HR’s Version of “How to Say it”
NOT SURE HOW TO HAVE TOUGH CONVERSATIONS WITH EMPLOYEES WHEN YOU CAN’T “CALL HR”? NO PROBLEM! THIS WILL HELP YOU NAVIGATE THE MOST COMMON CHALLENGES.
Are you in what we call a “catch all” position? You run the office or operations, which by the way includes HR? Are you generally trained on following labor laws and organizing hiring and employee management? Or are you learning as you go? Either way, from time to time, you face out of the ordinary challenges you aren’t sure how to respond to.
It is true that some employee management challenges need the guidance of a trained professional. Access to an HR consultant or even an attorney, the more expensive option, is a great option. But you can put yourself in a position to handle common inquires and challenges. Sounds easier and cheaper, right? And if you are that “go to” or “catch all”, I’m willing to bet you want to improve at leading and build your confidence in what can be solved.
Here’s a list of the most common employee management challenges we see every day, with guidance on how to initially respond to and then see through to a solution.
Recruiting & Hiring
Job Applicant asks:
- How are your hiring decisions made?
Answer: Our interview process generally runs for X weeks at which time we will select and offer the position to the most qualified candidate.
- Why are drug tests or background checks required?
Answer: Because of how we are licensed and regulated (or in the interest of workplace safety) we require all applicants who have been offered a position to pass a drug test (or background check) as a condition of employment.
- I am pregnant (or have another medical condition). How will that affect your hiring decision?
Answer: Our hiring process fully complies with Equal Employment Opportunity standards. No applicant is ever discriminated against, including denied an opportunity for employment, based on any protected condition, including pregnancy.
- How long will my resume or application be considered for current or other open positions?
Answer: Generally, no less than 1 year.
New Employee Orientation or Onboarding
New Employee asks:
- I “forgot” to mention I need time off (several days) for an event. Will I be paid?
Answer: Let’s refer to the policy in our Employee Handbook that you received a copy of. (Follow policy).
If no policy, or unclear, answer is: We will handle this according to how we have handled similar situations, although rare, in the past. Generally, the time will be unpaid or (if applicable) you can elect to borrow against your Paid Leave benefits that become effective on X date.
- What happens if I am late or need to leave early?
Answer: Our attendance policy is described generally in our employee handbook and we ask that you follow it. Anything not answered by policies in our handbook related to attendance or requests for time off can be brought to your supervisor.
- Is there an option from me to work from home?
Answer: Generally speaking remote work is only offered for qualifying roles and in qualifying situations, in a manner that all rules, requirements and expectation are reasonable and clear. You should discuss this in more detail with your supervisor.
Employee Complaints
Employee tells you or reports that:
- I am being harassed or discriminated against by my supervisor or another co-worker, but I am not sure I want anything “done” about it yet.
Response: “Thank you for having the courage to report this. This is a serious matter and must be investigated as described in our employee handbook. Please refer to our no retaliation standard and be assured that all efforts will be made to preserve confidentiality up to the point it is no longer reasonable to do so.
- My supervisor is creating a hostile environment by yelling all the time.
Response: An accusation of a hostile work environment is quite serious and should be investigated if your supervisor is violating our anti-harassment and non-discrimination policy. Describe for me what is going on and then we can decide together how to proceed, including an investigation if necessary.
- I am having a really hard time with my job duties and just need someone to listen.
Response: This is an open-door environment and I am always happy to hear your concerns. Generally speaking I will hear you out and offer suggestions, including speaking to your supervisor directly so the two of you can keep working together effectively.
- I can’t get along with this co-worker and need to be moved.
Response: I am sorry you are feeling this way. You are not required to personally like everyone you work with but we do ask that everyone behaves professionally. In the interest of team play I would like the two of you to consider scheduling a time to work through your differences; with my help or the help of your supervisor.
Employee Requests
Employee asks or tells you:
- I am in a lot of pain from X and need the next four Fridays off for physical therapy.
Response: We would be happy to accommodate you. Are you able to provide a note from your treating physician who states the need for this time off?
- My child is sick and I need to leave early. Can I work from home?
Response: I am sorry to hear that. Your supervisor should be told immediately so back up coverage or the option to work from home can be discussed and ironed out.
- I am having a baby and will need FMLA time off. How does this work?
Response A: Congratulations! Since we are a company with less than 50 employees we are not required to offer FMLA specifically. However, we do have a process when requesting unpaid leave for any qualifying medical condition. Please refer to the policy in our Employee Handbook and then see me with additional questions.
Response B: Congratulations! Since we are a company with more than 50 employees you will find our FMLA policy in our employee handbook. I will need your request in writing (use form) and ask that this form (certification of health care provider) be completed and returned, preferably before your last day of work before leave.
- My medical issue may require me to take longer than 12 weeks of FMLA. How will that be handled and what happens to my health insurance?
Response: Once FMLA is exhausted we will move you to inactive status, at which time you will no longer be able to satisfy eligibility requirements with our health insurance carrier. During inactive status we ask that you continue to provide periodic updates on your progress and intention to return to work. After 12 weeks, your group health coverage will be terminated and you will be offered a chance to continue coverage through COBRA.
- My doctor has released me to light duty, but I’d rather stay home until I can work my regular job.
Response: Unfortunately, that is not an option. If your treating physician has released you to safely work in an available alternate role while you recover from your injuries, we expect that you do so unless you are eligible for FMLA. If you are not eligible for FMLA, and do not wish to return to work, you are free to voluntarily resign.
Employee Conduct or Work Performance Concerns:
You witness or the supervisor/manager needs helps with:
- Employee appears or is reported to be intoxicated or “under the influence”.
Response: We have reason to believe you have reported to work in an impaired state. Is there anything we should be aware of?
In the interest of safety and in support of our substance abuse policy I am asking you to submit to a drug test.
Employee gets upset: I understand why this may bother you. We ask this of anyone for which there is reasonable suspicion. If the results are negative, then you have our apologies.
Employee refuses: Be advised that refusal to do so may result in suspension or termination of employment.
- Client or co-worker reports or suspects theft.
Response: Unfortunately, your work area has reported theft for which we must investigate. While we investigate we need to (A) temporarily re-assign you (if this is a reasonable, secure option) or (B) place you on administrative leave (choose from paid or unpaid depending on severity, evidence, circumstances).
- Top performing employee is suddenly having attendance problems are making a lot of errors.
Response: We have noticed a sudden, negative shift in your work performance. Is there something going on that we should know about or can help you with?
- Written Warning.
Response: We are here discussing this because prior verbal warnings about X have not worked. We are really concerned about your performance and it must improve. Please sign this document and add comments are you see fit. I am also open to any feedback you have on what we can do to support your in improving.
Employee gets upset or defensive: I am sorry you feel that way. This is a job requirement for which we must see improvement. If you feel this is no longer that place you wish to work you are free to voluntarily resign and we will wish you well in your next endeavor.
Employee refuses to sign: That is your choice. I will just go ahead and write in this line that notes “refused to sign” and you can sign there.
- Final Warning (Action Plan).
Response: We have to come to a point for which I feel a very specific plan of improvement needs to be put in front of you, so we can be very clear on what you need to improve on in the next 30 days in order to keep your job. We do not take this step lightly and want you to succeed. But understand this is your final warning for the need to improve on very specific aspects of your work.
Employee gets upset or defensive: I am sorry you feel that way. This is a job requirement for which we must see improvement. If you feel this is no longer that place you wish to work you are free to voluntarily resign and we will wish you well in your next endeavor.
Employee refuses to sign: I am sorry you feel that way. These are job requirements for which improvement is 100% necessary and required. If you feel this is no longer that place you wish to work you are free to voluntarily resign and we will wish you well in your next endeavor.
If you are the person within a small business that had HR duties merged into the rest of your role, I’ll end with this. You can learn HR basics! Those new skills and experiences go a long way in advancing your career and your overall effectiveness. All that is above dips your toe in the water nicely. But keep two things in mind:
- Don’t go it alone!
There are plenty of affordable and quality external resources out there, like HR consultants, to call on when something gets too tricky or complicated. Minimize risk by understanding when something routine has turned into something with potential legal consequences.
- HR duties doesn’t mean all the hard conversation are on you.
Before getting too far along in handling an employee challenge, ask yourself “should the leader be handling this”? If the answer is yes, re-direct! HR is an aid, a guide, a support system. They are not there to do the leader’s job for them – including having hard conversations.
This article does not constitute legal advice and there are subtle variations in employment law as it pertains to this topic, depending on where your business operates. It is strongly suggested that you seek consultation or legal counsel before making decisions about policies.
Click the link to view the recent blog: Five Easy Steps to Design Insightful Interview Questions or check back for more on human resources, payroll, insurance and benefits.
