AHRE - Ethics & Issues
3/10/08
Terminating a high-level employee
What is the best practice to follow when a high ranking employee (for example a Vice President) needs to be fired in an organization? Should there be an official committee set up to handle this? Or can the CEO unilaterally terminate such a person?
"Unilateral" is a dangerous word. No one should be unilaterally terminated without first considering generally acceptable standards of ethics, laws, company policy and individual rights. Whether an individual is a high ranking VP or an hourly contributor should not make a difference in how an employee is handled. People are people, and world class companies respond to employees with a clear vision towards preserving personal dignity, the reputation of the organization, civil rights and employment law. How we terminate our employees impacts the people who remain, as well as future talent whom we want to recruit. Therefore, it is crucial to plan the event carefully, keep as much confidential as possible, resist the temptation to act impulsively or unilaterally, and involve only a few key people. An official committee is not a wise idea, even if the CEO will be the person who eventually delivers the news.
-- HARRY SOBEL
Derogatory employee e-mails
We have employees who e-mail derogatory remarks and comments concerning other employees while at work. First, I am wondering what steps I can take to address this, if any? Does this behavior fall into a human resource issue? Second, do you know if there are legal ramifications?
Part of this question is a legal one, other aspects relate to corporate policy on acceptable behavior and ethics.
E-mail is owned by the company, and to the surprise of many, a company can obtain copies of all prior emails should they need to do so for various reasons. This rarely happens and for the most part, employees should not worry that "Big Brother" is monitoring their communications. But it can happen, and it does happen periodically. The company owns the server and expects employees to follow guidelines of acceptable and socially appropriate behavior. This means refraining from the dissemination of derogatory remarks, in the public domain, about colleagues. It is our opinion that this is both a human resource issue and a legal challenge. HR has the responsibility of educating employees and the corporate community on what is and what is not considered unethical and/or illegal. Most organizations include this in their handbooks so that there is a clear policy on e-mail use. Employees who ignore the policy should be confronted directly. For some, it can be a reason for termination. Keep in mind, a hostile work environment can be established in cyberspace as much as it exists in the real world of hallways and offices.
-- HARRY SOBEL
Giving problem employees a second chance
I have a small medical practice with three staff members, one full-time office manager, and two other support, clerical roles. The other day one of the clerical workers had a disagreement with the office manager. The clerical worker became very upset and left for the day. She had another five hours to work. She never spoke to me, the owner of the practice. What do I do? She hasn't been a great worker, mediocre at best. I didn't fire her; she walked off the job without saying anything to me. Two days later, she called me and wanted to come back. I really don't want her back. What are my choices?
I suggest that you allow her to come back but highlight key performance concerns that you have observed. One concern is the fact that she walked off the job without notice, potentially hurting the smooth flow of patients in the medical practice. Let her know that you consider it irresponsible and that you expect employees to be capable of handling difficult emotional situations, including conflict. Continue to document the many areas that require significant improvement and change in the coming 60 days. Since she is probably an employee at will you could have terminated her for leaving work, but instead you are giving her a "last chance" to alter her performance. You should be clear that she runs the risk of losing her position if there are minimal observable changes. Then document your conversation in writing, and give the employee a copy. You still have the option of termination after 60 days if she has not met the specific criteria discussed. I believe in giving people at least one chance to self-correct even when we may have a strong sense that they will not succeed. This approach sends a valuable message to the rest of the office.
-- HARRY SOBEL
Terminating employment of a minor
I work at a privately owned business, and we hired a 16-year old employee. It did not work out and the minor is being terminated due to conflict with a family member who is also employed here. It has been recommended that I advise the minor's mother instead of telling the minor directly. Can I fire him this way? I'm wondering what the right thing to do is and legally what is the right course of action.
I recommend that you seek legal counsel for the latter part of your question.
But in regard to dealing with family members at work, I suggest you ask yourself the following. You can certainly fire the minor by telling his mother, but is that beneficial to the minor? Will he have an opportunity to respond to the termination and learn from his mistakes? Whether you speak with the individual directly or not depends on the individual situation. Do you foresee that the conversation will turn confrontational? If so, include his mother in the conversation. If he's fairly mature, inform him without involving his mother. You have an opportunity to provide him with valuable feedback he can use as he makes his way through the world. Stick to the facts and allow him to leave your firm with dignity.
-- ROBERT CHINSKY MATUSON
Requiring attendance at office parties
Can we require mandatory attendance at an annual holiday party which takes place on a Saturday night? We are particularly interested in exempt salaried personnel.
It sounds as though a number of people in your organization are deciding not to attend the annual Saturday night holiday party. Maybe it's because they have young families and are unable to find a reliable sitter. Or their significant others have laid down the gauntlet and are refusing to attend another company function. Or worse, they are disengaged with the organization and want to spend as little time as possible with management and co-workers. Together, we could come up with a hundred reasons why participation is down. But wouldn't it be better if you sought input from your employees?
Before the next holiday party rolls around, why not conduct a brief survey. Ask employees if they would rather attend a Saturday evening function or a catered lunch during office hours. Should family members be invited or should this be for colleagues only? Would they prefer a small holiday bonus in lieu of a big soiree? With this information, you will be able to plan an event where employees participate because they want to, not because they have to. If few employees respond, then it's worth holding some focus groups or using a climate survey to determine why employees are apathetic. This may be the shiniest gift they receive all holiday season.
You cannot require mandatory attendance for an event that does not occur during company time, and even if you could, why would you want to? A room full of people who don't want to be there doesn't sound like much of a party.
-- ROBERT CHINSKY MATUSON
Disclosing an employee's use of prescription drugs
An employee found an Oxycodone bottle of another employee at work and some coworkers found out. Is the company liable for anything that might happen later if the employee finds out that this information was shared with others?
Oxycodone is part of a group of drugs called narcotic pain relievers and is not an illegal drug. There is no exposure to the company unless the employee discussing the usage of this drug is the employee's manager and he is making disparate comments that could be perceived as defaming the employee's character.
If you have concerns that employees are gossiping on a topic that could make the employee who is taking this prescription uncomfortable, then it's best to remind them about the negative impact gossip can have in the workplace.
-- ROBERT CHINSKY MATUSON
Supervisor discussing employees' personal lives
Can a supervisor make statements about employees' personal lives to other co-workers? One of our supervisors has been sharing personal health and life information that they should not be.
It's not appropriate for a supervisor to be sharing personal health and life information about other employees. Inform the supervisor his actions are inappropriate. Let him know this is a verbal warning and that if he continues to act this way he will be subject to further disciplinary action up to and including termination.
If this is a common problem in your organization then it is time to provide additional supervisory training. Too often we assume that people should automatically know all the rules. As you can see, this is not always the case.
-- ROBERT CHINSKY MATUSON
Do you have a question for our panel of NEHRA HR experts? Submit it here.
