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Free Speech in the Workplace: Navigating Rights & Respect

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HR Question

In an era of polarized opinions, instant communication, and frequent social media interactions, HR professionals face the challenge of balancing employees’ free speech with maintaining a respectful workplace. How do we handle these sometimes-conflicting aspects in employment?

HR Answer

We see employee communications often that cause us pause.

  • An employee calls their boss “incompetent” on social media.
  • An employee shares controversial opinions outside of work.
  • An employee writes a memo to coworkers criticizing diversity efforts.
  • Two coworkers clash over a social issue.

So as an employer, how do we handle these types of situations? As with many things in HR, the actions you can take surrounding such issues denoted as “free speech” depends on the situation. Many employers use “at will” employment (if applicable) as the foundation for disciplinary actions or even termination in free speech situations, but it is far more difficult than that. Employers must consider the culture, the internal policies, and more importantly the relevant laws that protect speech when addressing free speech issues both inside and outside the workplace.

Understanding Employee Free Speech Rights

To dive into how to handle these types of issues, it is important to first understand free speech rights overall. The First Amendment of the U.S. Constitution prohibits suppression of speech, but it does not apply to private employers. However, there are some regulations that may protect speech in the workplace and employers need to be aware of these.

  • The National Labor Relations Act (NLRA) protects workers’ rights as it relates to “concerted activities” which can include employees talking with one another about workplace concerns. Think about such things as workers discussing unsafe working conditions or a group joining together to talk about better pay and benefits. These are protected activities.
  • Title VII of the Civil Rights Act of 1964 and other federal laws such as Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA), provide protections against retaliation in certain claims. These laws protect employees who, in good faith, make a complaint about perceived discriminatory activities which can protect things they say. Title VII also actively protects religious speech through its accommodation provisions, provided employees express their beliefs in a non-disruptive manner.
  • There are Federal and state whistleblower protections that safeguard employees who report illegal or unsafe practices. Retaliating against a “whistleblowing” employee can lead to legal liability. This could be an employee reporting safety concerns or perceived illegal activities by management.
  • State Laws that address religious or political expression. Many states have laws that protect employee speech or activities outside of work, including religious and political speech. As a general example, states like California and New York have laws that prohibit employers from discriminating against employees for their political activities or affiliations. Additionally, states such as Colorado, California, and North Dakota have statutes protecting any lawful activity off the employer’s premises during nonworking hours. Other states actively protect employees by prohibiting employers from requiring them to attend political events against their will.

    Despite legal protections, employers do have wide latitude to regulate speech in the workplace, and quite frankly, a responsibility to do so. So, as an employer, what can you do to create a cohesive workplace?

    When Can I Limit “Free Speech” in the Workplace?

    HR professionals are responsible for determining which types of speech are permitted, which are restricted, and for applying rules in a consistent and equitable manner. Considering the legal aspects related to free speech, under what circumstances may employers restrict speech or conduct? The following examples outline situations where employers can limit “free speech” in the workplace and where action is permissible.

    • Work or Productivity Disruptions. Employers can prohibit on-the-job speech that interferes with work. Gossip, heated political debates during meetings, or any other conversation that hampers productivity can be limited.
    • Violations of Anti-Harassment/Discrimination Policies. This one is “easy”. Employees do not have the right to harass or discriminate against others using the excuse of “free speech”. If an employee uses slurs, makes derogatory comments about a protected group, or creates a hostile environment for a coworker, the employer not only can intervene, but they must, and the law is on the employer’s side to make it stop.
    • Incivility or Bullying. Beyond legally protected categories, many companies have policies that ban profanity, personal insults and general bullying behavior to foster civility. These policies are legal as long as they are applied neutrally to all and do not infringe on the protected categories noted above by federal and state law. Employers can even include a ban on political discussions at work, in the interest of civility.
    • Confidential Information. Release of confidential information. Company rules against disclosing trade secrets, confidential client data, or personal information (like medical or financial data) are acceptable to limit conversation.
    • Damages the Company’s Reputation or Operations. Employers can discipline employees for speech that, while off-duty, clearly impacts the company. Many violations in this category are captured by a company’s social media policy.

    Employer Responsibilities – Maintaining Employee Rights, Protecting Employees and Protecting the Culture

    What steps can be taken to promote respect and civility in the workplace? The following are some strategies that may help reduce the likelihood of conflicts related to free speech.

    • Prevent and Address Harassment. Ensure you have strong anti-harassment and bullying policies and that complaints are promptly investigated and addressed.
    • Non-Retaliation. Inform managers about employee free speech surrounding protected activities – even if they do not agree with their opinion. Managers cannot fire employees for raising concerns about pay inequities or for participating in an OSHA investigation. Be sure you are training your managers about these potential legal protections.
    • Consistent and Fair Enforcement. Be consistent in your application of policies and discipline. If personal postings are prohibited on the company bulletin board, this rule should extend to all items. Do not allow school fundraising solicitations and then ban political ads. Consistency and neutrality are key.
    • Clear Policy and Updated Handbook. To effectively manage free speech issues, clear policies are essential. Be sure your employee handbook includes a code of conduct, a social media policy, and dress code or display guidelines. Many companies clearly state exceptions in their policies to ensure employees can discuss working conditions or participate in protected activities. Consider having your legal counsel review these policies.
    • Culture. Laws provide the framework, but the reality of managing free speech in the workplace is shaped by organizational culture. HR professionals play a crucial role in fostering an environment where employees feel respected and heard, without allowing personal viewpoints to spiral into conflict. It is essential to encourage respect while accommodating diverse opinions and thoughts.
    • Responsive HR Department. Conflicts over speech are inevitable, regardless of the policies and training in place. How HR responds can make or break trust. It is important to address complaints about offensive speech with seriousness and impartiality. Consistent and fair handling of such issues reinforces the company’s commitment to respect.

    What to Remember

    Free speech in the workplace requires a careful balancing act. HR professionals, along with legal counsel, must guide their organizations to balance free speech and workplace realities. Recognize the protections of employee speech and honor those protections. Restrict speech that interferes with work, violates anti-harassment or discrimination policies, or damages the company’s reputation. Cultural leadership is key, fostering a workplace where people feel free to be themselves, while civility and mutual respect lie central.

    Thank you to Alisa Fedders, SPHR, Director, Outsourced HR and Patti Dunham, SPHR, SHRM-SCP, Director, Business Strategy & Quality for their contributions to this article.

         

         

        Clark Schaefer Strategic HR's wheel of HR Services, including HR Strategy, Recruitment, Training & Development, Benefits & Compensation, Communications, Employee Relations, Recordkeeping, and Health, Safety & Security

        Investigations With Intention

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        HR Question:

        I just received a complaint about an employee doing work for his other job on our company’s time, and it is going to require an investigation. What do I need to know before getting started?

        HR Answer:

        Conducting an employee investigation is a serious matter that must be handled well, utilizing a fair, consistent, and compliance-driven process to protect staff and keep companies out of legal trouble. Whether it is harassment, ethics violations, unprofessional behaviors, or even illegal activity, HR professionals must swiftly address and investigate complaints with skill and expertise. Here are some things to keep in mind as you prepare for the investigation and read about how a recent situation was specifically handled.

        Who should conduct the investigation?

        It is essential that you choose a qualified, neutral investigator. According to the Association of Workplace Investigators (AWI), the investigator should be professionally trained, impartial, objective, and skilled. Some organizations are able to fulfill these requirements in house, others use a neutral, external party to assure non-bias in the investigation.

        In this case, the company’s HR Manager has been trained in conducting investigations. Since the employee allegedly doing other work on company time does not work under her chain of command, she will conduct the investigation. She will work with her manager, the Chief Operating Officer, to establish her interview questions and, if necessary, review the results of the interview to determine the appropriate action to take with the company’s employment attorney.

        Investigate promptly

        It is a priority to swiftly investigate employee allegations while being objective, thorough, and confidential. Proper preparation for the investigation is essential, so start preparing and conducting the investigation immediately after a complaint is made. A quick response shows concern for the employees involved and an intent to get to the bottom of the issue and find a resolution. This fast response also allows for improved recall for the complainant and the witnesses, as well as the accused. It is harder to say “you can’t remember” what happened to something that happened yesterday versus a week or a month ago.

        Here, our HR Manager prepared her interview questions and scheduled interviews to begin within 48 hours of the allegations being made. The goal was to complete the interviews within three days.

        Follow a consistent, documented process

        Your organization should have a standard procedure for conducting investigations. Follow your process, which should include getting the complaint in writing, as well as verbally. This allows you to carefully assess and dissect the allegations to determine the potential policy violations to prepare for the investigation properly. If you conduct the investigation internally, make sure all individuals involved are treated similarly and use a consistent process to get to the truth.

        In order to protect employees, you may need to consider placing those involved on a temporary leave of absence or reassigning of location or job of the employees, depending upon the nature of the investigation and those involved.

        In this case, the HR Manager was following the process of conducting investigations as outlined in the employee handbook.  She also had the person who reported the allegations, a co-worker of the individual, write down what they alleged happened.  They reported seeing the employee come into work at 8:00 AM one day this week and two days last week and meet with a visitor who had nothing to do with their job.  The meetings lasted 30-40 minutes and took place in the employee’s office.

        Interview questions

        Craft interview questions carefully and consistently for an investigation. Include questions that get to the facts, including the who, what, where, when, how, and why.

        This is not the time to gather opinions about someone or something; instead, focus on getting to the facts and the behaviors that resulted in a potential policy violation. For instance, if an employee says, “He treats me differently than everyone else,” dig deeper to understand the precise actions or words that illustrate this different treatment. A specific statement like “I heard him tell Jeff he could take the rest of the day off without reporting it, whereas I must report all my time off” clarifies the real issue behind the complaint.

        One of the primary goals for the complainant’s interview is to establish tangible statements or actions to investigate. Interview questions can then inquire about those details. If the investigation is related to harassment, review this article on handling those specific types of investigations.

        Our HR Manager had specific questions for the coworker, the employee, and the payroll coordinator, including who the employee was meeting with, the purpose of these meetings, whether anyone else had observed them, the exact dates they occurred, and the hours the employee had recorded on their timecard.

        Conducting the interview

        During investigations, tone is an essential piece of the interview. All conversations should begin by outlining the process and timeline, and letting participants know that the information obtained will be kept as confidential as possible. Do not guarantee confidentiality. Proper interviews protect the privacy of individuals who are involved in the process, as much as possible. Information obtained during the interview process may need to be shared to verify or validate facts.

        The actual interviews are critical to an investigation to obtain the facts and provide essential information for the proper outcome, but they can also go horribly wrong. Interviewers must be well-trained, calm, focused, and neutral or objective. Proper interview techniques can result in a positive experience for all involved. Interviewers who take a strong, very forward approach can be perceived as intimidating and potentially create an uncomfortable environment for those involved. Interviewees who are not comfortable and become defensive are less likely to share relevant information. It is recommended that interviewers balance their approach to firm but fair, avoiding potential claims of an unfair investigation.

        Interview location

        Finally, be sure to consider the timing and location of the interviews. Conduct interviews in a private location where no one else can listen in or observe from glass walls or windows.  Interviewers may want to have a neutral third party present in the interview to observe, take notes, watch for nonverbal behaviors, or ensure the safety of all parties involved. Consider whether you wish to record the interviews and use transcription or AI to help accurately record the conversations. Be sure to consider recording laws in your state as you consider how to take notes.

        In our situation, the interviews were conducted in a private conference room, where no one could listen. Two other employees were identified as having witnessed the visitors in the employee’s office. The interviews were recorded, as no one else was available to be an observer or take notes, and our HR Manager wanted to be fully focused on the conversation and ensure that nothing was forgotten during the interviews.

        Document your findings and take action

        Treat all documentation for investigations like you are going to court…even if it is ten years from now. Yes, court proceedings take a long time, and even if “this was an easy one,” it is better to document all investigations consistently from the moment they begin. Keep detailed notes on who, what, and when it was discussed. It is also helpful to organize and review your notes upon completion to make sure they are clear after many years.

        Once the interviews are complete and all information is obtained, it is time to decide on the resulting actions and move on them. Determine whether policy violations occurred based on the evidence. Take disciplinary action if appropriate and according to organization policy. Communicate with all parties involved about the results and action taken. This responsiveness shows commitment to the decision and how seriously misconduct is taken. If training is part of the recommendation, schedule or conduct it quickly as well.

        Our HR Manager learned through her investigation that this employee has a part-time job outside the company. He has brought customers from this external job into their office on at least five occasions, meeting with them for at least thirty minutes.  In addition, the employee had reported on his timecard that he was working for our company and during these meetings.  The HR Manager and her COO determined the employee had violated their “Outside Employment” policy and their “Reporting Work Hours” policy in their handbook.  After reviewing the situation with their employment attorney, the employee was issued a written warning and put on a two-day unpaid suspension for these policy violations.

         

        All of these items are important to ensure proper investigations are conducted, but note that investigations are only part of the picture. For success in dealing with difficult situations and building a culture of civility in the workplace, much more is needed.

        • Build a culture that supports doing the “right thing.”
        • Have a policy in place that allows you to act if necessary.
        • Communicate that a comfortable and confidential reporting system is in place so employees can have open and honest discussions about what is happening in the workplace.

        Human Resource professionals have the ability to make a difference in handling issues internally with proper processes and reporting mechanisms in place, along with knowledgeable and experienced investigators.

        If your organization is looking for an independent third-party to provide unbiased workplace investigations, Clark Schaefer Strategic HR is here for you. We have over 30 years of experience conducting employment investigations allowing you to focus on your daily work while we carefully conduct the investigations for you. Please visit our Outsourced HR Solutions Page for more information.

        Clark Schaefer Strategic HR's wheel of HR Services, including HR Strategy, Recruitment, Training & Development, Benefits & Compensation, Communications, Employee Relations, Recordkeeping, and Health, Safety & Security

        NFP Workforce Reductions: Plan Ahead for Economic Shifts

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        HR Question:

        Our not-for-profit organization is concerned about potential workforce reductions due to economic uncertainty. What steps should HR and leadership take now to prepare for a fair and legally compliant reduction in force, and how can we support both impacted and remaining employees through the process?

        HR Answer:

        No not-for-profit (NFP) leader wants to think about layoffs until it’s too late. But with ongoing economic fluctuations, funding shifts, and rising operational costs, proactive planning is critical to avoid crisis-mode decision-making when facing workforce reductions.

        Reduction in Force Plan

        A well-prepared reduction in force (RIF) plan can reduce anxiety for leadership, board members, and staff alike. It ensures legal compliance, protects sensitive information, and upholds your reputation. Most importantly, it allows your organization to navigate tough transitions with fairness and transparency — qualities your donors and community expect.

        Build a Cross-Functional Reduction in Force Team

        Don’t wait until financial trouble hits to determine who handles layoffs. Assemble a team now: Executive Director, HR lead, Finance, Operations, and a Board representative. This group can evaluate workforce costs, funding scenarios, and program priorities before hard choices arise.

        Assess Alternatives First

        Before cutting jobs, explore all options: restructuring duties, reducing hours, implementing hiring freezes, or seeking bridge funding. Sometimes, creative solutions can preserve jobs and maintain mission delivery while buying time for recovery.

        Clarify Selection Criteria

        Be clear about how you’d determine which roles or employees are affected. Factors may include funding sources, program priorities, performance, seniority, or legal considerations. Document your criteria and have legal counsel review your plan to avoid unintentional discrimination or bias.

        Prepare Key Documents in Advance

        Draft templates for separation letters, severance agreements, and FAQs ahead of time. Having these ready ensures you can communicate swiftly and accurately. Scripts for managers help standardize how sensitive news is delivered.

        Communicate Early and Often

        If layoffs become likely, share high-level information with staff about the organization’s financial picture and the steps leadership is taking to protect jobs. Transparency builds trust and reduces fear-driven rumors.

        Provide Resources for Smooth Transitions

        Consider partnerships with career counseling or job placement services. Compile a resource guide for affected staff. Clear information about unemployment benefits, COBRA, and retirement accounts will ease anxiety during a stressful time.

        Check In with the Survivors

        Planning doesn’t stop after the layoff. Follow up with remaining staff to answer questions and address morale. Reinforce your vision for moving forward and remind your team of the mission they continue to serve.

        Preparation is Key

        Be sure to stay aligned with your organizational needs and strategy in anticipation of potential impacts. No NFP hopes to face a layoff, but thoughtful preparation can turn a reactive crisis into a managed transition. By planning now, your organization can protect its people, its mission, and its good name when faced with tough economic realities.
        Need help thinking through a Reduction in Force plan? Clark Schaefer Strategic HR can help. Connect with us today and ensure your organization is prepared.
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        Unleashing Employee Potential Through Competency-Based Job Descriptions

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        by Linda Gravett, PhD, SPHR

        How many times have you heard statements like these from your employees?

        “I have no idea what my official job duties are.” 
        “My job description mainly says ‘other duties as assigned’.” 
        “I’m evaluated on things that aren’t even in my job description.”

        If you’ve heard these complaints much too often, perhaps the time is right for your organization to develop competency-based job descriptions.

        A competency-based job description has one significant feature that traditional job descriptions do not possess. In addition to listing duties assigned to a position, the skills and behaviors required to successfully perform these duties is also included. This feature does the following:

        • Enables recruiters to fully describe job requirements
        • Helps supervisors adequately explain areas for improvement during reviews
        • Lets employees understand skills they must acquire if they’re interested in other positions within the organization

        Here’s how competency-based job descriptions are used on a practical basis:

        Employees are often told that communication skills are important. Does that mean written, verbal, body language, or all of the above? An example of communications competency components that I’ve helped one of my clients identify is:

        Communications

        1. Negotiating – dealing with others in order to reach an agreement or solution; for example, consensus building
        2. Persuading – dealing with others in order to influence them toward some action or point of view; for example, recommending an innovative solution to a problem
        3. Instructing – expanding knowledge or skills enhancement, in either a formal or informal setting
        4. Interviewing – conducting interviews directed toward some specific objective; for example, interviewing job applicants
        5. Routine Information Exchange – giving or receiving job-related information
        6. Public Speaking – making formal presentations before internal or external audiences
        7. Writing – writing and editing concise, clear letters, reports, articles, or e-mails
        8. Effective Listening – actively engaging in conversations in order to clearly understand others’ message and intent

        Employees are often advised how important it is to be a “team player.” The supervisor may have a definition of a “team player” in mind that is vastly different from that of the direct reports he or she supervises. This was the case with another client who developed this set of statements to describe teamwork:

        Teamwork and Collaboration

        1. Establishing Rapport – establishing and maintaining a good rapport and cooperative working relationship with all members of the organization
        2. Taking Initiative – showing flexibility in joining ad hoc teams and taking on extra responsibilities when required
        3. Choosing Communication Methods – effectively selecting the appropriate communication method to fit the situation
        4. Involving Others – involving coworkers and direct reports by sharing information through reports, meeting, or presentations
        5. Soliciting Input – asking for input from others through reports, meetings, or presentations
        6. Respecting Others – treating others with respect, regardless of position or function
        7. Influencing – using relationships to influence others to take risks for the good of the overall organization
        8. Facilitating Brainstorming – initiating brainstorming sessions when required to ensure that team members are invested in team activities and decisions

        I don’t recommend that an organization use a “canned” approach toward developing competencies. Your organization’s Mission and Vision statements are the starting point to develop competency-based job descriptions. Why does your organization exist? How does your organization want to do business in three years? five years? What skills and behaviors must your employees have in order to successfully carry out the Mission and Vision? I advocate the company leadership taking time out to address these questions, with the input of Human Resources, to determine the unique set of competencies the organization requires.

        I believe you’ll discover that a core set of competencies will be required organization wide. For example, one of my clients concluded that Communications, Teamwork and Collaboration, Research Skills, Innovation, Problem Solving, Coaching, Developing Goals and Objectives, and Leadership were all required to some degree. As an employee moves to the manager and executive level, the scope, impact, and level of sophistication increase. One size (job description) does not fit all.

        For my clients that are now using competency-based job descriptions, there have been some clear advantages and some implementation challenges. The advantages are:

        1. Lower turnover because of better matches between applicants and jobs
        2. Less ambiguity during performance reviews because supervisors can provide more concrete examples of expectations
        3. More clarity about skill sets required for career development throughout the organization

        Change is not easy to accept, even when the change will be beneficial to individuals and the organization. Some supervisors prefer room for subjectivity in hiring and promoting decisions. It’s so much easier to check a box for “Initiative” and “Dependability” than to think about specific behaviors and how those behaviors demonstrate competency. Those same supervisors, however, desire much more specificity when their review time rolls around!

        I recommend that cross-functional, multi-level focus groups work together to develop the competency components – following the leadership’s articulation of the core competencies required for the organization to survive and thrive. I’ve found that this promotes buy-in and encourages employees to start developing a new language to describe how work gets done.

        If you decide to move toward competency-based job descriptions, don’t forget to revise your performance reviews so they’re parallel. The competencies and their components on each individual’s job description should reappear on the performance review. Employees that I’ve talked with really appreciate the consistency!

        Dr. Linda Gravett, PhD, SPHR is with Gravett & Associates (www.Gravett.com). If you have any questions or wish to share your comments with Linda, you can contact her at Linda@Gravett.com.

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        HRIS Software – What Does “Determine Your Needs” Mean?

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        By Clay Scroggins with CompareHRIS.com

        If you have read any articles on selecting an HRIS, HRMS or HR software programs, they all say you first have to determine your needs. The phrase is used so often it’s almost a cliche. I am not saying that people who say this are wrong; far from it. I am just amazed at how little depth is behind the words. Determining your needs for a human resource program is extremely important and it’s no easy task. In order to find a system matching your needs, you need to be as detailed as possible with creating them. The better the job you do on this step of the process, the more successful you will be with your final decision.

        Why is determining needs so important for HR Software?

        In my research, there are over 60 US or Canada based companies that offer an HRIS or HRMS software application. If we include human resource outsourcing and service bureau companies in this list, you might very well be talking about over two or three hundred companies. Your job with determining your needs, as I see it, is to narrow this list from several hundred companies to a handful and then, following your evaluations and research, find the system that offers the closest match to your needs, requirements and budget. When you look at “determining your needs” in this way, it sure sounds like more than a simple cliche.

        As someone who has sold HR information systems for more than fifteen years, my first meeting with a prospect was to determine what their needs were for an HRIS application. Most had something written down but rarely provided enough detail. Following, is a typical needs list from one of my customers.

        Looking for an In-house or hosted HRIS application that meets the following needs:

        1. Tie to our outsourced payroll application 
        2. Windows based 
        3. Easy to use 
        4. Salary History 
        5. Track dates for review, birthdays, and anniversaries 
        6. Salary Grade Analysis 
        7. Benefits information 
        8. Custom fields or custom screen options 
        9. Affirmative action tracking 
        10. Track training information 
        11. Employee Self Service Option 
        12. Easy to use report writing with the following standard reports:
        13. Turn over reports
        14. Birthday reports
        15. Anniversary Reports
        16. New Hire Reports
        17. EEO Reports
        18. OSHA compliance reports

        Does this list look familiar? I am willing to bet that this list is very similar to your own. I’m going to let you in on a little industry secret. All of the vendors who have sold HR software systems have heard this exact list of needs hundreds, if not thousands, of times before. So it’s not surprising that almost all of them offer these exact capabilities. Some meet each need easier or in greater detail but on the surface they meet all of these capabilities. Your list of sixty HRIS vendors is still pretty much at sixty vendors.

        Going to an HR software vendor with the list above is sort of like going to a car dealership and saying you want a car with an engine, seats, four tires, and that runs on gas. They all do it.

        So how do we narrow down the list?

        Step One – Determine if you are looking for hosted HRIS solutions or in-house HRIS programs. Actually, under hosted HRIS there are really two options, subscription and hosted HRIS.

        Subscription Service solutions (also referred to SaaS or PEPM) are sometimes referred to as multi-tenanted, as many companies share a system that has been configured for general use. The software and the data reside on servers in a secure facility, managed by the Vendor, where you access it from a Web browser. These solutions do not require IT support on your part. They usually require a set-up fee and you typically subscribe to this service on a month-to-month basis based on your employee population for a minimum term.

        Licensed/Purchased solutions are sometimes referred to as In-House or On-Premise solutions. You pay a one-time license fee and your IT department installs and maintains the solution on your hardware using your network. Licensed software is configured to your particular needs. There are implementation fees to set up the software. Ongoing annual Support fees are a percentage of the original license cost.

        Licensed/Hosted solutions are the same as Licensed/Purchased with the software being configured to your particular needs. The difference is, however, the Vendor hosts your software in its secure facility and provides the back office I.T. support. There are still implementation and Support fees. There is usually no minimum term as you own a license.

        Step Two – How much money do you have to spend? HR software varies widely in price. You need to determine how much budget money you have to spend before arriving at your short list of vendors to review. You will waste your time if you have People Soft needs on a Microsoft Excel budget.

        Determining how much you can spend is, not surprisingly, a little tricky. With the hosted or subscription vendors you are going to spend less up front but so much per month or per payroll cycle. In this case, you would need to find out how much you can spend per month or year. With a licensed in house application, most of your investment will be up front but you will have annual support costs going forward. Even with licensed options, you can spread the payments over a period of time by leasing the software.

        Step Three – Increase your HRIS or HRMS IQ. Before deciding exactly what capabilities you are looking for with an HR software application, it’s obviously important to understand what your options are.

        Clay C. Scroggin has over fifteen years experience in the human resources software industry. Clay is President and Owner of CompareHRIS.com, a web site dedicated to assisting HR professionals with their search, selection, implementation and use of HR systems. CompareHRIS.com offers an extremely comprehensive HRIS selection tool to assist you with your HRIS, HRMS, or Human Resources software selection process. Make sure to download CompareHRIS.com‘s free HR and Payroll Software Buyer’s Guide.

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        Tips For How To Have Difficult Conversations With Employees

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        Photo of manager and employee having a difficult conversation

        HR Question:

        Each time I take on a new role managing staff, I find myself needing to have difficult conversations with employees about sensitive issues. I’ve had to deal with hygiene issues, someone who wore too much perfume, and even someone who wore an unsightly shirt every single day. What is the best way to deal with these issues and talk with employees about these sensitive topics that are impacting others?

        HR Answer:

        Most business leaders will tell you that having difficult conversations with employees is one of the most challenging aspects of their leadership position. Whether it’s a team member with a notable hygiene issue or a co-worker with an exceptionally sensitive sense of smell, these interpersonal issues are disruptive to business, and we all wish they would just disappear!

        It’s human nature to want to avoid that which we find unpleasant, and most of us would rather have a root canal than have a discussion about another person’s body odor. Great leaders understand that avoidance fosters a culture where issues are allowed to become toxic and spread, potentially impacting the entire team. To truly create change, it is important to be sensitive to the concerns of the individuals involved and handle the difficult conversation with a calm professional demeanor.

        Build Trust From the Beginning

        The best preparation begins long before the sensitive problem even occurs! Building trusting relationships with your team members early on will make difficult conversations less awkward and more productive.

        One way to build trust and establish open lines of communication with your employees is to hold frequent and regularly scheduled one-on-one conversations with them. As an additional benefit, maintaining regular communication with your team members may allow you an opportunity to identify potential areas for concern and proactively address these situations before they escalate into a more serious problem.

        How to Prepare for Difficult Conversations with Employees

        When a sensitive problem does occur and a tough conversation is warranted, you should address the issue promptly, yet also take the time to fully evaluate the situation and properly prepare for the conversation. Review the details and facts as you are aware of them with the understanding that there is likely more to the story that you will need to uncover in your discussion with the employee.

        Also, find the right words to tactfully address the concerns that have been raised and brainstorm potential responses and solutions ahead of the meeting. Approach the conversation from a place of empathy and avoid making assumptions as to the root of the problem.

        Suggestions on how to have a respectful and productive discussion:

        1. Make sure the employee knows it is not a disciplinary meeting but rather a coaching conversation.
        2. Meet with the employee in a private location without interruptions where you can explain the problem and how it affects the workplace. Have items such as water and facial tissues available if needed.
        3. Allow the employee to lead the conversation which may result in an apology, learning they were not aware of the situation, or possibly a personal discussion as to why the person is having the issue.
        4. Be open to the possibility that the employee may have a disability or religious or cultural factors that are impacting the situation at hand (hygiene, for example).
        5. If they aren’t readily forthcoming in your conversation, try to understand the root of the issue by gently guiding them and allowing them plenty of time to open up.
        6. Holding the meeting at the end of the day may be best as it will allow the employee to leave immediately afterward.
        7. Be compassionate and focus on the company’s future expectations.
        8. Emotions may run high. If it seems the employee is struggling with the information, allow the employee time to process the information on their own. Offer to have a follow up meeting to continue the discussion once they have had time to think about it.

        Don’t Fall Into These Complaint Pitfalls

        While it is vital for managers to proactively address these issues, it is also important to do so without jumping to conclusions. It must be noted that it is not always the subject of the complaint that needs to be addressed. Be careful when handling issues to ensure that there is validity to the complaint and that it wasn’t a result of one overly sensitive employee, or worse yet – a bully.

        Additionally, don’t allow employees to play what Marlene Chism calls “Power of Attorney” by bringing complaints on behalf of others. Ensure that complaints are brought to you by the party involved and avoid falling into secret conversations and gossip with complainers.

        You may also find that negative employees can spread negativity resulting in a detrimental impact on the morale, productivity, and profitability of your team. Sometimes the difficult conversation needs to be with the chronic complainer who may allow their own personality flaws to lead to frequent complaints about their co-workers.

        Although having difficult conversations with your employees is not likely to be your favorite part of your job, they can be critical to ensure the productivity, health, and well-being of your team. If you can go into the uncomfortable discussions with a professional and development-focused approach, often you can solve issues while also building trust and respect with your employees.

        Thank you to Colleen Mahoney, PHR for contributing to this HR Question of the Week.

         

        Communication often seems like a “no-brainer,” until you have a difficult or complex message to deliver. HOW you communicate is often as important as WHAT you communicate when it comes to getting results! Strategic HR has years of experience preparing HR communications for a variety of audiences and topics. Visit our HR Communications page to learn how we can assist you with your HR communications needs.

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        Writing a Winning Employee Newsletter

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        Question:

        I’m trying to improve our old traditional employee newsletter.  What information will help create a communication piece that is effective and meets the needs of all of our employees (onsite, remote, etc.)?  I really want it to be worthwhile.

        Answer:

        The days of the old employee newsletter have really changed.  With today’s technology, we are able to quickly get information to employees, and solicit input and response quickly with the push of a button. Whichever email marketing platform you choose to use to improve your old traditional paper newsletter, here are a few tips when considering what information to include that will motivate and engage your employees:

        • Seek to make your newsletter not only informational but motivational.  The key to a good newsletter is to make it MOTIVATIONAL, not just full of information.  Use it to motivate your employees and get them engaged.
        • Include information your employees want to see and hear, not just what management wants them to hear.  Don’t know what they want?  ASK!
        • Mix it up.  Make the information informative, provide updates on what is going on.
        • Add live content – links to videos, pictures, or other stories to further engage the reader.
        • Using metrics?  Make them visual and accurate…let employees figure out what they say about company / department performance.
        • Add a social aspect.  Employees like to know what is going on with others in the company – New certification? New degree?  New grand kids?  Let people share the good news in their lives if they wish.
        • Use a “news box” on the home screen where employees log in to the Intranet.  This will allow employees to read it when they are ready, not rushing through it because they have other deadlines to meet.
        • Newsletters should be all about what employees are doing right!  Customer comments on good performance and shout outs to other departments or employees…focus on the positive here.

        If executed well, employee newsletters provide an effective way to create employee engagement. In this “Ultimate Guide to Creating the Perfect Employee Newsletter,” you will get additional information, tips and examples to help you create a winning employee newsletter!

        Bottomline, get your employees involved in the newsletter.  Get your employees to offer content for the newsletter, review your metrics on what they are reading and clicking, and regularly ask your employees for input on what’s beneficial and what’s not.

        Communication often seems like a “no-brainer”. You have something to communicate and you just “do it”. But factor in multiple shifts or locations, off-site employees and a multigenerational workforce and you quickly learn that providing adequate communication to everyone you employ isn’t so easy. Strategic HR has years of experience writing for a diverse workforce. Visit our Communications page to learn how we can assist you with various communication-based projects.