Gossip in the Workplace: Tip Sheet

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How Long Must You Wait to See Improvement?

How long should you wait for an employee to turn around and begin to show solid gains in improved performance after you've held a corrective interview? This is a tough question, but the answer is crucial because you can save a life, possibly, if you act with a cool head. A life!? Yes. Some employees have personal problems and they refuse to get help for them. But once you are "tired" of the problems, you become a runaway train for leveraging an employees into treatment, who will turn around. Although many supervisors would report knowing exactly how they would handle such a scenario--fire the bump-- in practice most supervisors deliberate too long and feel ambivalent. They stall. Such a decision may require making a judgment that weighs the urgency needed for change, the expectations of management, or the attitude demonstrated by your employee toward resolving his or problems affecting performance. Although waiting longer sends an unintended message of indifference, and enables your employee to grow worse, it is likely that a personal problem remains untreated and resolved if you are still seeing performance related issues. Be careful of your emotional reaction to your employee so you can effectively decide  what to do. Want some fun? Tell the employee: "My decision is to fire you today, right now, at this hour, and you can pick up your check at the front desk when you leave. However, would you like to hear my proposal in lieu of this decision?" There is no employee you have ever met in your career who will not say, "What?" as their next utterance to this question.. After the employee says "What?", say this: I am willing to hold this decision in abeyance under several conditions: 1) That you go to a professional counselor who can do an assessment. (Tip: Get an employee assistance professional to assist you. If you do not have an EAP, hire a professional t do an assessment via the list of experts available from the EAP Association). The assessment must include verification of attendance and follow through with recommendations. The counselor must phone me to verify. You must maintain a signed consent for the release of confidential information so the professional can contact me and maintain in contact with me for the purposes just stated. I don't require any other information." This employee is getting help, and you have salvaged your employees, possibly your best worker.

Discipline for Sexual Harassment Not Good Enough to Reduce Risk

If you are not referring employees to your company EAP after they have been reprimanded for sexual harassment, you don't have an expert to help you prevent a future occurrence of sexual harassment. So, good luck if you did not fire the employee or it was not serious enough. The disciplinary action may not stop an employee with a sexual addiction. You have no deterrence.

A firm management response often prevents a second offense of sexual harassment by an employee. But if an employee has difficulty with the control of impulsive behavior or a long history of personal issues that contribute to inappropriate behavior, something more may be needed. EAPs help employees examine any contributing factors to sexual harassment behavior. Sometimes the only factors are problematic social skills. In other situations, more complex issues may contribute to an employee’s inability to control behavior. For one employee, education and awareness may be the intervention of choice. For another, professional counseling or intensive treatment may be needed for a variety of treatable health issues that can lead to behavior problems in the workplace. EAPs discover that many employees are willing to accept such help with an incalculable cost-benefit to the organization.

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What If My Supervisor Is the "Troubled Employee"

If your company is of any appreciable size, you may have an employee assistance program. Regardless of what the insurance company's brochure says, the primary purpose of an EAP is a management tool to help the organization deal with at-risk troubled employees whose personal problems may affect job performance.

They get help by way of self-referral for their own reasons, or the supervisor makes a referral to the EAP based upon job performance. Your EAP is not an employee benefit like a free gym membership. It is much more profound than to call it a benefit. It is a programmatic approach for dealing with behavioral risk with an established "core technology" of elements that make an EAP an EAP. So, all of that said, what do you do in the situation where your boss is the troubled employee?

As a supervisor, you can't make a supervisor referral. So, now what?!

This question, often raised by supervisors during training, is not as difficult to answer as it may at first appear.

Assuming your supervisor is a troubled employee, it is likely that his or her performance, conduct, or attitude on the job is affecting you personally.

This means that contacting the EAP to help you resolve your problem with the supervisor's behavior is appropriate. The stress of a dysfunctional supervisor may be problem-solved many ways, depending on the circumstances.

This could include modifying the way you handle the stress to actually seeking organizational support in order to deal with a real problem. You may be able to discover creative solutions with the EAP counselor. Regardless, just as it would be appropriate to seek EAP assistance for ongoing conflicts with a co-worker, it is appropriate to seek assistance from the EAP if you are negatively affected by the behavior of a supervisor. This is always the best alternative to trying to "refer" your supervisor. So the surprise answer is that there is no one answer that fits all situation. However, the shortest route to discovering the most workable answer is to consult with the EAP expertyourself.

Preventing Unnecessary Compensable Stress Claims

A lot is said about helping to prevent compensable stress claims with employees -- a medical problem that has severely impacted workers' compensation premiums in recent years.

Well, according to National Underwriter, the largest circulating property casualty news magazine, the most important factor in compensable stress claims is the involvement of an attorney who works on the behalf of a client (your employee) who may have been injured, experienced a traumatic event, or had another experience that could later manifest itself as a "stress reaction." Dealing with crazy supervisors and stopping inappropriate behavior is a large piece of this risk reduction puzzle.

Once an attorney is involved, separating those employees who may be malingering from real stress reactions may be extremely difficult.

Events that follow attorney involvement may include sexual harassment, being forced to participate in illegal activity, or negative effects of a dysfunctional supervisor.

This is still a very controversial area of workers' compensation. Many states disallow reimbursement for stress claims because of the potential for and history of abuse by employees. (California not one of them. Very progessive thinkers--those California folks. Not sure if their financial reforms include reducing the allowance of compensable stress claims.) By the way, I do support compensable stress claims for PTSD, or even acute stress reactions to a point.

According to research, responding quickly to real employee complaints, offering true empathy, and speeding assistance to injured employees may be the best way to prevent the involvement of an attorney and then a compensable stress claim. Please -- begging you to hear this -- the best way to do this is to employ the services of an employee assistance professional who gets to know your employees very, very well, and who by way of promotion gets to be regarded as the "go-to" person to address personal problems.

Give this individual strong confidentiality protection of his or her employee records and make that match the CFR 42 Part II. What that!? These are the federal confidentiality guidelines that are considered the strictest in existence. They are more strict than the medical confidentiality laws that govern primary care physicians and your personal medical records -- even the deepest, darkest, medical issues at your doctor's office. You didn't know about these laws?

CFR 42 Part II was passed into law in 1970 by the Hughe Act that started the National Institute on Alcohol Abuse and Alcoholism. They protect alcohol and drug addiction treatment records but any counseling issue will fall into their provision when a counseling program address substance abuse and receives federal funding. In fact, it's mandatory. But your program or counseling services can adopt these counseling guidelines voluntarily, and I would suggest strongly that you do. Make it corporate policy.

Simply state officially that your employee assistance professional confidentiality and records conform to these laws and you will have a solid promotional tool to get employees calling for help. Promote it continuously.

Now you will a professional counselor working on your behalf to help employees and spinning down concerns, anger, crises, and complaints where appropriate. Recommend any injured employee get help from the EAP. Allow the EAP to do presentation on recovery from injury and stress.

The EAP will encourage employees in sessions to sign a release so it can help resolve issues that can lead to lawsuits and better get the employee's needs met.

EAPs are the underplayed, underutilized, and have been screwed up by managed care companies, most of which have exploited them for their own purposes of limiting access to mental health benefits in exchange for financial performance bonuses paid to top management for their success in doing so.

If the above was not the case, you would already know what I just described above and it would be "household knowledge" because EAPs are so powerful and effective in resolving enormous personal problems that cause companies huge financial losses each year.

Frankly, if you are paying high premiums for Employment Practices Liability Insurance (EPL) or Director and Officer's Liability Coverage, argue for a discount if you use an EAP that is onsite, integrated, tenured, and that has low staff turnover. You're at less risk. They insurance company only needs to do a survey of existing customers to discover this reality.

The mechanism I just described reduces lawsuits related to employment claims, plain and simple.