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E-Mail Danger – Employment Dispute Tool

Ingrid Baker — Wed, 11 May 2011 16:19:48 +0000

Just step away from the computer…when you are angry at a co-worker, supervisor or one of your staff. Messages you send in heat never go away, and could come back to haunt you!
An article in the Society for Human Resource Management (www.shrm.org) advocates email training for employers and managers. According to one attorney e-mail has become the #1 form of evidence in any employment law dispute. Another attorney (obviously they are kept busy by this issue) said that a lot of misunderstandings result from the written word, rather than direct communication when you can hear the tone of voice and see body language.
So why do we use e-mail so readily? For a lot of folks it is easier than a direct confrontation, and easier to avoid having to compromise. When we receive an upsetting e-mail it is also a natural reaction to fire back, because it just takes a “click”. The back-and-forth in a dispute can really get out of hand.
What should one do? First – don’t respond right away (the 24-hour rule is always good if you can wait). Also, if it seems that the issue could escalate, a phone call or a personal visit is a much better way to handle the situation – also there’s no traceable document! I have been surprised to find, when I visit the “complainer” in person, that either the problem isn’t so great, or it isn’t the real issue. Sometimes a little patience will reveal that outside pressures are escalating something easily solved.
There are occasions where a quick response is appropriate – one important one is when an employee sends an offensive joke via the company e-mail system. In that case the manager also has a document to produce if discipline becomes necessary.
It isn’t just the angry or careless e-mails that can cause trouble. In many cases an employee who is being disciplined will produce e-mails from the manager or supervisor praising his or her performance, and these can come back to cause trouble. Advice: never do performance reviews via e-mail. Always meet with the employee and then document with hard copy.
So – we all need to review how we communicate with this great-though sometimes difficult-media. In large companies it has been suggested that some sort of reminder training occur on a regular basis, cautioning against inappropriate or careless use of the e-mail media. When in doubt – don’t click that button!!

Performance Reviews – Are They Worth The Pain?

Ingrid Baker — Tue, 03 May 2011 19:00:32 +0000

Performance reviews are not fun for either the employee or the reviewer, but in the past were viewed as a necessary evil of working in an organization. The fact is, however, that they are not a requirement except in the case of some governmental or union employees. The other fact is that they take an enormous amount of time and create lots of stress for everyone. So why do them?
An article in Legal Section of the Society for Human Resource Management site brings up some interesting points. The April article by Judith Droz Keyes discusses both the reasons for and the pitfalls of performance reviews.
The formal review system was developed predominantly as a defense against discrimination lawsuits in the 50’s and 60’s, to justify terminations and disciplinary actions. They were also supposed to serve as an honest and accurate assessment of an employee’s job performance relative to the employer’s standards and, to the performance of the team. They were intended to motivate the employee to achieve great things and improve the morale of the company.
The problems with these evaluations are many. First and foremost, most supervisors are not good at reviewing their staff, and tend to avoid confrontation. Therefore the employee may have been reprimanded in some way during the year, and at review time will get a satisfactory rating, so as not to cause waves. In other cases, the language used in the review is not clear – saying “I would like to see” rather than “this job requires”. In addition, most supervisors are not held accountable for the quality of their review process, so there is no consequence, until the employee is let go and a lawsuit is file.
That brings up the second problem. Many times the review process is designed more as a career path management tool than a disciplinary tool and so problems with employees may not be accurately documented in the process. Then, when an employee files a “wrongful termination” suit, they cite their years of positive reviews as evidence. Sadly this means that the supervisor must now always look at the process as a potential legal pitfall rather than a helpful tool for management.
Yet another problem with the process is the lack of timeliness of the feedback. Management should be addressing problems or achievements as they occur, rather than waiting a prescribed amount of time to give praise or criticism. As a supervisor I had to keep careful notes during the year to avoid the “feeling of the moment” – the employee had just done something to irritate me that might affect my attitude during the review.
Finally (though there are probably more issues I haven’t thought of) there is the legal side of employment which says you need to be careful about commenting on things such as “professional attitude”, excessive absences, or cases where there is a conflict with the supervisor. Any comments must be weighed against the protected rights of the individual employee, which tends to lead to a very bland review. It is very difficult to deal with an employee with serious health issues when their position is vital to the organization and slows down the whole business process. A supervisor must be very careful to comment in language that addresses the goals of the company and how they are not being met…or some other cleaver way to discuss the problem.
So if not performance reviews, what? As mentioned earlier, timely addressing of the issue, either positive or negative, is much more useful for both employer and employee. Record of these discussions need to be documented just as in a review, especially when compensation is tied to performance. In place of a review, a “career plan” showing goals for the employee to work toward would be much more useful. The goals should be developed through mutual input and allow the employee to show how they would like to grow in the business.
Whether you are a manager or part of the staff in an organization, it is a challenge to keep dialogue open and keep everyone on the same page. Good luck!

Got Dirt? Company Gardens

Ingrid Baker — Fri, 20 Nov 2009 18:19:17 +0000

Use your dirt to start a company garden. The reward is twofold-improving employee health and improving morale. The concept isn’t new, but there is a new interest in community-sponsored agriculture because of the economic situation in the country and the new emphasis on health in the U.S. It can’t hurt to cut down on prepackaged food in the lunchroom!

The orthopedic office where I once worked had a small garden plot outside the back door, where we grew chard and lettuce. Everyone used the fresh vegetables as a side dish for their sack lunches and appreciated the novelty-this was in 1988! Now big corporations are getting on the bandwagon. According to an article in HR News (Nov. 18, 2009) Pepsico opened an organic garden at headquarters in May of this year. The Haberman PR firm in Minneapolis started a “Dude Ranch” at about the same time. CEO Fred Haberman believed that the company garden lead to a healthier, more productive workforce – and by extension lower health care costs.

If you don’t have space around your workplace, you can rent a plot nearby, or try window boxes. In a time when small perks can have great impact, you are encouraging healthy living and healthy attitudes. If any of you have gardens you are aware of the satisfaction they bring. Share your thoughts and experiences!