Dear Cite HR Members,
Is it legally right to record the conversation when we are doing an exit interview? They are trying to implement this just to make sure the organization is on a safer side. We are reforming our process, and this is one of the key things which Management would like to implement. Kindly confirm if this could be adhered to and also let me know if this has happened with any organization you have heard of. Based on your opinion, I would like to raise my views from an HR point of view. I need your valuable suggestions. Please respond ASAP.
From India, Tiruchchirappalli
Is it legally right to record the conversation when we are doing an exit interview? They are trying to implement this just to make sure the organization is on a safer side. We are reforming our process, and this is one of the key things which Management would like to implement. Kindly confirm if this could be adhered to and also let me know if this has happened with any organization you have heard of. Based on your opinion, I would like to raise my views from an HR point of view. I need your valuable suggestions. Please respond ASAP.
From India, Tiruchchirappalli
Hello,
Couple of things from my experience. The employees would not give honest feedback for reasons mentioned below:
Why spoil relations now when I am leaving the company? My dues and experience certificate are with the company. If I give feedback, then I might not get it. If I want to join again, then my relations would be spoiled. If I give honest feedback, then when a background check is done, the company employees might spoil my chances. Do you think employees will give feedback?
Now you want to record the conversation. Why? Have you informed the employees? For the reasons mentioned above, they would be more scared.
The better way I found was to appoint a 3rd party for feedback. The exit interview was outside the company office. The employees were given a copy of the feedback mentioned. Even after this precaution, I got honest feedback in 40% of cases.
If you want to listen to employees, there are many websites where employees share their experiences on.
From India, Mumbai
Couple of things from my experience. The employees would not give honest feedback for reasons mentioned below:
Why spoil relations now when I am leaving the company? My dues and experience certificate are with the company. If I give feedback, then I might not get it. If I want to join again, then my relations would be spoiled. If I give honest feedback, then when a background check is done, the company employees might spoil my chances. Do you think employees will give feedback?
Now you want to record the conversation. Why? Have you informed the employees? For the reasons mentioned above, they would be more scared.
The better way I found was to appoint a 3rd party for feedback. The exit interview was outside the company office. The employees were given a copy of the feedback mentioned. Even after this precaution, I got honest feedback in 40% of cases.
If you want to listen to employees, there are many websites where employees share their experiences on.
From India, Mumbai
Dear,
Yes, it's right to record the conversation of all exit interviews for the better implementation of the organization. If you (HR) conduct the exit interviews only, that particular person comes to know if there are any issues about management, team, or the project manager. If it's recorded, it will be easier to convey the same information to your management as well.
In our organization, we have prepared some questions for the exit interview and have the candidates fill out a form to better understand their views. This information is then circulated to higher authorities.
I hope I am right to add a thread to your query.
Regards
From India, Bangalore
Yes, it's right to record the conversation of all exit interviews for the better implementation of the organization. If you (HR) conduct the exit interviews only, that particular person comes to know if there are any issues about management, team, or the project manager. If it's recorded, it will be easier to convey the same information to your management as well.
In our organization, we have prepared some questions for the exit interview and have the candidates fill out a form to better understand their views. This information is then circulated to higher authorities.
I hope I am right to add a thread to your query.
Regards
From India, Bangalore
I agree with the views expressed by Papillon. People are seldom honest in giving their feedback as summarized by him. However, if the organizational culture is very transparent, inviting and encouraging the views of the employees as a routine, then in such cases, honest feedback can be expected.
V. Raghunathan
From India
V. Raghunathan
From India
Hi,
Your question is: Is it legally right to record a conversation?
There is no legal right or wrong as long as you inform the person that you are recording the conversation, and they confirm that they are happy to proceed. However, there are dangers associated with analyzing the playback because of what can be inferred in any interpretation of answers, which can, therefore, be misleading. It is far better to record the exit interview in writing and then get the person to sign off as confirmation that the record is true.
It is also important that the person is made aware that the purpose of an exit interview is to better understand their reasons for leaving in an effort to improve the business, and that there will be no repercussions.
I hope the above helps.
Regards,
Harsh
From United Kingdom, Barrow
Your question is: Is it legally right to record a conversation?
There is no legal right or wrong as long as you inform the person that you are recording the conversation, and they confirm that they are happy to proceed. However, there are dangers associated with analyzing the playback because of what can be inferred in any interpretation of answers, which can, therefore, be misleading. It is far better to record the exit interview in writing and then get the person to sign off as confirmation that the record is true.
It is also important that the person is made aware that the purpose of an exit interview is to better understand their reasons for leaving in an effort to improve the business, and that there will be no repercussions.
I hope the above helps.
Regards,
Harsh
From United Kingdom, Barrow
Exit interviews, if done professionally by experts, serve their purpose to some extent. Also, in cases where an employee is extremely frustrated, angry, or feels to have been grossly wronged by the organization, blurts out. In most cases, the exit interview, in my experience, does not serve the intended purpose and is done as a formality to comply with organizational policy. Except in the above cases, the exit interview should be avoided to prevent wastage of time, energy, and resources.
From India, Mumbai
From India, Mumbai
I appreciate the point addressed by Harsh Shukla.
There is a difference between a statement made in a meeting and in a one-to-one meeting. A one-to-one confidential discussion is considered a "privileged communication" under the law. A person's right to privacy should not be infringed upon by recording a conversation surreptitiously. If one intends to record a conversation, then the person should be informed, and only upon their consent, recording should be done.
Warm regards.
From India, Delhi
There is a difference between a statement made in a meeting and in a one-to-one meeting. A one-to-one confidential discussion is considered a "privileged communication" under the law. A person's right to privacy should not be infringed upon by recording a conversation surreptitiously. If one intends to record a conversation, then the person should be informed, and only upon their consent, recording should be done.
Warm regards.
From India, Delhi
Hello Mohana Sundaram,
As far as I know, there does not seem to be any legal view on recording exit interviews or any interaction with employees as long as the record is not to be used as evidence. However, as a matter of fair procedure, it is necessary to inform the employee in advance, and their clear consent should also be recorded.
One or a few exit interviews may not reflect the actual views of the outgoing employees. But, if over a period of time, you collect a sufficient number of samples and subject them to psychological and sociological analytical tools, you can surely better understand the situation. What I can suggest is this:
1. Design a questionnaire to capture employees' views.
2. Design a questionnaire to capture the views of the next two immediate supervisors.
3. Compare all these with:
a. Previous annual appraisals of the employee.
b. Reasons mentioned for leaving in his/her resignation letter.
4. If possible (which may not happen in most cases), even the top management could record their views.
Over a period of time, a fairly clear picture will emerge.
Ganesh
From India, Bangalore
As far as I know, there does not seem to be any legal view on recording exit interviews or any interaction with employees as long as the record is not to be used as evidence. However, as a matter of fair procedure, it is necessary to inform the employee in advance, and their clear consent should also be recorded.
One or a few exit interviews may not reflect the actual views of the outgoing employees. But, if over a period of time, you collect a sufficient number of samples and subject them to psychological and sociological analytical tools, you can surely better understand the situation. What I can suggest is this:
1. Design a questionnaire to capture employees' views.
2. Design a questionnaire to capture the views of the next two immediate supervisors.
3. Compare all these with:
a. Previous annual appraisals of the employee.
b. Reasons mentioned for leaving in his/her resignation letter.
4. If possible (which may not happen in most cases), even the top management could record their views.
Over a period of time, a fairly clear picture will emerge.
Ganesh
From India, Bangalore
The original question by CITIZEN 1502 - Trichy based, R.Mohana Sundaram
H.R Manager, was whether it's legal to record an "Exit Interview."
My attempt here may not refer this aspect at all as I draw attempt to sketch a picture which is more of a preventive nature.
Here it goes..
Do you really know why your employees are leaving?
Generally, HR pros open an exit interview by asking “Why are you leaving?” While useful to a point, HR could be asking a far more revealing question: “What made you start looking for another job in the first place?” says Sharlyn Lauby, in her article, The Real Reason for Exit Interviews, who also suggest that the exit-interview be conducted say a couple of weeks actually after the person has left. To quote her, "I’m an advocate for waiting not only until after a person leaves but even giving them a couple of weeks. In my experience, time allows employees to gain perspective. I’ve seen many situations where departing employees were upset with the company or their manager. A couple weeks later, they still aren’t happy but they’re able to talk about it with less emotion. They’re able to offer some constructive criticism."
This actually sounds good if this can be practiced.
Exit interviews are an extremely important and useful tool for managers.
In a value-based progressive minded company, The beauty of exit interviews is that there are no negative consequences to being candid. For most employees, they are still emotionally vested in the organization even though they are leaving. The exit interview gives them an opportunity to share what they liked, what they didn't like and what the company can do better. Not only does it feel good to get this off the chest, it also helps the company that has paid your paycheck for the last x years and your friends you are leaving behind. These days, the information doesn't just sit in an HR generalists desk. The information is aggregated with other employees who left to give HR, gets escalated to the Sr. Management and idea of what policies and initiatives they should work on to make the company even better.
Proper exit interviews are an excellent opportunity to learn about both the strengths and weaknesses of the manager and the organization, to help understand how best to satisfy and retain employees. Managers know they should do exit interviews but so often when someone resigns they are focused on finding a replacement and figuring out a transition strategy with their team, while also managing their busy workloads. This makes connecting with HR to have an exit interview completed before they leave a last priority. Once that person walks out the door, managers believe that they’ve missed their opportunity; in fact, it is actually more beneficial to do an exit interview after some time has passed.
Having said this I just want to quickly add, that exit interviews in most places are seen as a mostly meaningless ritual – career experts advise departing workers not to say anything too charged, and by the time they’ve sat down to explain reasons for leaving, employees are largely out the door. Employees who severe connections from such companies hardly give any worthwhile feedback because they not only want to secure themselves in the next job (background check*) they also do not want to burn their bridges.
*Andy Teach, a corporate veteran and author of From Graduation to Corporation: The Practical Guide to Climbing the Corporate Ladder One Rung at a Time, falls somewhere in between. “I think it’s important to be honest but don’t be too honest,” he warns. You want the HR department to know the positives and negatives of your experiences with the hope that they will listen to you and take action when necessary. However, if you’re too honest and you are overly critical of an important executive or of the company itself, you could hurt your reputation within that company and could jeopardize your chances of getting a reference from them. “This is unfortunate but I’m sure that it happens. I think there are ways to be honest and get across your point if you preface your negative comments with positive ones about your experience with the company,” he says.
Exit Interviews company mainly from the Western Management Models, whereas it's virtually non-existent in the Japanese Management model, for they believe that all companies are value-based, and they take pride in all that they produce. For them "Made in Japan" holds more than anything else. In most manufacturing companies, in such scenarios, if you are in a job once, you are in it for life. The are the pioneers of QC Circles and also the TQM concept which addresses most pain issues openly and they have less emergencies to handle. It is practiced as a culture. the manager is the organizational culture and the most powerful person in an employees work life. Employees do not leave organizations they work for, they leave the manager they report to. Research clearly shows that manager behavior is a key predictor of the bottom line of an organization. Managers directly have an impact on employee commitment, prescription drug use, stress leave, absenteeism, job satisfaction and therefore client satisfaction, and retention. The manager plays a key role in the success of an organization because of their capability to harness the skills, experience and abilities of their staff. A supportive manager who recognizes the value of, and is able to capitalize on, their employees to create the solution to team and organizational challenges, is priceless.
In conclusion, I would submit, if all said above is true, then it would be well advised to have "Stay Interviews" to get a pulse and a feel of things happening. Issues get surfaced in the open without any fear and when they are heard, the one's who speak out get a feeling of having improved the situation, or process. When acts like these get encouraged, more and more become open to make their contributions too. It becomes a really good participative management style of functioning which is more productive too in the long run. It then becomes "Our Company" from "Your Company."
From India, Hyderabad
H.R Manager, was whether it's legal to record an "Exit Interview."
My attempt here may not refer this aspect at all as I draw attempt to sketch a picture which is more of a preventive nature.
Here it goes..
Do you really know why your employees are leaving?
Generally, HR pros open an exit interview by asking “Why are you leaving?” While useful to a point, HR could be asking a far more revealing question: “What made you start looking for another job in the first place?” says Sharlyn Lauby, in her article, The Real Reason for Exit Interviews, who also suggest that the exit-interview be conducted say a couple of weeks actually after the person has left. To quote her, "I’m an advocate for waiting not only until after a person leaves but even giving them a couple of weeks. In my experience, time allows employees to gain perspective. I’ve seen many situations where departing employees were upset with the company or their manager. A couple weeks later, they still aren’t happy but they’re able to talk about it with less emotion. They’re able to offer some constructive criticism."
This actually sounds good if this can be practiced.
Exit interviews are an extremely important and useful tool for managers.
In a value-based progressive minded company, The beauty of exit interviews is that there are no negative consequences to being candid. For most employees, they are still emotionally vested in the organization even though they are leaving. The exit interview gives them an opportunity to share what they liked, what they didn't like and what the company can do better. Not only does it feel good to get this off the chest, it also helps the company that has paid your paycheck for the last x years and your friends you are leaving behind. These days, the information doesn't just sit in an HR generalists desk. The information is aggregated with other employees who left to give HR, gets escalated to the Sr. Management and idea of what policies and initiatives they should work on to make the company even better.
Proper exit interviews are an excellent opportunity to learn about both the strengths and weaknesses of the manager and the organization, to help understand how best to satisfy and retain employees. Managers know they should do exit interviews but so often when someone resigns they are focused on finding a replacement and figuring out a transition strategy with their team, while also managing their busy workloads. This makes connecting with HR to have an exit interview completed before they leave a last priority. Once that person walks out the door, managers believe that they’ve missed their opportunity; in fact, it is actually more beneficial to do an exit interview after some time has passed.
Having said this I just want to quickly add, that exit interviews in most places are seen as a mostly meaningless ritual – career experts advise departing workers not to say anything too charged, and by the time they’ve sat down to explain reasons for leaving, employees are largely out the door. Employees who severe connections from such companies hardly give any worthwhile feedback because they not only want to secure themselves in the next job (background check*) they also do not want to burn their bridges.
*Andy Teach, a corporate veteran and author of From Graduation to Corporation: The Practical Guide to Climbing the Corporate Ladder One Rung at a Time, falls somewhere in between. “I think it’s important to be honest but don’t be too honest,” he warns. You want the HR department to know the positives and negatives of your experiences with the hope that they will listen to you and take action when necessary. However, if you’re too honest and you are overly critical of an important executive or of the company itself, you could hurt your reputation within that company and could jeopardize your chances of getting a reference from them. “This is unfortunate but I’m sure that it happens. I think there are ways to be honest and get across your point if you preface your negative comments with positive ones about your experience with the company,” he says.
Exit Interviews company mainly from the Western Management Models, whereas it's virtually non-existent in the Japanese Management model, for they believe that all companies are value-based, and they take pride in all that they produce. For them "Made in Japan" holds more than anything else. In most manufacturing companies, in such scenarios, if you are in a job once, you are in it for life. The are the pioneers of QC Circles and also the TQM concept which addresses most pain issues openly and they have less emergencies to handle. It is practiced as a culture. the manager is the organizational culture and the most powerful person in an employees work life. Employees do not leave organizations they work for, they leave the manager they report to. Research clearly shows that manager behavior is a key predictor of the bottom line of an organization. Managers directly have an impact on employee commitment, prescription drug use, stress leave, absenteeism, job satisfaction and therefore client satisfaction, and retention. The manager plays a key role in the success of an organization because of their capability to harness the skills, experience and abilities of their staff. A supportive manager who recognizes the value of, and is able to capitalize on, their employees to create the solution to team and organizational challenges, is priceless.
In conclusion, I would submit, if all said above is true, then it would be well advised to have "Stay Interviews" to get a pulse and a feel of things happening. Issues get surfaced in the open without any fear and when they are heard, the one's who speak out get a feeling of having improved the situation, or process. When acts like these get encouraged, more and more become open to make their contributions too. It becomes a really good participative management style of functioning which is more productive too in the long run. It then becomes "Our Company" from "Your Company."
From India, Hyderabad
Absolutely out of place posting - SAP & Oracle Apps Training in Pune & Mumbai.
I wonder if whoever has done this realized that he/she has chosen to irritate some serious professionals in this forum. Hope this is taken in the right spirit not only by this person, but may it also be noted that anyone who tries to pollute the scenario.
We have had enough of it; our river, our environment, the society, et al., are polluted. Leave this place a little sacred, for God's sake. Have a conscience.
From India, Hyderabad
I wonder if whoever has done this realized that he/she has chosen to irritate some serious professionals in this forum. Hope this is taken in the right spirit not only by this person, but may it also be noted that anyone who tries to pollute the scenario.
We have had enough of it; our river, our environment, the society, et al., are polluted. Leave this place a little sacred, for God's sake. Have a conscience.
From India, Hyderabad
Hi CiteHR Members,
Thank you so much for your response. It makes me clear on what to do now. Once again, I thank everyone who visited and responded to this query.
Kind Request: Please avoid irrelevant posts in any threads. It frustrates readers and visitors, so kindly avoid such things moving forward.
From India, Tiruchchirappalli
Thank you so much for your response. It makes me clear on what to do now. Once again, I thank everyone who visited and responded to this query.
Kind Request: Please avoid irrelevant posts in any threads. It frustrates readers and visitors, so kindly avoid such things moving forward.
From India, Tiruchchirappalli
Apropos of the views expressed by Mr TSK Raman, I wish to add the following.
The observations made by him refer to his deep understanding of the fundamentals underlining the subject matter and his practical wisdom. Getting a feedback two weeks after leaving an organization is a brilliant idea, if it is effectively followed up by the HR champion dealing the case.
In my own experience whenever any colleague came to me with a hesitation to start a discussion I would often pre-empt by asking “Are you planning to leave”. Setting aside the Main Agenda, more in disbelief and surprise, the individual would ask “How do you Know”. I would say ‘it is elementary (MY DEAR WATSON..... to puritans of English supporting the episodes and style of Sherlock Holmes) my friend’.
As a Functional Manager the annual Pay Raise and Promotions are decided at Unit Level, for taking leaves one is not that much diffident to start a discussion and that leaves only LEAVING the Organization as the likely subject. This had made more than one person relaxed in expressing the intent to leave. On my part, as the Functional Head I would often say “Please see me after three days and if you still feel you have to go I will surely recommend your release soon through HR”. With this assurance the person would get satisfied. In reply I would ask him for his honest feedback as a return favour. Very good points would surface as feedback to me as an Individual and to my Organization.
In some instances a person would not even want to wait for three days. I recall asking such persons to give a back dated letter in lieu of a honest feedback.
I fully endorse the view of Mr T S K Raman about the TQM concepts and Values followed in Organization and the benefits thereof. In fact this reinforces the contents of my previous posting.TQM stresses on refining the process to great extent. It does not believe in inspection as a solution to set things right. It is a great feed forward mechanism and the PDCA has the elements to get the feedback.
In exit interviews therefore the views of the Functional Manager play an important role. Often in a one to one situation only the HR man is present. Therefore the views of Functional Manager/ Immediate Boss have to be collected in advance. Plenty of truth lies in the oft quoted Management maxim “People leave their bosses and not their Organization.”
V.Raghunathan
From India
The observations made by him refer to his deep understanding of the fundamentals underlining the subject matter and his practical wisdom. Getting a feedback two weeks after leaving an organization is a brilliant idea, if it is effectively followed up by the HR champion dealing the case.
In my own experience whenever any colleague came to me with a hesitation to start a discussion I would often pre-empt by asking “Are you planning to leave”. Setting aside the Main Agenda, more in disbelief and surprise, the individual would ask “How do you Know”. I would say ‘it is elementary (MY DEAR WATSON..... to puritans of English supporting the episodes and style of Sherlock Holmes) my friend’.
As a Functional Manager the annual Pay Raise and Promotions are decided at Unit Level, for taking leaves one is not that much diffident to start a discussion and that leaves only LEAVING the Organization as the likely subject. This had made more than one person relaxed in expressing the intent to leave. On my part, as the Functional Head I would often say “Please see me after three days and if you still feel you have to go I will surely recommend your release soon through HR”. With this assurance the person would get satisfied. In reply I would ask him for his honest feedback as a return favour. Very good points would surface as feedback to me as an Individual and to my Organization.
In some instances a person would not even want to wait for three days. I recall asking such persons to give a back dated letter in lieu of a honest feedback.
I fully endorse the view of Mr T S K Raman about the TQM concepts and Values followed in Organization and the benefits thereof. In fact this reinforces the contents of my previous posting.TQM stresses on refining the process to great extent. It does not believe in inspection as a solution to set things right. It is a great feed forward mechanism and the PDCA has the elements to get the feedback.
In exit interviews therefore the views of the Functional Manager play an important role. Often in a one to one situation only the HR man is present. Therefore the views of Functional Manager/ Immediate Boss have to be collected in advance. Plenty of truth lies in the oft quoted Management maxim “People leave their bosses and not their Organization.”
V.Raghunathan
From India
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