1/30/2006
When to document conversations
When do you officially file a complaint or document a conversation with an employee? At times employees just want to "talk" about issues or a situation, but do not want to take further action. Am I obligated to file a complaint or start an investigation even if they don't want to? For example, if an employee is verbally offended by another employee and comes to me to "vent" about it and asks how to handle it, but doesn't want to file a formal complaint, can I simply listen to the employee or do I have to take action?
It is common for HR professionals to find themselves in these types of situations. An employee enters your office to have a friendly chat. As the employee gets more comfortable they begin to reveal what is really on their mind. Your obligation to begin a formal investigation depends on the severity of the situation.
For example, if the conversation described by the employee is of a sexual nature then you are obligated to probe further in order to determine if the other employee is sexually harassing the employee or if he or she is creating a hostile work environment. If it appears to be merely a heated discussion between two employees, then providing the employee with a few tips on how to handle the situation would be appropriate. No further action on your part would be necessary unless you noticed the situation heating up again.
Things can get sticky if you assure the employee that the conversation is "off the record" prior to hearing any of the details. Before promising confidentiality, let the employee know that you are obligated to handle this as a formal complaint if the information they share constitutes such action.
Even if the situation goes no further, it is a good idea to jot down a few notes and keep them in your private file. If the employee decides eventually to go the legal route, you will have a record of the conversation to hand over to your legal counsel.
-- ROBERTA CHINSKY MATUSON
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Male and female employees traveling together
One of our managers has requested that a female and a male employee travel together overseas - Hong Kong, China, SE Asia - on a two-week business trip. The male employee is married and does not feel comfortable traveling alone with the female co-worker on this type of business trip. What is the best way to handle a situation like this?
Start by having a conversation with the manager. Ask questions that will help you understand the business need for both employees taking this trip. While meeting with the manager, see what you can find out about the working relationship of these two employees.
Now that you have some background information, it's time to talk directly with the married employee. Ask him what specifically is making him feel uncomfortable about this assignment with his co-worker. Is it the idea of traveling for 24 hours with someone he used to date? If that's the case, suggest he take different flights than his co-worker. If he feels this solution will increase tension between him and his female co-worker, remind him that many companies have polices that prohibit employees from traveling on the same flights.
If his wife has expressed concern over him spending two weeks in the same hotel as a female co-worker, suggest to him that they book rooms at different hotels. Remind him that if he has the financial means, he can bring his wife along. This should alleviate worries on the home front and allow him to focus on the task at hand.
If he rejects your suggestions and is still uncomfortable about making the trip, then ask him to come up with some ideas to resolve this situation. You can then present them to his manager and advocate on his behalf if these solutions seem reasonable.
-- ROBERTA CHINSKY MATUSON
Dealing with an emotionally unstable employee
I'm the president of my own small firm. An employee who joined us two months ago recently got upset over an issue I brought up. As I was attempting to work it through with her to find a resolution, she "blew up", threatened to quit, then stormed out. As I called her back to try to talk this out, she kept on storming out. She has done this once before. She is talented but seems to be emotionally unstable. I also find this to be incredibly disrespectful behavior. What should I do?
These types of employee challenges are not uncommon. In fact, they occur each day throughout US organizations.
This is clearly an issue of how one manages emotional volatility and/or anger in the workplace. World-class companies, or for that matter any company, should not tolerate repeated acts of intense, disrespectful or disruptive outbursts of anger. This is a matter of job performance standards, of which emotional control and stability are necessary requirements for high-functioning people and teams.
My suggestion is that you make it very clear to this individual that future incidents may lead to her being placed on a performance plan, and that this could also impact her future at the firm. At the same time that you present this plan, it is advisable to suggest that she seek some practical coaching for her behavior. Finally, it works far better to give this negative behaviorally-based feedback within the context of valuing her many talents and your desire for her to succeed at the firm. Use the sandwich technique: positive-negative-positive.
-- HARRY SOBEL
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Handling repeated acts of insubordination
An employee was told on at least six different occasions by two supervisors and a plant manager to do a specific job and refused to do so. After explaining the consequences, the employee again refused to do the assigned job. He was then suspended, pending the return of our HR manager from vacation. We assumed he left the building, but after a production meeting he was at the job we assigned him to. When questioned, he said he changed his mind. We still suspended him. He has a documented history of insubordination. Do his actions warrant termination and should his change in demeanor affect our decision?
Ethically, it is my opinion that you have no obligation to keep this individual employed. You have given him ample warnings and opportunities to self-correct, and I assume that all of this has been documented. Most HR professionals would terminate this individual for multiple reasons, not to mention the fact that the company has been quite tolerant. On the other hand, some people do change! Whether you now terminate him depends on your willingness and capacity to tolerate the potential for further disappointment and disruption. A key question to pose is the following: By not terminating this employee are you setting a bad precedent for other employees, and does it devalue the authority of supervisors and managers? I think it might. My prediction is that he will not be capable of changing over the long haul.
-- HARRY SOBEL
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Employee resigns but refuses to leave premises
What do you do if an employee resigns but won't leave the office?
In these types of situations an HR department must play it safe and assume that the individual has some potentially serious emotional problems. The ethically sound approach would be to proceed from less intense to more aggressive steps to exit the person from the building: 1) counsel and talk to the person about what he/she is feeling and see if there are other issues impacting the fear of leaving; 2) ask your EAP counselor to come onsite and talk to the person; 3) call a family contact and let them know about the dilemma; and 4) if nothing succeeds, you will likely have to take legal action and involve local authorities. In all situations like this one, always make sure to consult with your corporate attorney and your EAP psychologist. This is a multidimensional challenge involving legal, psychological, safety and ethical concerns.
-- HARRY SOBEL
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