining that will allow these workers to successfully compete in the job market.

WARN also provides for notice to State dislocated worker units so that dislocated worker assistance can be promptly provided."1 Why did the country need a WARN Act? It's simple. When an employer lays off a large number of people without warning, the economic impact of the layoff hits the employee and their family members hard. The layoff can have a negative impact on family relationships and on their ability to purchase goods and services.

As a result of the inability of the employee and their family to purchase goods and services, the larger, overall community experiences a negative impact on their economic conditions. This widespread impact caused a domino effect as employees with insufficient funds fail to purchase products and services in their communities.

The WARN Act stated further:

"This notice must be provided to either affected workers or their representatives (e.g., a labor union); to the State dislocated worker unit; and to the appropriate unit of local government."1

The WARN Act Requires Employers to Give 60 Days Notice

The WARN Act requires that the employer provide 60 days of written notice of the intention to lay off more than 50 employees during any 30-day period as part of a plant closing. The notice must be provided to employees; the State dislocated worker unit and the chief elected official of the unit of local government in which the employment site is located, and any collective bargaining unit.

This requirement does not consider the layoff of employees who have worked for the employer less than six months in the past 12 months, or employees who work, on average, less than 20 hours a week.1

Requirements of the WARN Act

Additionally, the WARN Act requires employers to give notice of any mass layoff, that does not result from a plant closing but will result in an employment loss of 500 or more employees during any 30-day period. The Act also covers employment loss for 50-499 employees if they make up at least 33 percent of the employer's active workforce.

This requirement does not consider the layoff of employees who have worked for the employer less than six months in the past 12 months, or employees who work, on average, less than 20 hours a week.

Penalties of the WARN Act

Under the WARN Act provisions, an employer who orders a plant closing or mass layoff without providing this notice is liable to each unnotified employee for back pay and benefits for up to 60 days during which the employer is in violation of the WARN Act. (The employer's liability may be reduced by the amount of any wages or unconditional payments paid to the employee during the violation time period.)

The employer who fails to provide this notice to the implicated local government is charged a civil penalty of up to $500 for each day the employer violates notification requirements. Employers can avoid this penalty if the employer pays each affected employee within three weeks after the plant closing or layoff.

A plant employer in Michigan was forced to lay off 26 employees (non-union) during a potential client bankruptcy situation. No sooner did the laid-off employees hit the unemployment offices in the state then the WARN Act officials were on the phone with the company.

Employees told their tales of woe to the unemployment compensation office workers and predicted that the company was in danger of closing completely. They bemoaned their lost coworkers and predicted that everyone would soon become unemployed. After hearing these stories of fear and concern from many of the laid-off employees, the front line unemployment workers became worried that the stories were true.

The front line workers at the unemployment compensation office notified their supervisors who notified the state. The company was able to tell the WARN Act officials that they had not, and did not intend to violate the WARN Act.

Lessons Learned About the WARN Act

But, the experience was a lesson in how quickly the state reacted to a former employee- spread rumor. It was also a lesson in keeping employees up-to-date by communicating transparently with them over time. Had they received the company's economic data regularly, the layoffs would not have been a surprise. They would have understood that the layoffs were a short-term economic reality measure—not a permanent situation or plant closure.

Since you'll want to hear the end of the story, the short-term cuts helped save the company which is thriving today. No additional employee layoffs were required. The WARN Act was never violated. Several good former employees were rehired.

The lesson for employers? Always follow employment laws that are applicable in your industry, in your community, and as required from all levels of state and federal government. It is how to stay on top of ever-changing employment laws. You'll be happy that you did.

Please note that the information provided, while authoritative, is not guaranteed for

accuracy and legality. The site is read by a world-wide audience and employment

laws and regulations vary from state to state and country to country. Please seek legal

assistance, or assistance from State, Federal, or International governmental resources,

to make certain your legal interpretation and decisions are correct for your location. This

information is for guidance, ideas, and assistance.

ARTICLE SOURCES 1. Electronic Code of Federal Regulations. "Part 639—Worker Adjustment and Retraining

Notification." Accessed April 16, 2020.

Managing Employment Relationships

Businesses are significant social institutions in our society. While having satisfied employees does

not necessarily make organizations more productive, it does contribute to lower turnover rates

and greater customer satisfaction, contributing to greater profits. Managing the relationships

between the employee and the employer is a critical function in a successful organization.

An organization can be fair and equitable in its treatment of employees but still have problems

with employees if there is a perception that the organization is unfair and/or inequitable.

Managing the perception of employees is as important as the reality of the treatment of

employees. This means that open and clear communications with employees is one of the most

important factors in managing employee relationships.

Three major concepts must be taken into consideration when dealing with employees.

These concepts are equality, fairness, and justice:

1. Equality is treating every employee in the same way.

2. Fairness is treating employees in a way that is appropriate for the employee's situation.

3. Justice is the perception that the treatment of employees fits with society's

expectations.

It is easier to treat all employees the same (equally) than it is to treat all employees fairly.

Equality is easier to measure than fairness. If everyone is given the same raise when some

employees have worked hard, and other employees have hardly worked, the equal raise may be

seen as unfair. On the other hand, a raise that may be given to some employees, and not to

other employees, is unequal and may be perceived as unfair by some employees. The best way

to deal with this perception of unfairness is through open communication as to why different

employees are being treated differently.

Justice deals with the processes of administering fair policies in an organization. Justice can be

distributive or procedural. Distributive justice determines who gets what in an organization.

Procedural justice is the process of deciding who gets what in an organization. Organizations

are often held to procedural standards by the courts without regard to the actual distribution of

resources.

Organizations cannot legally violate a person's basic civil rights. For example, an organization

cannot lock someone in their workplace and not allow them to leave; or an organization cannot

require a person to commit illegal acts. The leaders of organizations and the organizations

themselves are subject to legal sanctions for any actions that violate an employee's rights.

There are several trends in employment in organizations that may raise fairness issues among

employees.

• The use of part-time and temporary workers often creates two classes of workers in an organization: (1) long-term, full-time employees, and (2) short-term, temporary or

part-time employees. The shorter-term employees often do tasks that are as important,

or more important, than the longer-term employees, but they receive less compensation

(especially fewer benefits).

• Flexible work schedules provide an opportunity for employees to fit the organization to their personal needs. Flexible schedules may bring about some feelings of unfairness

among employees, however, if the flexible work schedules are not distributed fairly, or if

the process for determining who has what schedule is seen as unfair.

• Sexual harassment is, legally, an EEO issue but is also an unfair and unjust situation for the victims of sexual harassment. It is also important to be aware of the paranoia that

some males feel about the possibility of being unfairly accused of sexual harassment.

• Whistleblowing is an internal or external effort by an employee to expose unethical or illegal actions that are witnessed in an organization. With the threat of serious negative

consequences for whistleblowers, protections have been developed in an effort to be fair

to whistleblowers and to encourage whistleblowing.

• Privacy issues are concerned with the rights of employees to prevent distribution or disclosure of their employment records and the obligations of organizations to cooperate

with governmental anti-terrorism efforts. While there have been some changes to privacy

rights of employees in recent years, it is still an ethical obligation of human resource

professionals and managers to protect the privacy of information about individuals, within

the law.

A good manager is not only aware of being fair and just, but is also aware of the perceptions that

employees have about whether the manager is being fair and just. If there is a possibility that

some action will be interpreted as unfair, good managers make sure that they communicate the

reasons for their actions so that those actions are interpreted as being fair.

Employee handbooks define the policies and procedures for handling an organization's

relations with employees. Even with statements that the employee handbook is not an explicit or

implicit contract, the courts will usually interpret the employee handbook as an agreement

between employer and employee. The employee handbook can be an important tool for

communicating expectations and processes to employees. Well-written employee handbooks

save both the employer and employee numerous legal problems.

Employment at will enables both employees and employers to terminate the employment

without warning, but only if no employment contract exists. Employment at will is a much

weaker concept today than it was in the past because today, most employment involves a

contract or a collective bargaining agreement that supersedes employment at will.

Disciplinary actions should be spelled out in the employee handbook and should be as uniform

as possible across all levels of the organization to avoid any perception of unfairness. Discipline

is designed to bring about better behavior or actions in the future. The reasons for discipline

should always be clearly defined so the person or persons being disciplined know how to behave

better in the future. Progressive discipline should be used when possible by increasing the

seriousness of the consequences if the unwanted behavior is repeated.

The key element in managing employment relationships is to make certain that the

organization's actions are fair and just. An employer's actions may be fair and just but

sometimes may not be perceived as such by the employees. Communicating the reasons for any

employer/employee action is vital in helping employees perceive the reasons for the action as

fair.

Workplace Health and Safety

It is an employer's responsibility to provide a healthy and safe environment for its employees. If

the work environment in an organization is unsafe, the employer risks losing some of its greatest

resources its employees. An employer also has an obligation to provide a healthy and safe work

environment because society expects employers to protect their employees from harm while the

employees are working. Many laws and regulations deal with the employer's obligation to have a

healthy and safe work environment. If an employer does not provide that safe environment,

employees may sue the employer, or the employer may be investigated and shut down, fined, or

prosecuted by a government agency.

Major Laws Related to Workplace Health and Safety

Workers' compensation is required of all employers. Employers pay into an insurance fund

that may be state-sponsored or private. When employees are injured on the job, they can have

their medical expenses and a portion of their lost pay covered by this insurance, regardless of

who was at fault. Workers' compensation can be expensive (this author paid more than $1,800 a

year for the equivalent of three full-time retail employees when he owned a business). If the

safety record of the business is poor or the business is of a high-risk nature, the rates for

workers' compensation insurance will be higher. Workers' compensation programs are required

but vary considerably from state to state.

The Occupational Safety and Health Administration (OSHA) oversees the health and safety

of workplaces in the United States. OSHA develops standards for workplace safety and enforces

those standards, as well as any other standards that an employer should know are needed to

provide a safe workplace. OSHA requires employers with 11 or more employees to keep records

of occupational injuries or illness. Whenever a workday is lost, or a person is obviously seriously

injured, it must be recorded. OSHA has the right to inspect a workplace and provides

consultation and training to help organizations provide a safe workplace.

Ways to Encourage Workplace Safety

Factors that affect safety in the workplace are:

• personnel selection

• employee awareness

• training

• workplace behavior

• incentives

• clear communication of safety rules

• listening to employee safety concerns

Personnel selection can have a significant effect on workplace safety. Although an employer

cannot require a physical exam of a prospective employee until it has extended an offer of

employment, the employer can legally withdraw the offer if the prospective employee fails the

physical exam. An employee's physical condition may have a serious effect on workplace safety.

It is unsafe to employ someone who may faint while operating dangerous machinery or to rely

on someone who has a bad back to share the lifting of heavy objects. It is also an important

safety issue to hire people who have the skills and certifications to carry out the tasks that the

employee must perform. For example, you would not want a driver hauling hazardous materials

who did not know how to haul those materials safely.

Making employees aware of their workplace and surroundings is essential to workplace safety.

Placards and signs can make employees aware of potential safety hazards. Periodic training on

safety issues also may help keep employees aware of potential safety hazards. The best safety

program, however, is to foster a culture in the organization that makes everyone in the

organization safety-conscious.

Training programs can be related directly to safety issues or related to how to do specific jobs

better. Training programs on safety issues may involve simple things such as how to lift objects

and how to safely work at a computer all day without getting repetitive-task injuries. These

training programs may also lead to a reduction in workers' compensation insurance rates.

Specific job-related training programs help the employees know how to operate equipment or

interact with clients or other employees safely.

Some behaviors in the workplace may seem innocent but may lead to safety hazards or injury. If

employees are "horsing around" in close proximity to potentially dangerous equipment or

substances, it presents a safety hazard. Managers have a responsibility to monitor employee

behavior to ensure that employees are behaving in a safe manner at all times.

Incentives can provide the impetus needed to make employees aware of their own safe or unsafe

behavior and can be individual or group in nature. Individual incentives may provide rewards for

good driving records, years without an injury, development of safety programs, or any other

behavior that promotes safety. Group rewards may be provided for the best safety record among

divisions, groups, or teams. This can create a competitive environment in which everyone in the

group or team helps everyone else to be aware of safety considerations.

Setting definite safety rules and clearly communicating those rules to employees can help them

be safer. Managers can communicate safety rules by posting them in places where employees

will see and read them. The safety rules may also be part of employee handbooks. Managers can

play a major role in reminding employees of the safety rules, and these rules may be conveyed

to employees in safety training sessions.

If an employee expresses safety concerns, it is important that management acts upon those

concerns. Listening to employees is the best way to become aware of potential safety problems.

If employees complain about safety issues and the managers do nothing about those issues,

those managers may be held criminally liable if someone is injured.

Health and Safety Issues

Drugs cause safety concerns because of the inattentiveness they may cause among employees.

When there is a transportation accident, the driver, engineer, or pilot is required to undergo a

drug test. Many accidents are caused by the use of drugs (including alcohol). Prospective

employees can be required to undergo drug testing after they are offered a job. If they fail the

drug test, the job offer can legally be withdrawn. Employees can be required to undergo drug

tests if there is cause to believe that they are using drugs or if the tests are done in a way that

all the employees or a truly random sample are given the test.

Secondhand smoke in the workplace has been proven to cause health problems in nonsmokers.

Many states have laws that prohibit people from smoking where others may be exposed to their

smoke. There are also secondary issues with smoking, such as increased health insurance costs

for everyone in the organization, greater expense for remodeling facilities, and, potentially, more

frequent breaks for smokers to smoke. A smoking area must be either be

• indoors, in an area where the ventilation system is separate from other areas in the building, or

• outdoors, where the smoke will not affect other people

Violence in the workplace is more common than most people seem to think. Almost half of all

employees experience violence in the workplace in a given year. This violence can be from other

employees or from clients or customers. Some of the violence can be avoided by carefully

screening employees before hiring them. Running a criminal-record check may help employers

determine if someone has violent tendencies and is required in many states for some employees,

such as child care workers. Being aware of stress levels and potential conflicts between

employees will help managers control violence in the workplace.

Stress in the workplace can be reduced by providing clear directions and then letting employees

have the autonomy to do their job. People under stress are inattentive and more susceptible to

injury or illness. Support of others in the workplace, especially when things aren't going well, can

help employees feel that people at work do care and help alleviate the alienation that often

comes from stress. Providing opportunities for exercise and allowing employees to have times

when they can relax (short naps may increase creativity and productivity) can help with stress.

Programs such as child care and flexible schedules may help to alleviate stress. Stress can be a

great motivator, but it can also lead an employee to burnout, to become unproductive, or even

to leave the organization.

Two programs that help to deal with health and safety issues in organizations are Employee

Assistance Programs (EAPs) and wellness programs. EAPs are designed to provide

employees with help for personal problems. These programs emphasize counseling for problems

such as substance abuse, stress management, anger management, marital counseling, family

counseling, and depression. Organizations usually contract with a local mental health facility for

their EAP programs. Wellness programs are designed to educate people as to how to lead a

healthier life and prevent health problems. Wellness programs often provide access to physical

fitness facilities and to health evaluation and education programs. Included in wellness programs

are smoking-cessation classes, healthy eating education, physical evaluations, lifestyle

evaluations, and so on. Organizations often hire a nurse or other health care professional to run

wellness programs.

Both EAPs and wellness programs are usually cost-effective. They can pay for themselves with

lower health insurance premiums and with less employee absenteeism. It also appears that

these programs may help to increase productivity.

An organization cannot exist without healthy employees. The healthier and safer employees are,

the more productive and loyal they are. Being aware of employee health and safety also helps to

avoid possible lawsuits and may also avoid criminal prosecutions. Having programs that promote

health and safety in the workplace is good business practice and, in the long run, is also

essential to having a successful organization.

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Examples of Employee Relations Issues Small Business | Managing Employees | Employees By Andra Picincu Updated March 16, 2019

Did you know that HR managers spend up to 60 percent of their time trying to manage workplace conflicts? Or that almost half of employees experience abusive behavior at work? Conflicts, sexual harassment, annual leave disputes, bullying and other employee relations issues can negatively impact your organization. As a business owner or HR manager, it's your responsibility to prevent and address these problems before they escalate.

Stop Workplace Bullying

According to a 2017 survey, more than 60 million U.S workers are dealing with workplace bullying. Women are particularly vulnerable. Yet, only 12 percent of employees take the steps needed to eliminate this issue. In fact, 25 percent do nothing about it.

Workplace bullying is a global problem. If left unaddressed, it can affect employee performance and team morale, hurt the company's reputation and increase absenteeism. Each year, this issue costs employers approximately $200 billion in lost productivity.

Keep an eye on your employees and watch out for any signs of bullying in the workplace. A stressful environment, name-calling and hurtful teasing are just a few examples. Use surveys and questionnaires to build a better workplace and detect potential issues before it's too late. Take bullying reports seriously and conduct further investigations if necessary.

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Address Employees' Pay Raise Requests

As an employer, you'll be constantly dealing with pay raise requests. Declining or ignoring them isn't always the best option as it may lead to high turnover rates and disengagement in the workplace. Less than 19 percent of American employees are satisfied with their wages and more than half would change jobs to get a raise.

Low wages and unequal pay are common employee relations issues. Even if you offer fair wages, your employees will still ask for a raise. Take your time to think about it rather than saying no right away. Consider your employee's performance and results as well as the average industry rates and the competition you're facing.

Many organizations have a performance-monitoring system in place. This allows them to regularly assess employees' performance and reward their accomplishments. If you're on a tight budget, consider offering other perks, such as a promotion or more flexible working hours.

Understand and Manage Workplace Conflicts

Poor communication, unfair treatment, misunderstandings and cultural differences may cause tension in the workplace. Over time, these issues can escalate and cause conflicts, affecting employee motivation and productivity. As a business owner, it's important to acknowledge that your employees have different personalities and needs. No matter how hard you try, you can't please everyone.

Let's say you decide to purchase new computers for the IT department. You see it as a smart investment – after all, modern technology can streamline work processes, increase business security and free up employees' time. However, other departments within the organization may not agree with your decision. They may suggest that you should invest in new software, buy ergonomic desks or increase their wages.

This kind of situation can lead to conflicts. Some employees will be happy with your decision, while others will see it as a waste of money. Stay calm and listen to both sides. Encourage feedback, address your employees' concerns and explain how this investment will improve their work and benefit the organization in the long run.

Have Clear Policies in Place

Employee relations issues are inevitable. The best thing you can do as a business owner or manager is to have clear policies in place. These may include a Code of Conduct, leave policies, bullying and discrimination policies, drug and alcohol policies, privacy policies, email policies and more.

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Make it clear to your employees how performance reviews are conducted, what is considered unacceptable behavior and what constitutes harassment or bullying. Also, establish standard procedures for giving out bonuses and pay raises. Keep an open line of communication and be open to feedback. Treat everyone equally and let your employees know that you value their hard work.

6 Tips For Handling Employee Complaints You Can Deal With Employee Complaints Even When They're Subjective • • • BY SUZANNE LUCAS Updated September 06, 2019

As a human resources professional, you may sometimes wonder how to respond to employee complaints, especially if you get one or two every day. Depending on the gravity of the situation, you may be able to address the complaint then and there, or you may find it necessary to get others involved.

Examples of Common Complaints

Employee complaints run the spectrum between serious allegations that require official action and perceived wrongs with little or no substance. They often stem from employee perceptions and are relatively easy to resolve.

"My manager is mean to me. He yells at me in front of other coworkers and tells me to do my job."

"My boss is always looking over my shoulder. I don't like it. She times my breaks and stands behind me watching what I do."

"At our last department meeting, they told us to follow the chain of command instead of going to HR to complain.”

The thing about employee complaints like this is that they're subjective. For instance, take the example “My manager is mean to me. He yells at me in front of other coworkers and tells me to do my job.”

• Is the supervisor actually mean? Some supervisors are, of course. Others are not mean; they're just dealing with problem employees

• Is the supervisor yelling or just speaking? People have very different perceptions of yelling. Some people take any form of criticism as yelling. But sometimes supervisors do yell, and it's not appropriate behavior

• What about telling the employee to do her job? Is she slacking off? Maybe she was told to “do your job” because she was playing on her phone. It could have been a response to the employee's complaint about a safety violation

It's critical that you don't become too hardened to employee complaints, because your most important job is to help the business. If you ignore a complaint that a manager is yelling and it turns out that the manager truly is yelling, turnover may increase or customers might overhear and that's damaging to the business.

Be careful about telling people that they always have to go through the chain of command before complaining. For example, a sexually harassed female may not feel comfortable going to her male supervisor's boss to complain about the harassment. In this case, the policy of always following the chain may result in continued harassment and legal liability for the company.

There are many approaches to handling employee complaints, but six general strategies form the basis for investigating possibly subjective complaints.

Get To Know Your Management Team.

You need to know that Jane is prone to yell, Steve is the nicest guy ever but allows his staff to walk all over him, and Karen doesn't have a clue what goes on with her staff.

You can't get this information just by talking one-on-one with the management staff. You need to pop in and out. This isn't because you're managing these people—you're not. It's because you need to know what's actually happening.

Find Out What's Really Going On

When an employee says, “My manager is always watching me,” figure out what that means. Ask, “What do you mean when you say that your manager is always watching you?” and “Why is this a problem for you?” You may find out that the employee is just whining.

Then again, you may find out that the supervisor is hovering inappropriately over a particular employee or that the employee hasn't been properly trained. You won't know until you ask.

Are They Venting or in Need?

Sometimes people just want to vent. They want to say, “I'm frustrated. I'm in a dead-end job, my supervisor is annoying, and I'm tired of working 10-hour days for low pay.”

But sometimes they really want help with a problem. It's important to differentiate between the two situations—but critical if you want to effectively respond to employee complaints.

Keep Your Door Open

It's a great policy to encourage employees to solve most of their problems themselves. An HR manager is not a therapist or a parent. But if you turn people away, you'll miss valuable or even critical information. An open-door policy is always recommended.

Notify the Supervisor or Manager

You may not need to notify an employee's manager. If you do, you should let the employee know that you are going to. If you don't, they will feel betrayed.

Sometimes the employee may ask that you not tell a supervisor. In this case, you'll have to decide whether it's necessary.

For instance, if the employee complaint is, “My supervisor always tells me how to do my job!” you can ask, “Are you always doing what you're supposed to be doing?” If the answer is, “No, but neither is Eric,” you can simply advise her to try doing her job all the

time and ignoring her coworkers. In this case, discussion with management is not needed, unless there is a need to notify the supervisor that there is a problem with people not doing their jobs.

On the other hand, if the complaint is about racial discrimination, you must clearly communicate that you have to investigate and that certain people will have to know. The manager will have to be told that there is a discrimination complaint. If the manager is the one discriminating, they will have to notified as well via the proper methods.

Minor Incidents Can Be Major For Employees

When you're dealing with entry-level people, you have to understand that the issues you take for granted, they can't. For example, an exempt, professional-level employee taking an extra 15 minutes at lunch is probably not a big deal (an exempt employee receives no overtime).

But a brand-new waitress in the middle of her three-month probationary period could find herself unemployed for doing the same thing. You know your boss isn't likely to fire you for a minor infraction, yet someone who's new to the workforce can't always make an accurate assessment of just how serious a situation is.

The job of HR is more of an art than a science. You can't always do the perfect thing every time because you're dealing with imperfect employees. Listening and taking the time to learn about your employees are the keys to your success.

How to Write Employee Performance Letters of Reprimand Use These Sample Letters of Reprimand to Develop Your Own Letters BY SUSAN M. HEATHFIELD Updated January 30, 2021

Letters of reprimand are letters written by the manager to provide an official statement of a performance problem that an employee must improve. Letters of reprimand are often a step in the formal disciplinary action process that can result in additional disciplinary action for the employee up to and including employment termination if the employee fails to improve.

Letters of reprimand are a significant component in the documentation of an employee performance problem for the employee and the employer. Written letters of reprimand clearly and specifically state the performance that must improve and the consequences if the performance does not improve.

These formal business letters generally follow after any attempts at verbal coaching by a supervisor. However, they frequently come before a verbal correction to the employee—called a verbal warning or formal verbal warning. All steps should focus on the performance issue or related performance problems.

Components of Letters of Reprimand

Effective letters of reprimand have several components in common. They should have a clear statement of the problem or the performance issue that the employee must improve. The letter might enumerate several examples of ways in which the employee can change their performance to comply with performance expectations. Giving

examples provides the employee with a shared picture—shared meaning—around the manager's and company's expectations.

If relevant, include a timeline within which the employee's performance must improve. This reference can be in the form of a due date or end date at which time, the manager will re-evaluate the employee's performance.

Explain how the non-performance impacts not only the employees but the workplace and the organization's success. The reprimand letter should also provide a clear statement about the consequences an employee can expect if their performance fails to improve as described in the letter of reprimand.

The Importance of Signatures

The signature of the supervisor or the manager of the employee is important when it comes to reprimands. The letter generally contains a statement that the employee's signature represents that they have received the letter. It does not necessarily indicate that they agree with its contents. You must be specific in the wording so that the employee understands they are acknowledging receipt of the letter, not wrongdoing.

Give an Opportunity for Employee Response

You should give the employee a chance to respond to the issues raised in the letter of reprimand. The objection should be in writing, dated, and signed by the employee. The employee may agree, disagree, express contrition, and so forth. Rebuttals written by the employee are attached to the original letters of reprimand.

Sample Letter of Reprimand

This is an example of a letter of reprimand. Download the letter of reprimand template (compatible with Google Docs and Word Online) or see below for more examples.

Sample Letter of Reprimand #1 (Text Version)

To: Jeffery Jones

From: George Peterson

Date: September 1, 2018

Re: Letter of Reprimand

This is a formal letter of reprimand to notify you that your performance is not meeting expected levels of contribution. In your job as a technical expert for customer support, the job expectations were developed by the entire group of technical support experts and their manager. This means that they are the accepted standard for each technical support expert's performance.

You are failing to perform in the following ways.

• The number of customers that you serve in a week is 30% below the standard that the rest of the tech support experts are meeting.

• The degree of difficulty of the problems you choose to respond to is 40% below the standard that the rest of the staff are achieving.

• The length of time that customers spend on the phone with you exceeds the rest of the staff by 25%.

As you can see, in the three most important performance measurements for your job, you are not succeeding. Your supervisor has spoken with you numerous times and you received additional training. Consequently, we believe that you are not willing to perform. This is adversely affecting the workload of the rest of the tech staff.

We need to see an immediate improvement in all three areas of performance or additional disciplinary action up to and including employment termination will occur. We have faith that you can improve. We need to see immediate improvement.

George Peterson, Supervisor

Marian Demark, Human Resources Manager

Sample Letter of Reprimand #2 (Text Version)

To: Linda Rodriguez

From: Mary Wilmont

Date: September 1, 2018

Re: Letter of Reprimand

The purpose of this letter of reprimand is to put you on notice formally that your attendance is adversely affecting your ability to complete your job. While salaried, exempt employees are not required to work specific hours, a forty-hour workweek is standard and expected.

You have failed to show up for work at least one day a week since starting your new job and are working only thirty-two hours a week. Your manager has informed you of the availability of FMLA time off for personal or family medical issues. He has also asked you if you need accommodation so that you can effectively perform your job.

He has suggested that you visit the Human Resources department to discuss these issues and your attendance. You have refused all three opportunities that we offered to help you improve this poor performance.

The reality is that you cannot perform your job in less than forty hours. You are missing deadlines for your work assignments and your lateness is adversely affecting the work of your marketing department coworkers. They are missing their deadlines as a result of your failure to perform.

Additionally, your unfinished work when assigned to your coworkers is putting their workloads into overload since they already have jobs that require forty hours of work a week. This is unfair and we will not tolerate these negative impacts on the workplace starting now.

We need to see an immediate improvement in your attendance or we will terminate your employment. This means that you must attend work five days a week. If you fail to attend work five days a week, you cannot meet the goals for which you have been employed.

Our standard paid time off policies give you six paid sick days and two personal leave days that you must use over a year. You must apply for vacation days in advance.

You have already used four of your sick days and all of your personal days with your current absences. We do not plan to give more time to you. This leaves you with only two sick days and your paid vacation time that you must request in advance.

If you have an absence above your available paid time off, we will terminate your employment. We hope that you understand how close you are to losing your job. You will receive no more warnings.

Regards,

Mary Wilmont, Manager

Thomas Credence, Human Resources Director

Employee Acknowledgment of Receipt

It is important to create a paper trail of employee reprimand actions. This process allows for the creation of proof that the employee received adequate notice of problems and steps—such as counseling—were taken to remedy the situation.

A simple acknowledgment of receipt for guidance clarifies that the employee received a reprimand.

Documentation in Human Resources Documentation Will Serve You Well, Legally and Ethically BY SUSAN M. HEATHFIELD Updated July 31, 2020

Documentation is the written and retained record of employment events. These records are made up of government and legally mandated elements, documents required by company policy and practice, documents suggested by best human resources practices, and formal and informal record keeping about employment events.

Documentation About an Employment Record

An employee's record of documentation is a written account of his or her actions, discussions, performance coaching incidents, witnessed policy violations, disciplinary actions, positive contributions, reward and recognition, investigations, failure to accomplish requirements and goals, performance evaluation, and more.

Think of employment documentation as your history of an employee's relationship with your organization—for good and for ill.

Maintaining these records allows the employer and employee to preserve a written history of the happenings and discussions that occurred around any specific event. Documentation of the employment relationship provides a written record that may be necessary to support such actions as employee promotion, employee pay raises, and disciplinary action—including employment termination.

Documentation about employees, when necessary, is generally both positive and negative. It is factual, not judgmental. It describes events as they occur, not based on the beholder's opinions and thoughts about the event. The documentation also describes the actions that were taken in notable instances such as providing formal employee recognition or taking disciplinary action.

Remember, you need to create documentation as close to when the incident occurs as possible so that records are timely, detailed, and accurate.

In a legal proceeding, documentation about an employee's past performance is often critical to the outcome the employer experiences from the event. Putting forth a fair picture of the employee's performance without focusing purely on the negative happenings is the goal.

Types of Documentation

Policies, procedures, the employee handbook, and performance development plans are also forms of documentation that record expected employee behavior and workplace requirements to maintain an orderly, fair workplace in which employees know what is expected from them.

Records are also the written statements of the accused, the accuser, and witnesses to hostile workplace events that involve employee misconduct such as sexual harassment or another serious transgression.

This documentation also includes permanent records such as the signed employment application, written employment references, application materials such as resumes and cover letters, and background checks. Kept aside from the employee personnel file, other paperwork such as the I-9 form (that verifies the employee's eligibility to work in the U.S.) is also maintained, as are medical records, FMLA records, and so forth.

Documentation may also be informal as in a manager's record of his or her discussions with an employee over the course of a year. It is important that managers maintain this documentation on all of their reporting staff members. No employee should be singled out because of performance for documenting. This treating of one employee differently than the others could be construed as discrimination at a later date.

Documentation may be formal and retained in the employee's personnel file. Employees are expected to sign this documentation to acknowledge they have received a copy,

and have reviewed the contents in their entirety. The employee's signature does not signify agreement with the statements in the documentation.

Use of Documentation

Documentation of critical incidents, whether positive or negative, is also recommended so that managers have a record of employee performance spanning a period of time.

Organizations can use the documentation they keep in other ways. These may include procedures, work instructions, and computer software instructions to name a few, but for purposes of the human resources function, these are the common uses of documentation. The next section outlines instructions about how to document appropriately.

Performance Documentation Samples

Documentation about an employee’s performance will allow you to discipline, terminate, or fairly promote, reward, and recognize employees. Without documentation, making a case for any of these actions is difficult, and potentially risky for the employer.

The employer must avoid any potential accusations about the discriminatory treatment of employees. All legalities aside, good employers want to create a work environment that is fair, consistent, and supportive of employee goals and career plans.

This environment is supported by the manager's professional documentation of employee performance—both laudatory behavior and actions in need of correction or improvement. How to document these was discussed earlier in detail. The following situations give you more examples of appropriate documentation.

Documenting Lateness and Absenteeism

Wrong:

Mark is usually late for work. Mark misses too much work.

Right:

April 1: Mark called in sick and missed eight hours of work.

April 4: Mark arrived at work at 10 a.m., two hours late from his scheduled start time.

April 6: Mark scheduled a doctor's appointment and then, stayed home to have a new furnace installed.

April 12: Mark called in sick and missed eight hours of work.

Documenting Performance

Wrong:

Mary is unreliable. She hardly ever does what she committed to do.

Right:

May 2: Mary promised the first draft of the product proposal would be available for review at today’s weekly meeting. Mary did not produce a draft document as expected. Said she had been too busy and the people whose help she needed hadn’t gotten back with her.

The manager responded: What help had you needed? Information? Who has not gotten back to you and what did you need from them?

Carl and Michael needed to update Mary about their progress.

What is making you so busy that you didn’t have time to follow through on your commitment? Makes too many commitments with limited hours to fulfill them.

What can I do to help you?

When will you make the draft document available for review?

In Conclusion

These samples provide an overview of what effective documentation looks like versus documentation that is written incorrectly. Follow this advice to effectively and legally document policies, performance, and events in your workplace.

Please note that the information provided, while authoritative, is not guaranteed for

accuracy and legality. The site is read by a world-wide audience and employment

laws and regulations vary from state to state and country to country. Please seek legal

assistance, or assistance from State, Federal, or International governmental resources,

to make certain your legal interpretation and decisions are correct for your location. This

information is for guidance, ideas, and assistance.

How to Use Empathy to Improve Your Workplace 4 Ways to Build Your Empathetic Skills to Benefit Your Workplace BY SUZANNE LUCAS Updated November 02, 2020

What is empathy? Simply put, it’s the ability to understand the feelings and emotions of other people. Empathy in the workplace is just an application of general empathy. Some people are naturally good at this and can’t imagine any other way to be than empathetic.

Other employees aren’t as keyed into the feelings of other people. It’s not a morality issue, so don’t worry if you don’t naturally perceive the emotions of those around you. But empathy is also taught, as evidenced by the fact that college students today are 40% less empathetic than college students 30 years ago. So, obviously, something has changed in society.1

Empathy in the Workplace

A 2020 State of Workplace Empathy Study by Businessolver found that the state of empathy being displayed in the workplace has stalled—and this was prior to the Coronavirus pandemic. The study found that leaders were not doing enough to display empathy. It found that "68% of employees say their organization is empathetic; 48% say organizations overall are empathetic"—both figures represent the lowest rates of the past four years. On the other hand, 76% thought that an empathetic organization inspires more employee motivation.

Finally, 82% of CEOs agreed that an empathetic workplace has a positive impact on business performance, motivating workers, and increasing productivity.2

Thus, using empathy in the workplace can make life better for everyone. First, here are four ways to develop empathy in yourself.

4 Ways to Build Empathy in Yourself to Improve Your Workplace

Psychologist Marcia Reynolds provides four ways to build empathy:

1. Be quiet, inside and out. 2. Fully watch as well as listen. 3. Ask yourself what you are feeling. 4. Test your instinct.3

You can also apply these four ways in your workplace. Here’s how to apply each one in your workplace.

Be Quiet, Inside and Out

If your brain is constantly going, going, going, it’s hard to stop and see and feel what is going on around you in the workplace. Often, when things get busy, and you get stressed, you can forget your own feelings, let alone the feelings of others. Most people will agree with the old adage that “no one says on their death bed that they wished they’d spent more time at work.”

But, agreeing with the adage doesn’t stop people from working way too many hours. Why is that? Because being busy and having a “loud” brain can drown out your true feelings—that your families and friends and life outside of work are more important than your job.

So every day, stop and breathe, or take a walk at lunch, just to clear your head. A bit of quiet helps you figure out what you are really thinking and feeling. (See step three.)

Fully Watch as Well as Listen

Listening isn’t just hearing words but seeking to understand. Watching is also critical to building your ability to empathize with other people. Body language can often tell you more about what people think and feel than their words can.

To build empathy in the workplace, you need to see your coworkers, bosses, and direct reports to help you understand their feelings. When you all work in the same place, that is easy. You can tell that Jane is going through a rough time because she’s walking around hunched over and keeping to herself, whereas she normally walks straight and says hi to everyone she passes. You can tell that Steve is on cloud nine because he’s practically skipping down the hall.

But how do you build empathy in the workplace if you’re all working from home, or your team is spread out across several sites? This often happens in Human Resources. You may have one HR person per physical location, but you are each other’s coworkers and support system. You not only need empathy towards the people at your site but towards your fellow HR people.

Using video conferencing instead of just teleconferencing can help you watch and listen to your colleagues. Some people resist the idea of video conferencing because they don’t feel comfortable on camera. That’s understandable, but that discomfort can help everyone understand each other better.

Your tone of voice is also critical and speaking with one another instead of communicating almost exclusively by email, text, Slack, or other messaging services can help you build empathy. This is because you understand what your coworker thinks and feels. Or at least you understand their feelings a bit better.

Ask Yourself What You Are Feeling

Wait, wasn’t this about building empathy towards others? Yes, but you need to understand your feelings if you want to understand the feelings of others. Dr. Reynolds recommends using an emotional inventory several times a day to analyze how you are feeling.4

When you stop and think, “How am I feeling right after I got a new, huge assignment?” and the answer is, “excited and overwhelmed,” then you can apply that to others around you. “Jane just got the new project that will take up every waking moment for the next six months. She must be feeling overwhelmed with all the work, and she might be feeling excited if she thinks this will help her towards a promotion.”

When you know that you’ll feel overwhelmed by a new challenge; you can make a good guess that another person is feeling overwhelmed at the same thing. If you have a hard time evaluating your own feelings, using this emotional inventory can help increase your skill in this area. As you become more adept at understanding your own feelings, you’ll get better at understanding the feelings of the people around you.

Not everyone experiences the same feelings at the same issues as you do, though, so act carefully, which leads to step four.

Test Your Instinct to Become Empathetic

There’s a reason this is step four and not step one. You don’t want to just walk up to people and say, “Hey, I bet you’re angry at your low raise.” That remark will not go over well.

You need to take care by testing your instinct—but do start. Think back to the earlier example of Jane receiving a new, labor-intensive project. You’ve examined your feelings after getting a similar assignment, and you felt overwhelmed and excited about it. You want to test if Jane is feeling the same way. Consider the following:

• Why do you need to know how he or she is feeling? If it’s just nosiness, forget it. But, if you work near Jane or have insights into her project or are already good friends with her, checking with her will help you support her.

• What will you do with this knowledge? If it’s just a fist pump of “hey, I am totally nailing this empathy thing,” it’s silly. But if you want to do the right thing by Jane, knowing is important. If you’re wrong, finding out early can help you support her.

After all, you may see this project as a stepping stone, but Jane may see it as a burden that is keeping her from accomplishing her real goals.

With these two things in mind, you can approach Jane, “Wow, Jane, I just heard you got the new Acme project. That’s huge. I would feel overwhelmed by that but also excited about the growth opportunities. How are you feeling?”

Note that you are not saying, “Wow. You must be simultaneously excited and overwhelmed!” You are telling her your feelings and waiting for her to tell you hers. She may or may not feel like sharing. She may or may not know exactly how she is feeling.

Regardless of her answer, you are there to support your coworker. If she responds that she is excited and overwhelmed, congratulate her on her next step up the career ladder. Offer her any help that you can give. If she says, “Nah, I did a project almost exactly like this at my last job. This will be a piece of cake,” then say, “Wow, awesome. No wonder they gave it to you. You’ll be able to do it with your eyes closed.”

If she bursts into tears and says this is the wrong direction for her career. It will take too much time away from her family. If she actually sees it as a punishment for her bad sales figures last quarter, you have to exhibit empathy and stick around to talk with her. You can’t push people to open up about their feelings and run when they do. That behavior makes for a less pleasant, empathetic workplace.

The Bottom Line

Overall, when you use empathy in the workplace, you can understand your coworkers better. This means that you can function more as a team. And that’s great for any business.

--------------------------------------------

Suzanne Lucas is a freelance journalist specializing in Human Resources. Suzanne's work has been featured on notes publications including "Forbes," "CBS," "Business Insider," and "Yahoo."

ARTICLE SOURCES 1. The University of Michigan Institute for Social Research. "Empathy: College students

don’t have as much as they used to." Accessed October 29, 2020.

2. businessolver. "2020 State of Workplace Empathy." Accessed October 29, 2020.

3. Psychology Today. "Give Your Empathy a Boost." Accessed October 29, 2020.

4. Covisioning. "An Inventory of Emotional States." Accessed October 29, 2020.

How to Build Trust at Work Managers Need to Act in 10 Ways That Engender Trust BY SUSAN M. HEATHFIELD Updated June 22, 2020

Overall Thoughts About Trust at Work

You can't always control the level of trust in your organization as a whole, but you can act in ways that promote trust in your immediate work environment. This environment may include your department, your work team or unit, or your coworkers in cubicle land.

Building trust in a smaller unit where you have some control helps to propagate trust in the larger organization. Managers who trust each other's coworkers tend to extend their trust to the larger organization as well. This, in turn, evokes trust in others.

Destroying then rebuilding trust allows you to look at what doesn't work to create a trusting work environment, but don't go there. Instead, start building trust from the beginning of your relationship with each new employee. Make sure that your culture as they learn to integrate into your organization during onboarding gives them an early sense that yours is a workplace they can trust.

10 Ways to Build Trust at Work

Use these tips to help you build an environment that fosters trust at work and among your employees.

Hire proper managers.

Hire and promote people to management positions if they're capable of forming positive, trusting interpersonal relationships with those who report to them. The manager's relationship with reporting employees is the fundamental building block of trust.

Build employee skills.

Develop the skills of all employees—especially those of current supervisors, managers, and people desiring promotion—in effective interpersonal relationship building.

Keep staff members informed.

Provide as much information as you can comfortably divulge as soon as possible in any situation. Even telling employees that you don't know or that you will find out if more information is available will add to an environment of trust.

Act with integrity and keep commitments.

If you can't act with integrity to keep a commitment, explain what's happening in the situation without delay. Observed behavior or actions are perceived by employees as the basis for predicting future behavior. Supervisors or managers who act as if they're worthy of trust tend to inspire more cooperation with fewer complaints.

Confront hard issues in a timely fashion.

If an employee is frequently absent or spends work time wandering around, it's important to confront him or her about these issues. Other employees will be watching and learning to trust you more. If you let the matter fester without addressing it, employees will lose respect for you—respect is foundational in trust.

Protect the interests of all employees.

Don't talk about absent employees or allow others to place blame, call names, or point fingers. Employees learn to trust when they know that their manager does not allow an environment in which other employees can gossip about them.

Adopt an open-door policy.

Every manager's door is open to every employee when such a policy is in place. It helps to courage open communication, feedback, and discussion about any matter of importance to an employee.

Display competence in supervisory and other work tasks.

Know what you're talking about, and if you don’t know, admit it. Nothing builds trust more effectively than managers owning up to not knowing something and pledging to find out so that everyone is informed. The worst reaction occurs when a manager pretends to know and offers faulty information. Employees can forgive a lack of knowledge but may never forgive a lie.

Listen with respect and full attention.

Exhibit empathy and sensitivity to the needs of staff members. Trust grows out of the belief that you can understand and relate. This trust is encouraged by powerfully positive listening behaviors.

Take thoughtful risks to improve services and products for the customer.

When you take risks, you show employees that they may do the same—especially if there are no consequences when a thoughtfully considered risk goes awry. When risk- taking isn't penalized, trust is cemented.

To Build Trust, You Need to Keep Your Expectations High

If you're a manager, supervisor or team member, act as if you believe staff members are capable of living up to your high standards. This support encourages your employees' best efforts and builds their trust.

If you're a human resources professional or line manager, you have the special role of coaching managers and supervisors in how to build trust at work. You affect the balance of power within the organization by developing and publishing supportive, protective

policies. You're also influential in establishing appropriate social norms among people who are doing different jobs in your organization.

Fully commit to team-building activities when the larger organization is invested in creating a trusting, empowering work environment. Engaging in these activities outside the context of a team-focused culture may be counterproductive, eroding trust, and negatively impacting everything you want to accomplish with your employees.

The Basis of Trust

As a corporate psychologist and author Marsha Sinetar wrote, “Trust is not a matter of technique, but of character; we are trusted because of our way of being, not because of our polished exteriors or our expertly crafted communications.”

You build and maintain trusting relationships and a culture of trust in your workplace one step at a time through every action you take and every interaction you have with your coworkers and employees. Trust may be fragile, but it has the capacity to grow strong over time.

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By Mika Cross

Tuesday, January 30, 2018

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A New Year’s Approach to Performance and Conduct in the Workplace

The start of a New Year is a perfect opportunity for supervisors and managers to take the lead in setting the tone for the kinds of behavior and performance they expect from their teams moving forward. I call this approach a “visioning” session—it exists to remind my team what our focus is, what priorities we will set for the coming year, and how I expect us to operate. With increased attention on effectively managing performance and conduct issues in the federal workplace, there is no time like the present to start reinforcing the kinds of team norms and office protocols necessary to ensure we are all focused on the right things to get our work done.

Why Conduct Matters

There is significant cost to tolerating misconduct in the workplace, and leaders are accountable to ensure we enforce the kind of work culture that encourages and rewards good performance and behavior, but also quickly resolves poor performance and behavior. To do this effectively, supervisors and managers need tools and skills to help them along the way. This includes the ability to have very candid and direct conversations about acceptable and unacceptable behavior and performance. These difficult conversations need to be had sooner rather than later when an issue arises, and often supervisors are left on their own to address these kinds of issues at the start.

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It’s important to remember that our top performers are watching. If we take too long to address performance and conduct issues among our team, many of our productive employees will find solace in another job, outside of our organization, in hopes they won’t encounter the same kind of issues. 

Fundamental Objectives

At the very basis of any disciplinary or performance-based action, the goal is to make a change. The ultimate objective in addressing any unsatisfactory issue in the workplace is to let the employee know right away what the concerns are and that they need to be fixed. Aside from the burdensome paperwork trail of documentation, which is important and critical should the first steps not make a difference, the very first conversation about the issue matters the most. The goal is that the employee brings their work or conduct back to a successful level. No matter what step in the progressive discipline process you require to reach that goal, it is deemed a success if the issue has changed and the employee is performing successfully once again. 

Tools and Resources

Some federal agencies have mediation services available for either the employee or supervisor, to deal with uncomfortable workplace issues in a more informal setting. Mediation can end up saving significant money, time, and resources when used early on to help address and correct performance or conduct issues in the workplace. It often works well because mediators offer impartial third-party perspectives to assist in the dialogue about the situation. Conducting effective conversations that assist both the employee and supervisor in discussing the matter at hand, outside of the traditional formalities of HR processes, can assist in building and repairing relationships, strengthening trust, and enhancing the right kinds of conversation skills needed to address challenges in the workplace. Mediation can offer cost- effective ways to resolve issues quickly and can help avoid costly litigation,

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administrative hearings, or investigations that accompany more formal approaches to conduct- or performance-related issues.

Employee assistance programs (EAPs) also offer management tools for dealing with difficult situations and starting challenging conversations in the workplace. Often the EAP is overlooked until you need it for a critical situation or incident, but I like to consult with HR and the EAP early on about the kinds of team-building resources they offer. Some EAP providers are even able to join staff or team meetings, when appropriate. This helps bring in a team approach to generically addressing issues that can affect all staff, but when led by an outside expert, can often lead to effective results on an individual basis. It also gets your staff more familiar with what the EAP offers them, from a personal perspective—which offers individuals confidential ways for helping with work– life issues that can often interfere with their performance or conduct at work.

What Not to Do

A one-size fits all, corporate approach is not likely most effective approach to workplace issues—especially when addressing poor performance and conduct. Occasionally, when leadership perceives issues arising, they may tend to make a change that affect all employees, rather than addressing the concerns directly with the employees who are perceived to be at fault. This can have a negative effect on all others who have been performing well.

For instance, agency leadership wants to reduce the instances of unexcused or unapproved leave absences from frequently occurring. Rather than dealing with the employees who were perceived to be at fault, they restricted telework and alternate work schedules for all employees. This quickly led many of their top performers to leave the agency to find positions elsewhere with better work–life balance. The ability for the agency to perform its mission was drastically reduced because the policy it implemented to address the perceived issue actually drove its top performers out the door rather than fixing and changing the issues it had with just a few. 

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AdvertisementWhere to Start

It’s important to remember that meaningful recognition and rewards matter most in reinforcing the kinds of performance and conduct we want in the workplace. It matters more than you know—just take a peek at the last 10 years of data trends from the Federal Employee Viewpoint Survey (FEVS).Meaningful, though, has different meanings to different people.

I like to start with asking my team what kinds of rewards matter most to them. Is it public recognition? Verbal acknowledgement that they did a good job—with specifics on how and what mattered most? A training or workshop that could help them enhance their skills or knowledge even further? Or is there something else that might mean more to them for recognizing a job well done? These things go a long way for the team in helping to reinforce the kinds of values, behavior, and performance that matter most.

When issues arise that need to be addressed, it’s equally important to do so in a quick, direct, and timely matter. It’s imperative that supervisors and managers master the skills necessary when dealing with performance and conduct issues in the workplace. To start, refresh yourself on the right kinds of documentation your agency requires for pursuing formal disciplinary or performance-related HR actions—should the informal actions you begin with not work, learn how to apply the Douglas Factors and due process and understand how best to make use of an employee’s probationary period. These tactics, in addition to learning the kinds of communication, team-building, and relationship-building skills necessary to foster a high-performing team, are the ingredients for enhanced success in focusing on the mission, delivering services to the American people, and focusing on the talent who do so and are dedicated to contributing to a productive, positive work environment each and every day. 

COLLABORATION COLLABORATION AND LEADERSHIP CRITICAL THINKING EMOTIONAL INTELLIGENCE

EMOTIONAL INTELLIGENCE AND DECISION-MAKING ENGAGEMENT ESTABLISHING CULTURE LEADERSHIP

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ABOUT THE AUTHOR

Mika Cross

Mika Cross is an award-winning workplace expert with two decades as a career civil servant. 

LISTENING & ASSESSING MANAGEMENT DEVELOPMENT MOTIVATION

Is Favoritism in the Workplace Illegal? How to Prevent and Combat Favoritism in Your Workplace BY SUZANNE LUCAS Updated May 19, 2020

Have you experienced favoritism in your workplace? If you’ve ever worked with a manager who treated your coworker like gold while you were stuck with all of the grunt work and none of the praise, you’ve probably wondered if displaying favoritism in the workplace is illegal.

What Is Favoritism?

Favoritism in the workplace is when a person (usually a manager) demonstrates preferential treatment to one person over all of the other employees for reasons unrelated to performance. If Sue sells 50% more product than Jane, it’s not favoritism if Sue gets the promotion, praise, and special privileges. She has clearly outperformed her colleague—so that is not an example of favoritism.

She’s earned it through her high performance. But if Sue and Jane are equal performers or Jane does a better job, and Sue still gets the promotion, praise, and privileges, then that is an example of favoritism.

Is Favoritism Illegal?

The answer to this question is “it depends.” In the example above where Sue and Jane perform on an equal level, but Sue gets all of the perks, favoritism is legal but misguided on the part of their manager.

If the reason a manager favors one employee over the others is based on personality, social connections (is the favored employee the CEO’s niece?), or even that the favored employee knows how to suck up to the boss, then favoritism is legal.

Favoritism becomes illegal if the reason behind the preferential treatment isn’t just preference, but a protected characteristic, like race, gender, or age. If the manager treats 24-year-old Sue better than 60-year-old Jane, and no performance difference exists, the treatment and favoritism could be age-related.

Perhaps the manager doesn't want to invest in an employee he or she thinks won't learn new things. That's illegal discrimination. If the manager prefers people of her own race and therefore rewards people who share her ethnic heritage over those that don’t, that’s illegal.

Sometimes it is difficult to determine whether favoritism is legal or illegal. If Jane and Sue are different races, and Sue shares the same race with the boss, is it illegal discrimination, or is it based on personality alone? If the boss shows no signs of illegal discrimination otherwise, you probably have to chalk it up to legal favoritism.

What Happens in a Department With Favoritism?

Nothing good happens when a manager shows favoritism towards an employee. The non-favored employees begin to feel that their accomplishments are not recognized. They get discouraged at the lack of correlation between hard work and success.

Gradually, people start to disengage from their work. They know that the favored employee will continue to be rewarded regardless of what they do, so why should they try? Sometimes, employees will try to sabotage the favorite, which can reinforce the manager’s position that this person is special—otherwise, why would everyone else be jealous?

But it isn’t always sunshine and roses for the favored employee either. While some favored employees obviously relish their privileged spot, others begin to feel uncomfortable. They know that they aren’t the best, yet they receive praise from the manager. Other employees stop liking the favored one, which makes it difficult to make friends at work and to work as a part of a work team.

You can end up with an increase in turnover and a low work ethic within the department when favoritism is demonstrated by the manager.

How Do You Combat Favoritism?

Dealing with favoritism is definitely a role for the Human Resources department or senior management. The first step is making the manager aware that he or she is demonstrating favoritism. It may seem strange, but some managers have no idea that they favor one employee over another.

In cases where the boss and the employee are good friends or have personalities that click, the boss may not see his or her favoritism as unreasonable. Sometimes, just bringing it to the manager’s attention can solve the problem.

Once aware, the manager can work to treat employees more fairly. When favoritism is explained to a manager in terms that describe the behaviors and the impact they are having on the rest of the employees, the majority of managers will clean up their act.

If that doesn’t work, help the manager implement metrics for measuring employee performance, rather than trusting their gut feelings about employee performance. Then work with the manager to go over those metrics on a regular basis.

If that doesn’t stop the problem, you may have to move either the manager or the favorite to a different group, or in a really bad situation, terminate the manager.

How Do You Prevent Favoritism?

Even great managers can fall prey to favoritism because humans just naturally like some people more than others. So put the following measures in place to help stop favoritism in your workplace.

• Discourage friendships between levels. Just like your policy against dating people in your direct reporting line, you should prohibit managers from engaging in outside activities with their direct reports. You need managers, not friends.

• Establish a metric based performance appraisal system. It’s easier to see who the top performer is if you know what you’re looking at in terms of excellent performance.

• Encourage occasional skip-level meetings so that your employees have the opportunity to meet with the boss's boss. You are more likely to hear about favoritism occurring when communicating as the manager's boss.

• Call it out when you see favoritism occurring. If you notice that Heidi often eats lunch with her direct report, Jane, talk to her about it. Make sure that she’s eating lunch one on one with her other direct reports as well or have her stop the practice before it grows.

The Bottom Line

Favoritism may not be illegal, except under certain circumstances, but it is certainly detrimental to a productive and happy work environment.

Suzanne Lucas is a freelance writer who spent 10 years in corporate human resources,

where she hired, fired, managed the numbers, and double-checked with the lawyers.

Want to Know What Goes Into an Employee Handbook Table of Contents? Your Employee Handbook Helps Employees Know What Is Important at Work BY SUSAN M. HEATHFIELD Updated April 06, 2020

What Contents Are Recommended for an Employee Handbook?

Here are the policies, procedures, benefits, expectations of the employment relationship, professional behavioral expectations, and more that are often found in an employee handbook. This sample table of contents also covers pay, performance expectations, and legal issues.

Please use these samples as guides for developing the policies and content of your own employee handbook. This table of contents and the linked policies, articles, and other material may not be reprinted online or used for publication without written permission from the author.

When additional resources are available on the site about a particular employee handbook item, click the links to find additional articles, policies, checklists, and forms here for central interest.

Overview and Employment Relationship

• Introduction and Purpose of the Handbook • Welcome Message From the President/CEO • Company History • Company Vision

• Company Mission • Company Values • Company Overall Goals • Company Commitment to Employees • Code of Conduct and Business Ethics • Non-solicitation Policy • Employee and Employer Confidentiality Agreement • Non-compete Agreement • Employee Handbook Disclaimer • Employment Relationship: At-Will Employment • Employee Signoff Signifying Receipt of the Handbook, the At-Will Statement,

and Employee Acknowledgement That He or She Understands and Will Abide by the Contents

General Employment Information

• Equal Employment Opportunity Policy (article) • Accommodation for People With Disabilities (article) • Employment Eligibility • Internal Employee Application Process • Promotions • Employment of Relatives • Rehiring Policy • Open Door Policy • Personnel File Policy • Access to Personnel Records • Harassment and Discrimination • Harassment and Discrimination Reporting Procedure • Harassment Investigation Process • Office Romances: Fraternization Policy

Attendance at Work

• Exempt and Non-exempt Employee Definitions • Working Hours and Overtime • Break and Lunch Periods • Attendance Expectations and Policy • Severe Weather and Emergency Closings • Telecommuting Policy • Termination When Unable to Work Policy

Workplace Professionalism and Company Representation

• Work Dress Code • Smoke-Free Workplace • Drugs and Alcohol: Drug-Free Workplace • Workplace Violence • Weapons at Work • Safety and Security • Parking • Workplace Visitors • Conflicts of Interest • Accepting and Giving Entertainment or Gifts • Travel for Business Policy • Mileage Reimbursement

Payroll Information

• Compensation Schedule • Recording Time Worked

Benefits

• Benefits Eligibility • Health Insurance • Dental Insurance

• Vision Insurance • Group Life Insurance • Disability Insurance • COBRA • Health Care Flexible Spending Account (FSAs) • 401(k) Plan • Bonuses • Workers' Compensation (article) • Unemployment Compensation (article) • Expense Reimbursement • Educational Assistance (article) • Employee Assistance Program (EAP) • Paid Legal Aid • Supplemental Insurance • Stock Options • Employee Discounts • Retirement

Employee Time Off From Work

• Paid Holidays • Paid Time Off (PTO) • Vacation • Sick Leave • Attendance Policy • Family and Medical Leave (FMLA) (article) • Bereavement Leave • Jury Duty • Military Leave (USERRA)

Use of Company Equipment and Electronics

• Telephone Use

• Cellphone Policy • Company Tools, Equipment, and Supplies • Computer and Internet Use Policy • Blogging and Social Media Policy

Monitoring in the Workplace

• Email, Computer, Voicemail, Internet, and Telephone Usage • Video Surveillance and Physical Searches

Performance Expectations and Evaluation

• Performance Development Planning and Feedback Process • Employee Conduct and Performance • Immediate Employment Termination (article) • Progressive Discipline • Conflict Resolution • Complaint Procedure • Employment Termination (article) • Exit Interviews (sample questions) • Return of Company Property

Please note that the information provided, while authoritative, is not guaranteed for

accuracy and legality. The site is read by a world-wide audience and employment

laws and regulations vary from state to state and country to country. Please seek legal

assistance, or assistance from State, Federal, or International governmental resources,

to make certain your legal interpretation and decisions are correct for your location. This

information is for guidance, ideas, and assistance.

2/12/2021 Discrimination by Type | U.S. Equal Employment Opportunity Commission

https://www.eeoc.gov/discrimination-type 1/1

U.S. Equal Employment Opportunity Commission

Discrimination by Type Learn about the various types of discrimination prohibited by the laws enforced by EEOC. We also provide links to the relevant laws, regulations and policy guidance, and also fact sheets, Q&As, best practices, and other information.

Age (https://www.eeoc.gov/node/24903)

Disability (https://www.eeoc.gov/node/24244)

Equal Pay/Compensation (https://www.eeoc.gov/node/24923)

Genetic Information (https://www.eeoc.gov/node/25225)

Harassment (https://www.eeoc.gov/node/25575)

National Origin (https://www.eeoc.gov/node/24924)

Pregnancy (https://www.eeoc.gov/node/24933)

Race/Color (https://www.eeoc.gov/node/24947)

Religion (https://www.eeoc.gov/node/24964)

Retaliation (https://www.eeoc.gov/node/24970)

Sex (https://www.eeoc.gov/node/24948)

Sexual Harassment (https://www.eeoc.gov/node/24965)

2/12/2021 Avoiding Discrimination in Layoffs or Reductions in Force (RIF) | U.S. Equal Employment Opportunity Commission

https://www.eeoc.gov/employers/small-business/avoiding-discrimination-layoffs-or-reductions-force-rif 1/2

U.S. Equal Employment Opportunity Commission

Avoiding Discrimination in Layo�s or Reductions in Force (RIF)

Before implementing a layo� or reduction in force (RIF), review the process to determine if it will result in the disproportionate dismissal of older employees, employees with disabilities or any other group protected by federal employment discrimination laws.

List the employees who would be laid o� or terminated based on your layo�/RIF criteria.

Determine whether certain groups of employees are a�ected more than other groups.

For example, to determine whether female employees may be a�ected more than male employees, compare the percentage of female employees scheduled for layo�/RIF to the percentage of female employees in your workforce.

2/12/2021 Avoiding Discrimination in Layoffs or Reductions in Force (RIF) | U.S. Equal Employment Opportunity Commission

https://www.eeoc.gov/employers/small-business/avoiding-discrimination-layoffs-or-reductions-force-rif 2/2

If certain groups of employees are a�ected more than other groups, determine if you can adjust your layo�/RIF selection criteria to limit the impact on those groups, while still meeting your business's needs.

For example, you decide to lay o� the most recently hired employees due to budget constraints. Female employees account for 30% of your workforce and 85% of the employees scheduled for layo�. Determine whether you can adjust your layo� criteria in a way that allows you to meet your financial goals while also reducing the impact on female employees. For example, you might determine whether alternative layo� criteria, such as employees' profitability, productivity or expertise, would enable you to reach the desired financial outcome and result in the layo� of fewer female employees.

This process can be complicated. You may want to consult a lawyer or contact the EEOC (https://www.eeoc.gov/node/26175) for assistance.

See also:

I need to lay o� employees. (https://www.eeoc.gov/node/26209)

Manager Responsibilities - Waivers of Discrimination Complaints (https://www.eeoc.gov/node/26223)

2/12/2021 6. I need to lay off employees. | U.S. Equal Employment Opportunity Commission

https://www.eeoc.gov/employers/small-business/6-i-need-lay-employees 1/2

U.S. Equal Employment Opportunity Commission

6. I need to lay o� employees.

Ensuring that managers involved in layo� decisions understand their responsibilities may help prevent discrimination.

Ensure that layo�s or reductions in force (RIFs) are based on nondiscriminatory reasons, such as quality or quantity of work, rather than on race (https://www.eeoc.gov/node/24947) , color (https://www.eeoc.gov/node/24947) , religion (https://www.eeoc.gov/node/24964) , sex (https://www.eeoc.gov/node/24948) (including pregnancy (https://www.eeoc.gov/node/24933) , sexual orientation (https://www.eeoc.gov/node/24106) , or gender identity (https://www.eeoc.gov/node/24106) ), national origin (https://www.eeoc.gov/node/24924) , disability (https://www.eeoc.gov/node/24244) , age (https://www.eeoc.gov/node/24903) (40 or older) or genetic information (https://www.eeoc.gov/node/25225) .

For example, a Muslim employee who takes breaks during his shi� to pray may not be selected for layo� based on a belief that his prayer breaks

2/12/2021 6. I need to lay off employees. | U.S. Equal Employment Opportunity Commission

https://www.eeoc.gov/employers/small-business/6-i-need-lay-employees 2/2

reflect a lack of commitment to his job.

Ensure that employees are not selected for layo� or RIF because they reported discrimination, participated in a discrimination investigation or lawsuit, or opposed discrimination (https://www.eeoc.gov/node/24970) (for example, threatened to file a discrimination charge or complaint).

Before implementing the layo� or RIF, review the selection criteria (https://www.eeoc.gov/node/26210) to determine if they will result in the disproportionate dismissal of older employees, employees with disabilities or any other group protected by federal employment discrimination laws.

Revise the layo�/RIF criteria, if needed and if possible, to limit the impact on these groups while still achieving your business's goals.

Ensure that managers involved in applying layo�/RIF selection criteria understand the criteria and apply it accurately and consistently.

If you ask employees who are laid o� or RIFed to formally agree (http://www.eeoc.gov/policy/docs/qanda_severance-agreements.html) not to file a discrimination complaint against your business, make sure you understand your responsibilities (https://www.eeoc.gov/node/26223) .

See also:

Avoiding Discrimination in Layo�s or Reductions in Force (RIF) (https://www.eeoc.gov/node/26210)

Manager Responsibilities - Waivers of Discrimination Complaints (https://www.eeoc.gov/node/26223)

Tips for Compassionate Employee Layoffs Compassionate Layoffs Are Done With Empathy and Care BY SUSAN M. HEATHFIELD Updated January 07, 2020

Interested in How to Do Layoffs With Compassion?

Are you interested in best practice tips for how to do layoffs with compassion, empathy, and class? A reader asked these questions about how to do employee layoffs in such a way that employees felt empathy and professionalism.

Are there any standards for a company facing a work slowdown? Last hired/first to go?

Also any protocol relative to the timing such as Friday versus any other day of the

week? End of pay period? Two weeks' severance? What do you recommend for

company layoffs?

Layoffs are never easy and they always create uncertainty and fear in the workplace. But, you can do layoffs in such a way that you win in the court of public opinion. You can do employee layoffs so that the employees who remain are encouraged by your effective, caring handling of the necessary layoffs.

You also want the employees you are laying off to feel as if they were well-served. An employer of choice is cognizant of the needs of all stakeholders—and does their best to meet them.

Your efforts to avoid layoffs are unsuccessful. Use these six tips to limit the damage that layoffs can potentially cause in your organization.

Provide Information—More Than You Think People Need

First, give your employees information about the business problems and provide some sense that layoffs may be necessary as soon as you think they may be necessary.

This will increase the trust of the remaining employees. An employer of choice may not always be able to avoid layoffs. But, they always regard the feelings and fears of employees with demonstrated respect and early information.

Before you do layoffs, consider all of the other options that an employer has to save money and produce efficiently. Let your employees know that you are exploring options and share your findings. Your employees will appreciate your efforts, even if they are unsuccessful.

You do need to communicate what you are considering and implementing, however, or employees will never know that you thoughtfully pursued other options before settling on layoffs as the appropriate alternative.

You can consider these eight major alternatives before doing layoffs. In the past, for example, companies have asked all employees to take an unpaid day every two weeks, eliminated part-time and temporary staff and reduced every employees' salary by 5%.

Be creative; layoffs may not be your only answer. But, as you consider alternatives, talk to your key employees. You don't want to see a mass exodus of your best people who see better prospects elsewhere when they experience concern that they will be the people laid off.

Speak With an Employment Law Attorney to Learn Fair, Legal Layoff Practices

Speak with a qualified employment law attorney with experience in layoffs. Since most HR practitioners are only infrequently in a position to have to do layoffs, you will want to start the process by speaking to an attorney to make sure that the company's actions are legal, ethical, and compassionate. It is a learning experience for an HR practitioner and consultation with an attorney is recommended for anyone who is dealing with layoffs for the first time.

Keep in mind that multiple state, federal, and international laws cover how an employer does layoffs. To stay legal and ethical, you need to know which applies in your situation

See the Society for Human Resources Management's excellent summary of the applicable laws that apply in a layoff.

With Your Attorney's Assistance, Make a Layoff Plan

Assuming that you have considered all other available options to avoid layoffs and you have concluded that layoffs are your only option to solve your problems, you will want to put in place a layoff plan. The plan must keep you in the ethical, legal, moral, and professional territory. It must take into consideration the needs of the employees you lay off, the needs of the layoff survivors, and the needs of the employer to effectively continue to produce and serve customers.

Your layoff plan should answer these questions.

• What will the considerations be in selecting the employees to lay off? (You need to look at diversity concepts when considering who to lay off.)

• What are your needs as an employer for certain contributions and jobs to be done following the layoff decision?

• Who will be laid off? • When will you schedule the layoffs? • How will you inform all stakeholders of the layoffs? (Stakeholders include your

current and former employees, vendors, customers, and more.) • What severance pay and other benefits will you provide for your laid-off workers? • How will you address the morale issues and fearfulness of your remaining

workforce? • How will you deal with the needs of your laid-off workers on issues such as

benefits, government reporting, job references, and so forth?

Make Certain Your Layoff Practices Do Not Discriminate

Non-discriminatory practices are a must in layoffs, so who you lay off must be painstakingly determined. Who you lay off depends on the practices your company has used in the past and on a variety of legal and ethical guidelines. For example, it may

serve your interests best to eliminate a complete department. All of the employees are then laid off.

Then, in departments you can't eliminate, the managers will need to decide whom they could most easily afford to lose based on the employee's job description. You need to be careful that you are not discriminating against any protected classification of employees and that the criteria for layoff selection are practiced equivalently across all departments.

Some companies do use last hired/first to go criteria. This avoids potential charges of discrimination but is not recommended. You are cutting out all of your experienced recent hires or your young, diverse talent. This is one of the worst ways to do a layoff. Instead, ask your managers to make a business case for each recommended layoff.1

Some companies eliminate entire shifts. Other companies eliminate a position, such as all clerical employees, and shift the clerical work to the managers and staff.

Some companies practice across the board layoffs that tell each department they must downsize by 10%. Although superficially fair, this is bad for the business because you may be eliminating essential positions. In fact, across the board layoffs are the worst way to downsize.2

Finally, in a union-organized workplace, the contract is likely to specify who you must lay off and in what order so work with your union representatives in addition to an attorney.

Do Layoffs Sooner Rather Than Later

Do layoffs as soon as the business need makes them necessary. Layoffs are not a time to punt; preparation will make layoffs less painful for all. Chances are that if your firm is experiencing problems, employees are aware and worrying anyway. So, make the decision and do the necessary layoffs.

When you determine the need for layoffs, do the best you can afford for the soon-to-be- former employees. A healthy severance package, potential outplacement services, and other economic assistance can make layoffs more manageable for employees. Before you do layoffs, have your severance package ready and write a legal document that releases the employer from liability for the employee to sign in return for the severance. Laws regarding releases of claims differ from state to state so you need to check with your state department of labor and attorney. (The employee generally has a certain number of days to respond to your offer and a certain number of days during which the employee can change his or her mind about signing the release of claims.)

When you consider severance pay, you'll want to devise a formula that provides one to two weeks of pay for each year that the employee has worked for you. You can also consider providing employment assistance or outplacement services. The more generous your severance package, the more likely the employee is to accept it and sign the release from liability.

Depending on your business, and the number of layoffs you are contemplating, the WARN Act provides legal guidance about when employees must be notified of upcoming layoffs.

Employees Will Remember How They Were Treated

Remember that your employees and former employees may not remember why you were forced to do layoffs but they will remember how they were treated. Treat people with dignity.

The Bottom Line

Do the layoffs individually with Human Resources and the employee's manager present. Complete the process on the same day. Do not even consider a mass meeting, telephone conference call, or an email to lay people off. They deserve more than that from you.

Please note that the information provided, while authoritative, is not guaranteed for

accuracy and legality. The site is read by a world-wide audience and employment

laws and regulations vary from state to state and country to country. Please seek legal

assistance, or assistance from State, Federal, or International governmental resources,

to make certain your legal interpretation and decisions are correct for your location. This

information is for guidance, ideas, and assistance.

ARTICLE SOURCES 1. ERIC. "Title VII and Layoffs Under the "Last Hired, First Fired" Seniority Rule: The

Preservation of Equal Employment," Page 15. Accessed Jan. 5, 2020.

"

2. SHRM Foundation's Effective Practices Guidelines Series. "Employment Downsizing and Its Alternatives: Strategies for Long Term Success." Accessed Jan. 5. 2020.

Is a Poisonous Attitude a Reason to Fire an Employee? Your Coworkers Depend on You to Take Action for a Harmonious Workplace BY SUZANNE LUCAS Updated May 19, 2020

Sometimes, angry and negative people do a good job, are always at work, and always on time. They are careful not to be too critical when supervisors or managers are around but are quick to spread rumors and try to supersede management at their own discretion. Despite their output, they are generally not well-liked, and their bad attitude can poison the entire team.

Can You Fire an Employee Who Has a Bad Attitude?

The short answer is yes, as this is a great reason to let an employee go—but only if you can't fix the problem. Chances are that you can fix the problem. After all, you don't want to lose an employee who does a good job if you don't have to.

But look at the situation clearly: No one who is “poisoning the team” is actually doing a very good job, because not being a drag on other employees is an intrinsic part of every job. You can follow a plan that will dramatically improve the chances that the poisonous employee becomes a nicer employee, but it's not a 100% effective plan.

What to Say to the Employee Who Has a Bad Attitude

While you may have counseled the employee in passing (“Hey, I noticed you were very negative at that meeting.), this is the time for pointed, directed, and seated information. You can also ask questions and find out what they are thinking. It's possible that the

employee doesn't realize just how negatively they are coming across to coworkers. Some approaches work better than others, such as:

"I've noticed you are unhappy and speak quite negatively about your job and the other people who work here. For instance, I've noticed that while you're always polite face to face, you'll say negative things behind people's backs."

"Part of your job is building good relationships with coworkers, and your behavior undermines this. What can I do to help you in this area? The question at the end will allow your employees to speak up and share their grievances, which, most likely they will have. Here's the thing: You can be compassionate."

But at the end of all the sympathy and compassionate communication, you need to come to this: “Regardless, the behavior is inappropriate in this office. We value your work and we don't want to lose you, but if you cannot pull this together, we will terminate your employment.”

Document the time, date, and content of the discussion. At this stage, you can present them with an official performance improvement plan document that details what is expected of them.

Step 1: Implement an Improvement Plan With the Employee Who Has a Bad Attitude

What you want to do is implement a Performance Improvement Plan (PIP) that stresses progressive discipline. This is where you follow a series of steps with the idea that if the employee does not change or improve, you end up with termination at the end. It's that end termination and the documentation you fill out that makes this process different than simply speaking to your employee about the problem.

Step 2: Follow Up With the Employee Who Has a Bad Attitude

You should never expect instantaneous perfection from an employee in this process. After all, it takes a lot of effort to change. The critical factor here is that you can't just start ignoring the bad behavior. If you notice poor behavior on the part of the employee, correct it at the moment, but otherwise, follow up with the employee in two weeks.

At the two-week meeting, if they are making great progress, congratulate them. If they are not making progress, this is when the "progressive" part of progressive discipline kicks in.

Present them with a written warning. This should include details of the problems they need to resolve as well as the information that if their behavior does not improve, your organization will suspend them and then terminate their employment.

Explain that this warning is placed in their employee file. Ask them to sign to indicate that they have received this warning. They may object, saying that they disagree with what is written. You can explain that their signature doesn't indicate agreement, but rather that they received it.

Step 3: Suspend the Employee Who Has a Bad Attitude

If the employee is still not making progress, it's time for a suspension. You can say: “We've talked about your attitude problem and the behavior our organization experiences because of it. It's not improving. As I've said, we really value your work, but we value all of our employees. Your negative attitude and gossip are damaging to the department. As I explained two weeks ago, because you are not making progress, you will be suspended without pay for one day.”

It's critical that the employee does no work on their suspension day. If they are exempt, you'll have to pay them for the whole day if they do any work. If they are non-exempt, you're required to pay them for the number of hours they worked. So make it very clear that they are not to work at all.

Step 4: Terminate the Employee Who Has a Bad Attitude

If the behavior does not improve after the suspension, it's time to let your negative employee go. While you might be tempted to keep them on, understand that if you do that, you will have no power over this employee ever again. They will know that they can do whatever they want to and you won't really do much.

If you say, “But I can't afford to lose them,” think again. Negative employees who gossip are damaging to your whole department. Your other employees are more likely to quit and are not as engaged as they would be if they were in a functional department. You owe it to all of your employees to take care of this poisonous employee, which means firing them if they either refuse to or are unable to change.

Please note that the information provided, while authoritative, is not guaranteed for

accuracy and legality. The site is read by a world-wide audience and employment

laws and regulations vary from state to state and country to country. Please seek legal

assistance, or assistance from State, Federal, or International governmental resources,

to make certain your legal interpretation and decisions are correct for your location. This

information is for guidance, ideas, and assistance.

Suzanne Lucas is a freelance journalist specializing in Human Resources. Suzanne's

work has been featured on notable publications including "Forbes," "CBS," "Business

Insider" and "Yahoo."

When Employers Should Hire an Employment Law Attorney Failing to Hire an Employment Attorney Can Bring Your Organization Harm BY SUZANNE LUCAS Updated October 04, 2019

When you start or manage a business or run a Human Resources (HR) department, your first thought is probably not on hiring an employment law attorney. While you hope never to have the need to use their services, keeping such an attorney on retainer is a good idea for any firm that will employ workers. Some large firms may even have an employment attorney on staff.

The Complexity of Employment Law

No senior managers or professional HR staff start out with the idea that they're going to be the subject of an employment lawsuit. After all, very few managers have the intention of breaking any laws. The problem is, that employment law is complex.

Crazily complex, actually. Sometimes, you need an employment law attorney, but you don't want to waste your money on high legal fees. Other times, it is critical that you make the investment in an employment attorney.

Simple or Potentially Harmful Problems

The average HR employee has an ongoing dialog with an employment attorney for checking those everyday situations where your company needs to play it safe—and employee relations smart. These situations can include the introduction of a new policy, how to inform employees of a benefits change, and what are the latest trends in employment law.

In these everyday situations, managers and owners usually depend on HR to hold the conversation—if they decide to hold a conversation at all. That's okay in these everyday situations with employees.

However, not every legal situation is a common or everyday type of issue. Some have the potential to spiral out of control and potentially bring great harm to your organization.

Oversight of Your Employee Handbook

Sure, you can write the employee handbook yourself with policies that are unique to your company, but you need to have it checked over by an attorney. Your handbook can inadvertently create contracts with your employees, or have policies that violate the law.

You need to have an attorney specializing in employment law—probably not the same lawyer that helps you with corporation matters—check to make sure everything is good. Also, you need to have the handbook reviewed from time to time—especially when you hit 15 employees. Laws and regulations set 15 employees as the tipping point on the application of a ruling like the Americans with Disabilities Act (ADA).

When you hit 50 employees even more laws and regulations are applicable to your business, especially the Family Medical Leave Act (FMLA). You'll need an employment attorney to understand the implications of the laws.

Companies are available that specialize in writing handbooks, and if you go that route, make sure that an employment attorney who is licensed in your state reviews the completed handbook. Ideally, that person should be on staff, but if not, it's worth the money to hire a local employment attorney to give it the thumbs up.

Equal Employment and Labor Issues

You may find a representative from the EEOC or the Department of Labor standing in your front office and asking to see your records. Your job is to say, “Please take a seat while I call my employment attorney.”

Then call your employment attorney immediately and do exactly what your attorney tells you to do. Don't ever think, “I have nothing to hide.” You may not, but that does not mean you want to let the EEOC go through your employee personnel files.

Ideally, you will have a relationship with an employment attorney before the government agency shows up, but if not, still say, “Please take a seat while I call my attorney” and then find an attorney quickly.

Attorneys for Complaints of Illegal Harassment

Sometimes a situation may fall into the realm of an illegal harassment claim. Most harassment complaints aren't straightforward or easy to handle. As in an equal employment and labor case, harassment cases require a specific series of steps take place.

You need the advice of an attorney trained in the applicable laws to advise you as you conduct your investigation. You need to be in compliance with the law and conducting the investigation correctly.

There are legal pitfalls in any harassment investigation so make sure your policies and procedures are in place before you get a complaint. And those procedures should, of course, be checked by your employment attorney.

Being Served With Legal Papers

At times, you may find your firm on the wrong end of a complaint or summons where an official notice of a proceeding will be delivered to your address. You must understand how to handle the receipt of these documents. If the issue applies to any employment or employee issue, get your attorney on the phone.

Do not, under any circumstances think that you can handle the situation on your own. Sure, you might be 100% correct, but you don't want to make a mistake on the legal side of things, meaning you'll lose the case over a technicality.

Don't respond. Don't think about it. Don't talk to the employee (or former employee) to clear up the “misunderstanding.” Call your attorney right away.

Firing an Employee

In all states except Montana, employment is at-will which means that you can fire an employee whenever you want to, as long as you aren't doing it for an illegal reason. So, you can fire an employee for coming in late three times in a row, but not for getting pregnant.

However, there are so many situations that you must consider and so many possible legal violations, you want to double-check with your attorney before firing an employee. For instance, if you fire Bill for coming in late three times in a row, you may think that's a no-brainer decision.

But, what if Molly's boss didn't fire her when she came in late three times in a row? Now, Bill can claim gender discrimination—you're holding him to a different standard than Molly. Always double-check. Past practices matter.

Legal Help When Laying People Off

Like a firing, layoffs should be straightforward, but you want to make sure that you're in compliance with all laws. For example, the WARN Act requires certain actions from an employer with which you'll want to comply. Different states have different laws regarding layoffs—especially California.

If you're offering severance pay, you'll want to have your employees sign a general release of claims in order to receive that severance. In this document, your employee gives up the right to sue for several reasons or agrees to a non-compete or non- disparagement clauses in exchange for severance.

Your attorney will need to write the release for you. You can tell them what you want to include, but don't be surprised if your attorney tells you that you can't do everything you want to do. The law varies from state to state and you need to stay in compliance.

You may think that it's too expensive to pay an attorney to advise you about issues that you can handle yourself. Attorneys are expensive, but losing lawsuits can cost you even more. Employers need an employment attorney to help them prevent lawsuits and prevent compliance problems.

Establish your relationship with an employment attorney early on, and the relationship and the attorney's ongoing knowledge of your business, corporate culture, and management philosophy will benefit your business in the long run.

-------------------------------------------------

Suzanne Lucas is a freelance writer who spent 10 years in corporate human resources,

where she hired, fired, managed the numbers, and double-checked with the lawyers.

Avoid Wrongful Termination of Employment BY SUSAN M. HEATHFIELD Updated March 15, 2019

Avoid wrongful termination claims to uphold your reputation as an employer of choice, maintain trust and cohesion with your remaining employees following termination, and avoid nuisance and other unwarranted, unwanted lawsuits.

You maintain safety from losing wrongful termination lawsuits by treating employees legally and fairly when you end their employment for whatever reason, whether financially-motivated layoffs, performance problems or more. As an employer, it is your responsibility to protect the best interests of your business and of your remaining employees.

Former Employees Charging Wrongful Termination Often Seek a Scapegoat

Generally, an employee who is fired is angry, unhappy, and looking for someone to blame when his or her employment ends. The employee must face questions and concerns from family members and friends, who may never have been informed that the employee was experiencing performance problems and performance coaching at work.

Nor does the average employee come home and share all of the mistakes she has made or the problems he is experiencing with performing his work or carrying out his responsibilities. Sometimes, employees even delude themselves into believing that, while performance issues have been drawn to his attention, they are not that serious.

In fact, normally an employee will hide his or her performance problems from family members. It allows the employee to save face, make excuses, and generally, deny responsibility for their ultimate employment termination. It leaves family members more surprised than the employee if the employee is honest with himself when employment termination occurs.

So, family members and friends tend to believe that the big, bad employer was the enemy and the problem. This support fuels the thinking and feelings of the already upset employee who no longer has a job.

Employers are not generally faced with wrongful termination charges that will find them liable unless their actions are illegal. No matter how much the termination may feel unfair or unwarranted to the employee, or his family members, that does not make the employment termination either illegal, unwarranted, or wrong.

Employers, in most states, adhere to employment at will standard in which the employer has the right to fire an employee and an employee has the right to quit his employment—at will. for no cause or any reason at all.

Considerations to Avoid Wrongful Termination Charges

Employment termination becomes wrongful termination under these narrow circumstances. (These are not complete, but do list the most commonly considered possibilities.)

• Breach of contract: the employer has a legal obligation to uphold all components of an employment contract, union-negotiated or otherwise. Most employment contracts have employment termination clauses which the employer must honor.

• Breach of implied contract: the employer must take care that the company does not imply in writing or verbally that employment is protected or guaranteed or that any other non-contractual obligations exist. It is why most employers ask employees to sign off on an employee handbook statement that states that written company documents offer guidelines, not a contract.

• Breach of covenant of good faith and fair dealings: the terminated employee can try to prove that their termination was unfair and that an employer did not fire him for good cause, in some states. It is extremely difficult to prove if an employer has kept even a modicum of documentation about an employee's performance problems and managerial counseling and coaching. Terminated

employees will generally find that employment at will is the more significant deciding factor.

• Unlawful discrimination: employment discrimination is illegal. Former employees must file a suit with the Equal Employment Opportunity Commission (EEOC), and perhaps their state civil rights commission, before charging an employer in court. An employer protects their organization from such charges by practicing strict care to avoid employment discrimination or the appearance of employment discrimination, for any reason. For example, in a layoff situation, an employer must demonstrate non-discriminatory reasons for why each laid-off employee was selected. Laying off all members of an eliminated department, or laying off the 10% of all employees with the least seniority, may keep employers safe from discrimination charges.

Employers should seek legal counsel at their first indication that a former employee intends to press some form of wrongful discharge contentions. It will normally occur either in conversation, emailed correspondence or with the failure of the former employee to accept and sign off on their employment termination agreement or severance package.

Sometimes, however, an employer's first inkling of a problem occurs when a fact-finding package arrives from state or Federal discrimination agencies.

Even if the employer is crystal certain that their handling of the employment termination was legal, ethical, and appropriate, legal counsel is more experienced in wrongful termination situations than the average employer. Seek counsel.

Disclaimer: Please note that the information provided, while authoritative, is not guaranteed for accuracy and legality. The site is read by a world-wide audience and employment laws and regulations vary from state to state and country to country. Please seek legal assistance, or assistance from State, Federal, or International governmental resources, to make certain your legal interpretation and decisions are correct for your location. This information is for guidance, ideas, and assistance.

Surfing the Web at Work Alternatives for Monitoring Employee Online Activity BY SUSAN M. HEATHFIELD Updated November 25, 2019

Employees spend between one and three hours a day surfing the web on personal business at work, depending on the study reviewed. Since most studies depend on employee self-reported data, this productivity loss, combined with the concerns employers have for where their employees are surfing the web at work, causes more employers to decide to monitor employee use of the internet.

Employees shop, do banking, visit sports sites, pay bills, chat on Facebook, tweet on Twitter, and more. With most employees, these are occasional activities they pursue on breaks and lunch. If they do spend a few minutes of work time, they likely make up for it answering email after the kids go to bed.

Abuse of Internet at Work

A percentage of employees do abuse the privilege of internet usage at work. In one company, a disgruntled supervisor was spending 6-7 hours a day doing everything from job searching to looking up recipes, shopping, and downloading coupons.

In another, an employee changed the position of his computer, making the view of its screen impossible to see by anyone except the employee. This raised the suspicions of the IT staff, so they viewed his internet history and found the employee was downloading and watching pornographic movies.

If the employer had remained unaware the employee was viewing porn, the employer could have faced a lawsuit for sexual harassment or a hostile work environment claim. Neither would have been welcomed, so the employer let the employee go. (The

employer's internet usage policy spelled out clearly the conditions under which they would terminate an employee.)

Employer Surveillance of Employees Surfing the Web

Employers who block access to employees surfing the web at work are concerned about employees visiting adult sites with sexual, romantic, or pornographic content as well as sites for gaming, social networking, entertainment, shopping/auctions, and sports. In addition, some companies use URL blocks to stop employees from visiting external blogs. Others block access to sites such as Facebook at work.

Depending on the company, computer monitoring takes many forms: some employers track content, keystrokes, and time spent at the keyboard; others store and review computer files. Many firms use alerts to monitor what is being written about the company by employees, and others monitor social media networking sites.

When companies monitor email, some use technology tools to handle the job looking for key words and phrases, while others assign an employee to read and review it manually.

Why Employers Monitor Online Behavior

Employers believe this employee surveillance is necessary for employee productivity, legal reasons, the safety of company information, and to prevent an environment of harassment.

Manny Avramidis, president and CEO of the American Management Association, writes:

"There are primary reasons why employers monitor employee Internet behavior at work, depending on the organization and its employees. Employee productivity is key. Some companies will say that trade secret issues are important, not necessarily because employees intentionally share company information, but employees may not realize the importance to competitors of such items as new product features and organization charts.

"Intranet sites share information employers don't want outsiders to know because of competition and the need to beat competitors to market. Other companies are concerned about fraud as far as data security, making sure information is not being stolen.

"Some companies will say safety and productivity are their key concerns which may involve monitoring employee location via GPS [global positioning satellite], video cameras in production work areas, and security guards to check IDs and the contents of items brought to work. And, other employers will cite potential liability because they have been burned in the courts. Most organizations have some capital to monitor and it's fairly cheap to do it. So they do."

More Employer Concerns About Surfing the Web at Work

In addition to the concern about the kinds of sites employees are visiting at work for these reasons, a number of additional concerns motivate employers to monitor employees surfing the web at work.

Litigation is a serious issue to employers said Nancy Flynn, executive director of The ePolicy Institute and author of The ePolicy Handbook and other internet policy-related books.

According to the Society for Human Resource Management (SHRM), "In this age of digital information, business managers, HR professionals, IT professionals and legal professionals must work closely together to develop policies and procedures related to employment record-keeping. In the event of employment-related litigation, a thorough search will likely be done of an employer's electronic records.

"Electronic data include email, web pages, word processing files, computer databases and any other information that is stored on a computer and that exists in a medium that can be read-only through the use of computers. It can also include electronic trails left behind, such as when a manager adds or deletes text to a performance review, the

formulas employees used for making spreadsheet calculations or edits to a memorandum and other unintentionally stored data.

"Electronic data are becoming increasingly important in legal proceedings. Consultation with legal counsel about electronic data storage, retention and destruction is especially important since the Federal Rules of Civil Procedure—Rule 34 was amended specifically to address discovery rules for electronically stored information."

According to AMA's Avramidis, employee surveillance is inevitable as the technology to do it becomes cheaper. He writes:

"Where employers often fall short is they tell employees they will be monitored but they don't describe exactly what behavior is expected or not expected. To explain exactly what their expectations are about the policy is important. Educating the employees and explaining the definition of what is fair and acceptable internet and email use annually is recommended."

"No matter how you feel about it, employers that don't monitor will become fewer and fewer, not to nail employees, but because monitoring increasingly makes business sense." — Manny Avramidis, president and CEO, the American Management Association

While an increasing number of states and jurisdictions are requiring employers to notify employees of electronic monitoring, the majority of employers are doing a good job of alerting employees when they are being watched.

Most employers inform employees the company is monitoring content, keystrokes, and time spent at the keyboard and most let employees know the company reviews their computer use. Most also alert employees to email monitoring.

Should You Monitor Employees?

The monitoring of employee time and use online is a signal of distrust and incongruent with an employee-oriented culture that regards employees as the chief assets of the company.

If fewer than 1% of employees, by some reports, abuse their workday and employer trust online, why make 100% of employees feel uncomfortable and distrusted? So, the practice of electronically monitoring employees at work has strong pros and cons.

Electronic surveillance of employees at work can yield results that are beneficial to the employer in controlling abuse. They can protect an employer's interests in a lawsuit—or not—depending on the nature of the situation.

But, there are powerful reasons why an employer might not want to use employee internet monitoring. Avramidis says that this decision depends on the company and the work environment an employer wants to create:

"Depending on the level of freedom allowed in a company or the type of employer, electronic surveillance of employees may not be desirable. Companies that employ new college grads, who have absolutely blurred lines, and are online all day, are an example.

On big online shopping days like Cyber Monday or Prime Day, big sporting occasions like the NCAA championships' March Madness, and other popular events, employers might be tempted to overreact. Employees may feel as if they need to sneak and cheat to do their internet activities. But, a healthy balance benefits all parties.

Employers may want to think twice about developing and implementing policies that forbid all personal online computer use during the workday when employees are still answering emails after hours.

Employees must also practice reasonable internet use. Few employers will quibble over a few minutes to place an order, but many deservedly object to an employee comparing

prices online for half the workday. IT departments, meanwhile, have legitimate concerns about how streaming slows down company systems.

It would behoove employees to understand their employer's internet, email, and computer policies and expectations. Employers who have fired workers for email misuse did so for these reasons:

• Violation of a company policy • inappropriate or offensive language • Excessive personal use • Breach of company confidentiality rules

Know your employer's policies about the internet and email use. What you don't know or pay attention to could hurt your standing with your employer.

Alternatives to Employee Monitoring

Here are ways to create an organizational environment in which employees don’t abuse their employer’s trust:

• Develop a solid internet and email policy that provides employees with clear expectations about the employer's stance on personal time online at work. This policy can broadly forbid certain activities and site visitations without making employees feel like criminals. The policy can emphasize responsibility, faith, professional confidence, and trust.

• Communicate the policy using lots of examples so employees are not confused about the requirements. Continuously communicate your expectations and address employees individually who take advantage of their employer’s time. If an employee’s productivity or contribution slips, communicate with the employee to determine if online use is affecting performance. Use progressive discipline with employees who repeatedly violate your expectations and trust.

• Train your managers and supervisors about how to establish and maintain the expectations and policies of your workplace. Train them to recognize when an employee might be abusing internet time or sites at work.

• Develop and maintain a culture of trust. Developing an environment in which employees self-monitor personal online time at work is the most effective approach. Deal with employees who are over the line on a case-by-case basis. Don't burden the majority of your hard-working employees with overly burdensome policies because of the actions of a few. Get rid of the few.

Monitoring causes employees to waste energy worrying about whether what they are doing is acceptable and it encourages a 9-to-5 mentality. An employer of choice finds alternatives to employee internet monitoring.

Developing a Drug-Free Workplace Things Employers Must Consider When Developing a Drug-Free Workplace • • • BY SUSAN M. HEATHFIELD Updated May 29, 2018

In a drug-free workplace, the employer has taken steps and initiated policies to ensure that employees, vendors, and customers are not:

• taking or using alcohol or drugs, • selling drugs, or • affected by the after-effects of indulging in alcohol or drugs outside of the

workplace during non-work time.

Additionally, the goal of a drug-free workplace program, as they have traditionally been developed, is to encourage an employee with a substance abuse problem to seek treatment, recover, and return to work.

Drug-Free Workplace History

Sobriety programs were initiated as early as 1914 by the Ford Motor Company and have taken many shapes and forms over the years. The concept of a drug-free workplace began when Ronald Reagan signed into law Executive Order 12564 that banned the use of drugs both on and off duty for federal employees. It resulted in the Drug-free Workplace Act of 1988.

According to the U.S. Department of Health and Human Services Drug-Free Workplace Programs, "Today, the concept of a 'Drug-Free Workplace' has become the norm with large and medium-size employers. Efforts are continually made by Federal, State, and

civic and community organizations to bring the Drug-Free Workplace experience to a greater percentage of smaller employers."

Interested in the impact of alcohol and drug use in your workplace? These statistics about alcohol and drug use should catch your attention.

As you consider whether a drug-free workplace program is appropriate and needed in your workplace, these are the reasons for having a drug-free workplace program. I have also included the main reason why employees object to a drug-free workplace program. Finally, I have listed the components of a successful drug-free workplace program.

Why Establish a Drug-Free Workplace Program?

You will want to consider setting up a drug-free workplace program for these reasons.

• You value the health and safety of all of your employees. You are concerned that any employee who may be working under the influence of alcohol or drugs could injure himself or another employee.

• You are concerned about the impact of unhealthy lifestyle choices on medical and insurance costs for your business.

• You believe that alcohol or drug impairment impacts all aspects of an employee’s life negatively. These negative impacts, such as broken families, cannot help but flow over into the workplace and manifest as absenteeism, lower productivity, and damaged relationships.

• You believe that the productivity of any worker who is impaired at work is negatively impacted.

• For some industries and jobs, drug-free workplace programs are mandated. • In some industries, especially when products are easily stolen and sold,

substance abusers may account for a large portion of product loss. • Finally, you want to send a powerful message to all employees about behavior

that is and is not supported at work. Your non-abusing employees deserve this support.

What Constitutes a Comprehensive Drug-Free Workplace Program?

An effective drug-free workplace program shares the characteristics that most effective workplace initiatives share. Workplace efforts that yield results provide:

• Active, visible leadership and support by the managers and other company leaders;

• Clearly written policies and procedures that are publicized, trained, and uniformly applied to all employees; with well-trained managers, supervisors, union representatives, and Human Resources staff who understand their roles, rights, and responsibilities;

• Involvement from a cross-section of employees from across the company and union involvement, in a represented workplace, in the development of the policy and program;

• Additional training for employees in the dangers of alcohol and drug abuse; • Methods of assistance for employees who voluntarily admit they have a

substance abuse problem; • Access to substance abuse treatment and follow-up for employees who have

been identified as having problems; • Clearly stated policies about the disciplinary action that will be taken if an

employee, with a problem that is impacting the workplace or whose actions are in violation of the workplace policies, fails to obtain help; and

• Ways to identify people with alcohol, drug, or other substance abuse problems, including drug testing. The goal of a drug-free workplace program is to provide the opportunity for the employee to obtain treatment, overcome their substance abuse issues, and return to work.

With some attention to these measures, you can establish and promote a healthy, drug- free workplace for all of your employees.

The Downside to a Drug-free Workplace Program

The major downside to a drug-free workplace program is that employees object to the random drug testing component that is present in most programs. Employers who choose to execute the drug testing component need to be sensitive to the fact that most employees consider drug testing as intrusive and evidence of a lack of employer trust.

• Opponents of drug testing believe that non-substance abusers are subjected to ill-treatment because of the actions of a few employees.

• Employees may feel their privacy is being invaded and that what they do outside of work is not their employer’s business.

• Failing a drug test does not mean that the employee was impaired at work, just that they used a substance within the time parameters that the test checked. Again, the use could have had no impact on their work performance whatsoever.

• Employees fear that the off-work use of drugs or alcohol may bring the same consequences to an employee as would be applied to an employee who abused substances on the job.

• Opponents of drug testing believe that while there are Federal regulations for drug testing, there are hundreds of state and local jurisdictions that do not regulate or oversee the methods employers use for drug testing.

The Importance of Dignity and Respect

Consequently, if you do make random drug testing a part of your drug-free workplace program, make sure you treat your employees with dignity and respect and honor their privacy. Consult with legal experts to ensure your compliance with state, Federal, and international workplace laws. Heed also the fact that medical marijuana usage is increasing and becoming legal in many jurisdictions.

The drug testing policy should specify the type of drug testing used, the frequency of the drug testing, and the names of the substances for which the employee will be tested. The drug testing policy should provide fair and consistent methods for employee selection for drug testing.

Disclaimer: Please note that the information provided, while authoritative, is not guaranteed for accuracy and legality. The site is read by a world-wide audience and employment laws and regulations vary from state to state and country to country. Please seek legal assistance, or assistance from State, Federal, or International governmental resources, to make certain your legal interpretation and decisions are correct for your location. This information is for guidance, ideas, and assistance.

What Is Harassment? Definition & Examples of Harassment BY SUSAN M. HEATHFIELD Updated July 25, 2020

Harassment is unwelcome and offensive conduct from a boss, coworker, vendor, or customer. Such offensive conduct may be unlawful, depending on circumstances.

Find out what qualifies as harassment, what liability employers have, and the recourse available to victims of harassment.

What Is Harassment?

Harassment is offensive, belittling, threatening, or otherwise unwelcome behavior directed at someone based on protected characteristics, including:

• Age • Race • Color • Religion • National origin • Sex • Gender Identity • Pregnancy • Sexual orientation • Disability • Genetic information1

Harassment can include a range of verbal or physical behavior, including:

• Offensive jokes

• Demeaning remarks • Name-calling, offensive nicknames, or slurs • Offensive pictures or objects, including pornographic images • Bullying • Physical assaults • Threats • Intimidation

It may also be considered harassment to interfere with someone's ability to do their work, or to retaliate against them for filing a discrimination charge or participating in an investigation.

Annoyances, "petty slights," and isolated incidents generally do not qualify as harassment in the eyes of the U.S. Equal Employment Opportunity Commission (EEOC), the organization charged with ensuring nondiscriminatory work environments.1

How Harassment Works

Harassment in the workplace may occur in a variety of circumstances. In a given situation, a harasser may be a victim's coworker or supervisor, or they may not work directly with the victim at all, such as a client, customer, or vendor.

Harassment doesn't only affect the victim or intended target. The negative work environment that develops as a result might make other employees victims of the harassment as well.

Harassment and the Law

Demeaning another individual regarding a protected classification is discriminatory and therefore illegal.

According to the EEOC, harassment becomes illegal when either of the following conditions is true:

• Putting up with offensive and unwanted actions, communication, or behavior becomes a condition of continued employment.

• The behavior is severe and pervasive enough to create a work environment that any reasonable individual would find intimidating, hostile, or abusive.

Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), the Americans with Disabilities Act of 1990 (ADA), and the Genetic Information and Non-Discrimination Act of 2008 (GINA) are some of the laws that cover protected classes in the workplace.

Demeaning an employee for any aspect of their parental status, appearance, weight, habits, accent, or beliefs can also be considered harassment and can add to a claim about a hostile work environment.

The employer is automatically liable when a supervisor's harassment of an employee results in termination, failure to promote, or loss of wages. An employer is liable if the harassment creates a hostile work environment; they can only avoid liability if they can prove they took immediate corrective action and the employee unreasonably neglected to take advantage of the opportunity to correct the behavior.1

Preventing Workplace Harassment

Employers avoid harassment charges when they create expectations in their workplaces that all employees will treat each other with respect, collegiality, fairness, honesty, and integrity.

Employers should develop policies that clearly define inappropriate actions, behavior, and communication. The workforce should be trained about the issue and educated about the expectations. Furthermore, the harassment policy must be consistently enforced and complaints treated seriously.

A clear harassment policy gives employees the appropriate steps to take when they believe they are experiencing harassment. Companies must be able to prove that

an appropriate investigation occurred and that perpetrators found guilty were suitably disciplined.

What to Do if You Are Experiencing Harassment

If you are experiencing harassment in the workplace, you can begin by telling the person harassing you to stop (if you feel comfortable doing so).

If they continue their behavior, your next course of action is to consult the anti- harassment policy of your employer, if there is one, and follow the steps outlined in it.

If there is no policy, talk with a supervisor and ask for their help. You may fear retaliation, but the law is on your side: It's illegal to retaliate against an employee for reporting harassment.2

If you wish, you can file a discrimination charge with the EEOC. You must file a charge before you can file a lawsuit for unlawful discrimination. Generally, you have 180 days to file a charge.3

Key Takeaways

• Harassment is the unwelcome and sometimes unlawful conduct that demeans, insults, and offends an employee. The victim of harassment may be anyone affected by the offensive conduct.

• Federal laws prohibit the harassment of individuals based on protected characteristics.

• If you are being harassed, tell a supervisor, and follow your employer's anti- harassment policy. You also have the option of filing a charge with the EEOC.

ARTICLE SOURCES 1. U.S. Equal Employment Opportunity Commission. "Harassment." Accessed July 24,

2020.

2. U.S. Equal Employment Opportunity Commission. "What You Should Know: What to Do if you Believe you have been Harassed at Work." Accessed July 24, 2020.

3. U.S. Equal Opportunity Commission. "How to File a Charge of Employment Discrimination." Accessed July 24, 2020.