HR Update- New Supervisors—Ticking Time Bombs?
(excerpts from 9/29/09 and 10/1/09 BLR HR Daily Advisor)
It’s clear that your supervisors are the first line of defense in preventing lawsuits, but don’t forget, that means they’re the first line of offense as well—the people in position to make the biggest and most costly mistakes.
Your supervisors are good people, well meaning and capable. But especially when they are new, they don’t know how to handle tricky situations like discipline, harassment, intermittent leave, and disability accommodation.
That’s not their fault; you didn’t hire them for those skills. But that leaves it up to you to train them now that you have made them supervisors.
Where to start? You have to begin by blunting some of their eagerness. They will be thinking, “I’ve got to take charge, be decisive.” That’s dangerous until they have been trained. Start supervisors out with some very basic guidelines. Then, over time, give them more details and more latitude in solving problems.
Report, Not Resolve
For instance, at the beginning, tell them, “There are certain situations that are ‘report’ situations, not ‘resolve’ situations. When you hear these phrases, don’t even respond—just come straight to HR.”
•”Accommodation” or a related phrase (”I need an accommodation.” “I can’t do my job because of a physical limitation.” “I need special equipment to do my job.” And so on.)
•”Harassment” or a related phrase (”I am being harassed.” “I am being bothered.” “Joe makes me uncomfortable.”)
•”Leave” or a related phrase (”I need a few days off to care for …” “I need to take FMLA leave …”
You don’t want your new supervisors trying to handle these situations. They could cause a lot of damage, even with the best of intentions.
As you train them, give them information to reinforce their training, like this on discipline:
Act Fairly
•Make sure the incident or behavior warrants discipline under the policy.
•Check that the employee knew and understood the rule that was violated.
•Find out if there were any circumstances beyond the employee’s control that affected what the employee did.
•Determine if the employee knew and understood the penalties for rule violation.
•Make the discipline match the offense; don’t treat minor infractions the same as serious ones.
Act Consistently
•Discipline the same or similar violations in the same way.
•Be sure you’re not coming down especially hard on an employee because of personal dislike or other problems.
•Be sure you’re not looking the other way on violations committed by employees you like or who are especially important to your group.
Act Legally
•Act promptly after a violation occurs, even if you’re just giving a verbal warning.
•Be sure to follow the steps of progressive discipline.
•Document what the rules violation was, when it happened, and what disciplinary action was taken and when.
•Check that disciplinary action was fair and consistent in terms of what has happened with other employees.
•Ask whether a reasonable person could interpret this discipline as retaliation for exercising legal rights.
•Ask whether a reasonable person could interpret this discipline as discriminatory.
•Ask whether a reasonable person would feel that the “punishment” fit the “crime.”
When a Supervisor Needs to Terminate
Supervisors need clear guidance and strong reminders about their HR responsibilities.
1. Know When It Is—and Is Not—Legal to Fire an Employee
•”Employment at will” allows firing employees for any reason not limited by contracts, state laws, or discriminatory or other illegal situations. (However, that doesn’t mean fire people for no reason.)
•Employees can be fired for violations of acts listed in employee handbooks as cause for discharge.
•Employees can be fired for poor performance or other documented reasons. (Employees should be informed of these problems and given a chance to correct them.)
•Employees can’t be fired for reasons such as:
o Discrimination by age, sex, race, disability, marital status, national origin, color, religion, etc.
o Retaliation for safety or discrimination complaints, workers’ comp claims, union activities, time off for jury or military service, etc.
2. Consult HR Before Proceeding with a Discharge
•Investigate and document the situation carefully before acting.
•Review facts and documentation supporting the discharge with HR.
•Be sure any disciplinary steps have been followed and documented.
•Proceed only if HR agrees that discharge is called for.
•Remember that discharging a longtime employee with a previously good record can lead to charges of discrimination.
•Follow HR’s recommendations if the case is not clear-cut.
If you decide to proceed with the termination, find out from HR what you have to cover in the termination meeting.
3. Conduct a Termination Meeting
•Schedule at least 30 minutes in a private setting.
•Have a manager present if called for by organizational policies.
•Explain exactly what’s happening and why.
•Present the facts in a calm, businesslike way.
•Review the violation, prior warnings, lack of improvement, etc.
•Don’t try to make the situation sound better than it is.
•Avoid promises you can’t keep regarding benefits or another job.
•State clearly that the decision is final.
•State the exact date and time employment ends.
•Don’t mention the employee’s age, sex, etc., in any manner.
•Stay calm and firm if the employee reacts emotionally. Anger, tears, and other reactions are common and understandable.
4. Provide Information on Termination Procedures
Arrange to have information and paperwork covering topics such as:
•Eligibility and forms for unemployment compensation
•Any salary, vacation, or other money owed to the employee
•Insurance and COBRA coverage
•What, if anything, other employees will be told
•What, if any, references will be given
•Any outplacement or other services available
•Any documents that must be signed
Arrange for the employee to turn in any company materials or information such as:
•Keys or access cards or other 1D cards
•Company-owned equipment
•Information on current projects and future commitments
•Arrange to block employee computer and building access.
•Have everyone present sign a written record of the meeting.
Final Thoughts
Even though one of the first things we should make sure of with a newly promoted supervisor is that he or she knows how discipline and termination should be handled. However, it seems that these subjects seldom come up with a new supervisor until there is a situation that must be handled, that’s probably way too late.
We suggest that you give this HR Update to every new supervisor, further, we suggest that you discuss this information with all supervisors on a yearly basis. After giving this information to a new supervisor, schedule a definite time when you as a business owner or executive will sit down with the new supervisor and discuss the points outlined in the Update, make sure supervisors know how you want these situations handled.
Do you have questions or concerns about discipline and termination? Don’t forget to call our HR Division, ask for an HR Advisor, and let one of these professionals assist you in your planning for discipline or termination.
It’s our job to help you get back to business.
Randall Barker is the VP of Human Resources fior A Plus Benefits, Inc.