Hold that thought: give these caveats before an employee wants to talk 'off the record' - Management Tools

HR Magazine, Dec, 2002 by Paul Falcone

It only takes one time being in the middle of a "he said/she said" workplace scenario to know you never want to be in that situation again. There's no lousier feeling than when someone says "Paul Falcone told me...." How do you defend yourself when it's one word against another? How can you avoid putting yourself in the middle of sticky workplace situations, especially those involving other managers' employees? More importantly, how do you protect your company when employees volunteer potential conflicts of interest that require disclosure?

If you're the kind of person that other people like, trust and feel they can go to in confidence, that's a leadership quality that will set you apart from your peers. That same attribute, however, is a potential downfall if particular situations are not handled carefully.

Put It in Writing

My first encounter with a "he said/she said" situation occurred within six months of starting my first corporate human resources job. I was in charge of staffing at a small mortgage-banking firm. Our company gave merit increases on employees' anniversaries, but we often gave performance reviews at the end of new hires' three- month introductory periods to determine whether they were a good fit for the company.

Someone I had hired a few months prior made a formal complaint against me, alleging I told her in our initial interview that the company gave financial reviews--not just performance reviews--after the three-month introductory period. The line manager came storming into my office to find Out why I had made such a promise, which went contrary to company policy.

I explained that I had never made such a promise. Indeed, I told him that I never discuss introductory periods or performance reviews in any of my interviews. Needless to say, though, the damage was done: My credibility was cast into doubt, and my explanation only partially made up for the lack of communication that had occurred between his employee and our HR department.

The solution? I created a recruitment brochure that we attached to all new hire employment applications. It outlined many of the answers to questions that applicants typically had but were afraid to ask in the pre-employment process. Vacation days, public holidays, benefit plan options, annual merit increases, 401(k) matches, tuition reimbursement programs and parking costs all were included.

The lesson learned here does not apply only to HR departments. Managers should follow up any formal discussions with employees relating to sensitive issues, such as money or performance, with written documentation so that there are no misunderstandings.

Closed-Door Meetings

Be wary any time one of your employees--or one who reports to a different supervisor--asks to speak with you confidentially. How should you initially respond? If it's your own employee, respond this way:

"Janet, before you go any further, let me explain something to you. I can't have a confidential or off-the-record conversation with you if what you're about to say falls under one of these three categories: (1) discrimination or harassment of any sort, (2) the potential for workplace violence, (3) any type of ultimate conflict of interest between you and the company. If what you're about to tell me has to do with one of those three things, then I have an obligation to disclose that information to senior management. Other than that, though, feel free to tell me what's on your mind."

If the employee requesting a confidential meeting reports to another supervisor, then your response should be altered somewhat:

"Bill, when an employee who reports to another supervisor asks to meet with me off the record, my antenna goes up. You need to understand that it is not appropriate for me to hold a meeting with another supervisor's staff member if that individual wants to complain about management in any way. In that case, my responsibility would be to refer that employee back to his supervisor or, if that's not comfortable, on to the supervisor's supervisor. So before you open up to me with your concern, let me ask you: Does what you're about to say involve your relationship with your current supervisor? Or is it a problem with discrimination, harassment or potential violence in the workplace? If so, you really can't divulge the information to me confidentially. I'll have an obligation to disclose it to senior management."

Now, if it sounds cold to turn away an employee in need, remember that you could always offer the employee your help in other ways. For example, in the case of alleged discrimination, you should encourage the employee to go to human resources and even offer to go with him so that he feels he has an ally. That's a caring way of extending yourself while adhering to company policy and practice.

Second, you can take a "listen only" approach if the employee confirms that he simply wants career advice and has no issue with his current supervisor or any other potential conflict of interest with the company. In that case, though, beware: Simply creating a perception that you're in a closed-door meeting with another supervisor s employee may make you vulnerable to the "Paul Falcone told me" attack.