Right Attitudes

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Human Resources

Can You Be Terminated for Out-of-Work Conduct?

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Can You Be Terminated for Out-of-Work Conduct?

An employee’s off-duty conduct is generally off-limits as far as employers are concerned, and an employer can’t terminate an employee for conduct outside work if that termination would amount to unlawful discrimination.

However, exceptions exist if the misconduct outside the workplace poses a serious risk to the employer’s business.

  • In employment-at-will states, employers can terminate an employee for a good reason, a bad reason, or no reason at all.
  • If an employment contract is in place, it likely outlines the specific types of conduct for which an employee can be terminated. So the rights and obligations of the employer and the employee are set contractually.

In many cases, though, no clear-cut guidelines can help determine the course of the action, especially for off-duty, private deeds with moral or political overtones that aren’t rightfully the company’s concern. However, the employer can terminate if the employer can establish a logical, if not obvious, connection between an egregious off-duty behavior having some bearing on their job (e.g., substance abuse that impairs the ability to perform work,) posing a reputational risk, damaging the employer’s interests, portrays the employer in a poor light (e.g., the employee was wearing a uniform or sporting the employer’s logo ) or is incompatible with the employee’s duty (e.g., a poorly worded social media post painting the employer or the industry in a poor light, or inciting hatred and hostility.) The devil is always in the detail.

Idea for Impact: Any out-of-hours misconduct with some sufficient or necessary association with the employment is grounds for termination. Best to know the employer’s policy on what makes up a breach of the company’s values, public position, and policies.

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What Every Manager Should Know Why Generation Y Quits

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What Every Manager Should Know Why Generation Y Quits

Millennials, or the Generation Y or Gen Y cohort, are much better educated. They’re tech-savvy, more achievement-oriented, and better problem-solvers than preceding generations.

Millennials also tend to be restless with their career progression, demanding salary and job flexibility. They’re quick to move on if something better beckons. Millennials aren’t interested in the financial success that inspired the Boomers or the independence that characterizes the Gen Xers, but in personalized career paths.

Employers often gripe that millennials seem entitled and overly ambitious. And even if they’re high-maintenance, they’re hungry and willing to do what it takes to prove themselves.

To prevent Gen Y retention problems, create an environment where they have room to make an impact and give them the autonomy, support, and training to get there.

Idea for Impact: Millennials become disengaged quickly in the workplace—they’re impatient with things that do not lead to learning or advancement. They never stop questioning the status quo; they don’t want to be told they must do their time and wait in line. Give them a way to move up promptly, with fun and challenges along the way.

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Are Layoffs Your Best Strategy Now?

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Are Layoffs Your Best Strategy? We’re in a demand slump; if you think downsizing will cut costs and shore up the bottom line, consider the unexpected consequences of layoffs.

Hefty severance pay, outplacement services, and other direct costs can add up quickly, and indirect costs can be substantial. E.g., losing experienced employees can precipitate lasting damage to your business. The direct costs can wipe out any short-term financial benefit if new hard-to-find employees are to be hired and trained within six to twelve months when the downtrend stops.

Then there’s the trap of believing that things will get better soon and downsizing the smallest number of people in anticipation of a quick turnaround. And when that expected miracle doesn’t materialize, you’ll wind up making successive cuts. That’s awful for the morale of the employees spared. The best employees won’t feel indebted to soldier on and may start casting around for new offers, terrified that they will be among the next to be cut.

Idea for Impact: Layoffs may not be the best strategy for grappling with hard times. Examine not just the cost of labor but also the value created by labor. Consider the trade-offs and try furloughs, pay cuts, job sharing, and scaled-down hours instead, depending on when you foresee business rebounding. You’ll spread the pain of the downturn more broadly, keep talented employees, earn loyalty, and better position your company for recovery.

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When Your Team is Shorthanded

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When Your Team is Shorthanded When your team is understaffed and/or overwhelmed, remind your supervisors about the pressures you’re dealing with. Ask for more resources without being perceived as a whiny opportunist.

  • Prioritize and focus. Decide what goals are truly significant—to you, your team, your company, and your customers. Comb out anything that doesn’t have a justifiable economic impact or isn’t aligned with the company strategy. Meet with your boss and team to ensure everyone’s aligned with your tailored priorities.
  • Align expectations and manage up. Engage your team on what you could collectively do differently to provide better results with greater efficiency. Have daily and weekly priorities. Use short, frequent meetings to increase your team’s work momentum. Let small successes be a motivational tool.
  • Get credit for your good work. Make the most of the understaffing by recasting yourself as an asset to your company amidst this apparent upheaval. With the buoyant jobs market and a heavier workload for those left behind, you may never be in a better-negotiating position.

Idea for Impact: If your team is understaffed and overworked, you don’t need to suck it up and try to do it all. Don’t keep your head down, and don’t let the burden of responsibilities stymie your personal and team goals.

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Don’t Manage with Fear

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Stop Leading Through Fear---Gain Commitment, Not Compliance The ability to rouse fear has forever been an essential tool of management. Fear can be an effective mobilization tool in the short term. But fear breeds complicity, not commitment.

Instead of fear-based tactics, try soft power. Build trust and gain influence using these methods.

  1. Develop an inspiring vision. Work hard to follow through on implementing that vision and celebrate even little accomplishments along the way.
  2. Communicate expectations. Ask, “How can I help you do your job better?” Follow up. No need to keep everything too close to the vest. You needn’t tell everything you know, but what you say and do has to be true.
  3. Solve problems quickly. Push for results. Set aside some time for review and create options or actions that are apt for your team’s situation. Be tough where you must be, kind where you can be.

Idea for Impact: Don’t take the fear approach with employees. With motivation, fear works—up to a point. Understand how your people view your leadership style and ensure your behavior doesn’t cross the line between pushing them hard and pushing them away.

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Employee Surveys: Asking for Feedback is Not Enough

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Employee Satisfaction Surveys: Asking for Feedback is Not Enough

Nothing undermines employee trust faster than inviting employees to provide feedback about their work experience and then not following up.

Don’t take the employee satisfaction survey results at face value. Don’t discount the importance of the findings by brushing them off, “the data were what we expected” or “there were no real surprises here.”

Show that you’ve listened to what employees are saying. Initiate strategic conversations with selected employees and explore critical issues in more depth. Establish cross-functional teams to react to the survey’s findings. Let the team consist primarily of non-senior employees. A senior manager could sponsor and support—not manage—the team and see an action plan through.

Idea for Impact: Employee surveys, focus groups, and discussions that don’t change how an organization functions ultimately undermine employees’ faith that their leaders really care what the employees think. Close the communication loop.

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  3. Can You Be Terminated for Out-of-Work Conduct?
  4. Are Layoffs Your Best Strategy Now?
  5. What To Do If Your New Hire Is Underperforming

What To Do If Your New Hire Is Underperforming

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What To Do If Your New Hire Is Underperforming If a recent hire, particularly one brought into the team with high expectations, isn’t delivering, start by asking the following two questions:

  1. Is the employee in an environment that allows her to perform at her best?
  2. Are you clear on what her personal objectives are?

Only after answering both these questions with a ‘yes’ can you move to consider coaching, reassess the employee’s suitability, and examine if you need to terminate the bad hire quickly and cut your losses.

Idea for Impact: Nothing puts wind beneath a manager’s wings more quickly than asking these two questions when dealing with employee underperformance. Ask, don’t guess, how you can accommodate each employee’s strengths and needs and create an environment that works best for each individual.

There’s no one-size-fits-all answer to creating a positive culture, empowering employees, and tackling performance problems. Each employee faces individual challenges and has her own goals and preferences.

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  5. Eight Ways to Keep Your Star Employees Around

How You Can Make the Most of the Great Resignation

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How You Can Make the Most of the Great Resignation

The imminent return-to-work stage of the pandemic will spark yet another surge in people reexamining what their careers look like and reprioritizing their work values. My suggestion: Only quit if you have a better work- and life-choice; don’t resign out of empowerment. It’s better to be going toward something instead of going away from something.

Now, then, if you choose not to join the trend, you’ll have to cope with the void left by your coworkers and confront the extra demands. But this situation is a great chance for you to endure the tumult and even flourish. Here’s how.

If you’re swamped with the demands of your job, do a scope creep audit. Examine your original responsibilities and how you’ve picked up more work during the pandemic. Then meet with your boss and politely address the problem you’re facing, “Here’s what I was doing, and here’s how I’ve been allotting my time now. How could we reprioritize? What could we drop or delegate? What additional resources can you give me?” If you think you deserve a salary increase or better conditions, leverage your added value and ask for it. Give your manager a chance to address your issues. Don’t over-negotiate; it’s seldom worth the ill feelings.

Idea for Impact: The Great Resignation is an excellent time to stay at your job and make the most of the void. Recast yourself as an asset to your company amidst this apparent upheaval. With the buoyant jobs market and a heavier workload for those left behind, you may never be in a better negotiating position.

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Tokenism Isn’t Inclusion

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This BBC article notes that diversity in many companies can be tokenistic—mere window dressing in fact. Sadly, even after decades of diversity initiatives, inclusion continues to be about numerical requirements and box-checking.

Within a few weeks at her job at a New York salon, hairstylist Cheyenne began to feel like a prop. When wealthy, diverse clients would enter, staff would go out of their way to introduce her and include her in conversations. “I realized the only other black women in the salon were always placed in areas where you could see them from the front. It was almost like they were being showcased. I don’t think the salon owners were trying to be diverse. I think they were trying to seem diverse.” Cheyenne was left feeling like a token: a member of a previously excluded group often hired or promoted as a symbolic gesture toward inclusivity.

Idea for Impact: Stop paying lip service to inclusion. Let’s broaden our understanding of diversity beyond identity-based differences. Let’s thoughtfully and purposefully draw on the unique and varied expertise and experiences that, when integrated, can expand our collective creative potential.

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Can’t Ban Political Talk at Work

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When politics and social issues are increasingly divisive, workplaces find it challenging to forbid political conversation entirely from the workplace. In April, project management software company Basecamp faced uproar when trying to ban politics at work. Co-founder Jason Fried announced that Basecamp would no longer tolerate discussions around political or social issues “where the work happens,”

Today’s social and political waters are especially choppy. Sensitivities are at 11, and every discussion remotely related to politics, advocacy, or society at large quickly spins away from pleasant. You shouldn’t have to wonder if staying out of it means you’re complicit, or wading into it means you’re a target. These are difficult enough waters to navigate in life, but significantly more so at work. It’s become too much. It’s a major distraction. It saps our energy and redirects our dialog towards dark places.

Basecamp’s ban was meant to prevent distraction and souring of work relationships, but the mandate swiftly backfired. Twenty out of some 60 employees threatened to quit.

Banning Political Discussions Isn’t That Simple

Can't Ban Political Talk at Work I think banning political talk is a lazy way for leadership to not deal with issues like racism, misogyny, stereotyping, and contempt that may be festering among employees.

Often, when people say they want more political discussion in the workplace, they actually mean that they want more political discussion about viewpoints they want others to conform to. Workplaces with lots of political discussions are ones where most of the staff has identical socio-political leanings. Employees with divergent political leanings tend to be reticent and stay out of such talks.

It’s neither productive nor possible to not talk about politics and society at work. Companies can’t tell employees to not bring their real selves to work. People are opinionated about politics, and everyone has views and tries to defend them. Besides, politics isn’t a neatly self-contained issue that doesn’t overlap with anything else. When an employee’s attitudes aren’t in line with the company’s—or even the majority’s—attitudes, “put up or shut up” policies end up more damaging than the bickering or backlash they are intended to avoid.

'I Think You're Wrong' by Sarah Stewart Holland Beth Silvers (ISBN 1400208416) Group settings are better when divergent opinions are known. An inclusive workforce must be able to embrace a diverse range of views. Conversations will come up anyway, and instead of banning these conversations and encouraging employees to take them outside of work, employers must institute protocols for airing and understanding opposing opinions and dealing with offensive behavior.

Idea for Impact: Canceling conversations about the significant issues of the day simply silences those with unpopular attitudes instead of encouraging a culture of growth.

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