Category: Performance Management

We provide full service talent management and talent development consulting services. Read our blogs in this category for stories and best practices from real clients and real research on Performance Management.

  • Is Employment Really At-Will?

    Is Employment Really At-Will?

    One of the questions I often help employers work through is can they terminate an employee. And too often I hear “But we’re in an at-will state” or “we’re an at-will employer”.

    At-will employment is often misinterpreted to mean that an employer can terminate an employee whenever they please, and while at-will employment policies do state that the employee or employer can terminate employment at any time, with or without cause, and with or without notice, there are limitations to that on the part of the employer. 

    First, all states are at-will employment states. Some states have added legislation that further limits the bounds of at-will employment, but the overall objective is the same. 

    So what does at-will employment really mean? 

    Yes, employees can resign their positions at any time, with or without notice, and with or without reason. And yes, employers can impose penalties if employees do not give notice within the limits of federal, state, and local laws, such as setting a vacation policy that requires 2-weeks’ notice to receive a payout of accrued, unused vacation time upon termination. And yes, if an employee gives a 2-week notice, the employer can opt to take that notice effective immediately, and it’s still considered a voluntary resignation. 

    But what at-will employment does not mean is that an employer can terminate employment with or without notice, and with or without cause, if doing so violates other employment laws. 

    When reviewing an employer’s request to terminate an employee, there are a few things that I take into consideration:

    1. Is the employee in a protected class? For example, are they female, are they over the age of 40, are they a minority, are they disabled?
    2. What is the employer’s reason for wanting to terminate employment? Are there performance issues and if so, have they been addressed with the employee, and has the employee been given the opportunity to improve performance? And have those performance issues and conversations been documented? Is it an attendance issue? Is there documentation of poor attendance and disciplinary action for violation of the attendance policy? Is there a written attendance policy? 
    3. Is the termination a layoff? If so, is it truly a layoff or is the employer using that reason as means to get rid of an employee they just don’t want? While there are no legal limitations on how long a position must be vacant in order to constitute a layoff, the adhered to standard is six months unless there is a significant change in business. If an employer lays off an employee and refills the position in 2-3 weeks, chances are it wasn’t really a layoff but an excuse to terminate an employee they didn’t want. 
    4. Is there an employment contract that impacts Employment-At-Will? Employment contracts are a legally binding document that outlines the terms of employment, and often includes the length of employment under the contract and penalties for terminating the contract early, both for the employee and the employer. Such contracts may create limitations to employment-at-will.  
    5. Would a judge find this termination justified? If an employee were to file a lawsuit for wrongful termination, how would a judge see it? Have I as an employer covered all my bases to make sure the termination was within the law? Documentation is critical to this decision. If an employer wishes to terminate an employee, they must be able to show justification for that decision. 

    Employment-at-will is not a free pass to terminate employees “just because.” The employer is still responsible for ensuring that the termination is justified and within the limits of federal, state, and local laws. 

  • Tails and Tales of Remote Work

    Tails and Tales of Remote Work

    “I’m sorry, I’m working from home and my dog is barking.” How many times have you said or heard this lately? I have a mini schnauzer with a not-so-mini personality, so I’m an experienced “I’m sorry my dog is barking” professional. So is the HR leader who said that exact sentence on our call this morning. 

    By now, many of us have been working remotely for months. Some for years. We’ve adopted new methods, like wearing pajama shorts under that sharp shirt and blazer because no one really ever sees below our shoulders. We’ve found a new rhythm. We work when the kids are doing homework or the baby (and/or dog) is napping. We’ve got this. 

    But are we engaged? Are we growing? Do we feel connected to our colleagues, our leaders, our organizational and personal purpose? We’re working longer hours and producing great work, but we don’t know if it’s sustainable. The events of 2020 are taking a collective toll on our mental health. If you are an HR leader or a manager of people, consider some best practices for supporting remote workers. 

    1. Offer options. Remember that employees have different learning styles, different engagement preferences, and different abilities. We have more options to accommodate differences when we can be in person in an office setting and use technology. Our options shrink when we’re forced to rely exclusively on technology. However, shrunk isn’t nothing. There is really great HR tech out there. There are free online tools. We’re not stuck. We can still offer different options for communication, learning, and engagement. Employee wellbeing is negatively impacted when they’re boxed into a corner. Give them some wiggle room.  
    2. If it ain’t broke, don’t break it. If you had systems in place prior to the disruption that still work in a remote environment, leave them be. For example, if you used to send an email or pick up the phone and call when you had a question, but now you’re defaulting to a video call, take a step back and ask yourself why. Do you feel required to use video calling because it’s “more engaging” than phone calls? Video calls certainly add value to a remote work environment, but they should be limited to scheduled group meetings that you would normally have in person, just like scheduling a conference room. Video fatigue is real, and our mental health slides when we feel forced into unnecessary camera time. If the good ol’ telephone ain’t broke, don’t break it.  
    3. Seek feedback. I know you know this one. Are you doing it? Openly, regularly, meaningfully? The only source that can tell you if employees are feeling energized or overwhelmed, engaged, or burned out (or Zoomed out) is…drum roll…employees. Talk to them. Remember #1 and offer options to talk to them by email, phone, video, anonymous survey, etc. Pay attention to the options they choose; that’s immediate feedback. The employee who always uses video calls may be signaling that they need social interaction. The employee who emails at midnight may be navigating a schedule with a newborn baby. Next time you’re in a virtual meeting with everyone, use a polling feature or link to a 3-question survey in the chat feature to ask for anonymous feedback about wellbeing and engagement. Here are some tips for effectively using pulse surveys

    We all have barking dogs and laughing children who are equal parts of our remote work environment, and with the right support and good leadership from HR, we can find high work engagement and general and mental wellbeing in this new worklife. We’ve got this. 

  • The Way We Fail at Work with our Words and our Gifts

    The Way We Fail at Work with our Words and our Gifts

    Expressing love at work may seem like a little too much.  But in reality, showing love is really showing people you care.  It isn’t about recognizing people’s accomplishments, it’s about appreciating people for who they are. 

    When we are talking about love at work, we are really talking about how to show people you appreciate them.  We talked about how to apply quality time as a love language at work on the blog last week. Quality time is a love language that is sometimes hard to know how to apply to work, but the love languages that are most and least desired in terms of frequency of those who have completed the Motivating by Appreciation (MBA) Inventory assessment-a tool to assess showing appreciation through the love languages at the office- are two of the most frequently used forms of showing appreciation at the office. 

    But are we applying these two love languages correctly? 

    The most frequently used method of showing appreciation at the office is tangible gifts, yet it is the least frequently desired.  The employee recognition industry is a multi-billion dollar one.  But according to research cited in The 5 Languages of Appreciation in the Workplace, “Only 6% of employees choose tangible gifts as their primary language, and 68% report it is their least valued appreciation language.” 

    The most desired form of showing appreciation- chosen by approximately 45% of employees surveyed through the MBA– is words of affirmation.  People wanted to feel appreciated by what you say to them. 

    The fact that the most frequently used way to thank people, or to show them appreciation, is the least desired one and that the most desired is so desired one points to what I think may be wrong with showing appreciation in the workplace in general. 

    We go wrong with gifts and we go wrong with words because we don’t do a good job of making them personal.   In fact, we’ve written about the best way to thank employees is to make it personal. 

     

    The Way We Fail at Work with our Words

    The way we make our words of affirmation mean nothing is by: 

    1. Not being specific. Saying, “thank you” or “atta boy” and leaving it at that.  We need to personalize our appreciation with specifics.  What did someone do or how do they consistently behave that you appreciate?
    2. We give our words in the wrong context.  Some people like public praise and some do not.  Making our words personal means knowing the right context to give them in.  Research cited in the The 5 Languages of Appreciation in the Workplace notes that 40-50% of employees do not want to receive recognition in front of a large group.  Most of the time though, words of appreciation are given in a formal setting with a large group once or twice a year at company events. 
    3. We only provide words of affirmation when performance warrants it.  Sometimes we need to praise for consistent behavior over time that is actually a reflection of someone’s character.  This still needs to be specific, but often people want to be noticed for who they are, not whether it led to an immediate result or not.  Character, in fact, is what leads to lasting results. 

     

    The Way We Fail at Work with our Gifts

    Tangible gifts are most often given to recognize people, not to show appreciation to them.   We get a watch or a plaque for our years of service, or a gift card for Christmas.  These are the types of things that make the employee recognition industry big business.  But they aren’t the things people desire. 

    Gifts go wrong when: 

    1. They aren’t personal. Does everyone want a watch or a plaque?  I really don’t care to have either myself.  What actually often means the most is when a tangible gift is given that you show you know a person well enough to give them something they want.  Giving someone a gift they don’t want or value actually has a worse effect than giving no gift at all. 
    2. They are lip service to appreciation.  When everyone gets the ham for Christmas every year, do you actually feel any appreciation?  My guess would be no. Especially if you are a vegetarian.  Lip service for appreciation is usually so depersonalized. 
    3. Stuff is the focus instead of experiences.  Gifts often fail to be what people actually want in a tangible gift.  What people often want if they value gifts are really experiences, not stuff.  They want tickets to the sports game, a gift certificate to the spa, or a small getaway.  But again, be sure not to violate number one.  Don’t give me a sports tickets and don’t give my husband a trip to the spa. 

     

    How often do you use words or gifts to show appreciation at work?  Which one do you default to and why? And do you make your words and your gifts personal?

  • A Final Thought on Leading for Skill and Will:  It’s a Long Term Game, Not a Short One

    A Final Thought on Leading for Skill and Will: It’s a Long Term Game, Not a Short One

    I’m on a plane with my third-grade son, traveling to Washington D.C. He is taking a math test beside me.  We are headed up to our nation’s capital for a work conference I have, and he and my dad are along for the ride. 

    He’s coming to actually see some of the things he’s been learning in school about government and democracy.  With the trip being counted as a “field trip” for him instead of an absence, the schoolwork, including tests he’s missing, come with us. He is to complete them and return them for grading the Monday after we arrive home.

    He finishes and says, “Don’t check it, mom, that is Mrs. Armstrong’s (his teacher) job.”

    It’s like he knows I have the temptation to “check it” and justify “helping” him, which he knows is straight-up cheating.  I resist the urge to check it and put it away. Later I do check it, though.  He’s missed one.  And I again resist the urge to give it back to him and tell him, not the answer, but “Hey, why don’t you look at this one again?”  Still straight up cheating, but I’d be dishonest if I acted like the temptation to fix his mistakes and or help him make a perfect score isn’t there.

    And this temptation is also present in any leadership situation.

    The one he missed is an easy one, one that he just didn’t take his time on.  And knowing his biggest struggle in math is not getting the right answer, but taking his time to get the right answer, I silently think about ways to help him take his time without fixing his test so that he gets a 100 next time instead of a 98.

    But, I “allow” him to miss one and in the long run, he will be better for it. The perfect score isn’t nearly as important as him learning through doing things on his own and learning the consequences of not taking his time. And of course, most importantly, the hard lessons won in doing things with honesty and integrity learned through a leader modeling that behavior for him. Or wait, he actually modeled this for me first. 

    As we wrap up our posts on leading through skill and will, I think it warrants a pause in considering leading in the moment for short term gain versus leading for long term outcomes and results. Leading is a marathon, not a sprint.

    We practice leading through skill not to satisfy our own short-term needs, nor the short-term needs and desires of those we lead. We practice it because it is a process that fosters learning.  Learning that isn’t fleeting, but learning that is lasting and transferable across domains and that builds character.

    So the next time you have to diagnose someone’s skill and will and then use that knowledge to lead them, see yourself as their coach and teacher, not their boss (or parent).  

    Hopefully, the learning will come in the form of not just better skill acquisition and motivation but also with growth that lasts, growth that fosters transferable skills and integrity.

     

    How do you foster long-term learning and growth with those you lead?