The Delicate Art of Managing Complainers
Complaints are a common part of work. In fact, some employees rely on complaining as a routine form of communication. If they aren't complaining, that can mean there's something really wrong.
It presents a considerable challenge, however, for supervisors to deal with complaints while at the same time demanding good performance from their employees.
Hidden Dangers
One of the challenges in handling complaints is that when a supervisor demands performance or imposes discipline, the potential exists for a complaining employee to assert that he's the target of retaliation.
When discipline rises to the level of firing, supervisors may come face to face with the realization that employees may claim their discharge is in retaliation for asserting a right that's consistent with public policy. This often happens when employees complain about such things as wages, staffing, or safety, for example.
In a sense, employees who make complaints that can be linked to a public policy put their supervisors in a difficult position. How can a supervisor persuade the employee, the company, a court, or jurors that the complaint wasn't a factor when imposing discipline or demanding performance?
It's a delicate situation to be sure, but there are some things that you can do to help.
Steps to Take in Hearing Complaints
Typically, immediate supervisors are the first to hear complaints, and they're the ones faced with the responsibility of imposing standards of performance or conduct. They're going to have to explain decisions that ultimately might lead to the discharge of an employee who had previously complained.
To take some of the burden off those supervisors, if resources permit, assign the task of following up on complaints that may be linked with public policy to someone else within the company. That will allow the supervisor to continue to focus on managing the employee while the other person takes care of investigating the complaint and ensuring that appropriate follow-up has resulted.
Another step that can assist supervisors is to remind them that they should hold the complaining employee to the same standard of conduct and performance as others; assure them that so long as they do that, support from the company will be there. A supervisor must be confident that the company won't undercut her efforts because of fear that a complaining employee is contemplating litigation.
The flip side of that coin is that the supervisor must understand that there should be no relaxation of standards for the complaining employee.
A third step that can help supervisors is to refresh their training on documentation. Specifically, they need to be told the following:
- Performance reviews and documentation of disciplinary issues should be done thoroughly and carefully. Comments should be as objective as possible, and they should be supported by specific examples.
- If a performance review calls for comments regarding an employee's attitude, particular care must be taken. Supervisors should avoid citing the fact that the employee has complained as a basis for finding that the employee has a poor attitude.
- The idea is to avoid singling out the complaining employee for unequal treatment, so the supervisor should be cautioned that any heightened attention she gives to documentation should be applied to all employees, not just the employee who complained.
There's still one more thing that can be done to deal effectively with situations in which employees complain:
Investigations and follow-ups should be done promptly, and the complaining employee should be informed in writing of the result.
That will accomplish two things for you:
(1) to the extent that the problem identified by the employee in his complaint was a legitimate concern, it can be dealt with, and
(2) prompt closure will tend to limit the span of time in which an employee can effectively argue that his firing is linked somehow to the complaint.
Bottom Line
These few basic steps can go a long way toward limiting exposure to liability for employers faced with the challenge of managing employees who complain about protected issues.
By adopting these steps and thereby getting ahead of the problem, you can avoid the dilemma of being unable to enforce standards regarding poor performance because of fear of liability. You will at the same time significantly reduce the chances of ending up in court defending a retaliatory discharge claim.
Source: M. Lee Smith Publishers LLC. This article is excerpted from *North Carolina Employment Law Letter.
Do preserve yourself & others while evolving continuously...
Special Thanks to TSK Raman
From India, Madras
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12Complaints are a common part of work. In fact, some employees rely on complaining as a routine form of communication. If they aren't complaining, that can mean there's something really wrong.
It presents a considerable challenge, however, for supervisors to deal with complaints while at the same time demanding good performance from their employees.
Hidden Dangers
One of the challenges in handling complaints is that when a supervisor demands performance or imposes discipline, the potential exists for a complaining employee to assert that he's the target of retaliation.
When discipline rises to the level of firing, supervisors may come face to face with the realization that employees may claim their discharge is in retaliation for asserting a right that's consistent with public policy. This often happens when employees complain about such things as wages, staffing, or safety, for example.
In a sense, employees who make complaints that can be linked to a public policy put their supervisors in a difficult position. How can a supervisor persuade the employee, the company, a court, or jurors that the complaint wasn't a factor when imposing discipline or demanding performance?
It's a delicate situation to be sure, but there are some things that you can do to help.
Steps to Take in Hearing Complaints
Typically, immediate supervisors are the first to hear complaints, and they're the ones faced with the responsibility of imposing standards of performance or conduct. They're going to have to explain decisions that ultimately might lead to the discharge of an employee who had previously complained.
To take some of the burden off those supervisors, if resources permit, assign the task of following up on complaints that may be linked with public policy to someone else within the company. That will allow the supervisor to continue to focus on managing the employee while the other person takes care of investigating the complaint and ensuring that appropriate follow-up has resulted.
Another step that can assist supervisors is to remind them that they should hold the complaining employee to the same standard of conduct and performance as others; assure them that so long as they do that, support from the company will be there. A supervisor must be confident that the company won't undercut her efforts because of fear that a complaining employee is contemplating litigation.
The flip side of that coin is that the supervisor must understand that there should be no relaxation of standards for the complaining employee.
A third step that can help supervisors is to refresh their training on documentation. Specifically, they need to be told the following:
- Performance reviews and documentation of disciplinary issues should be done thoroughly and carefully. Comments should be as objective as possible, and they should be supported by specific examples.
- If a performance review calls for comments regarding an employee's attitude, particular care must be taken. Supervisors should avoid citing the fact that the employee has complained as a basis for finding that the employee has a poor attitude.
- The idea is to avoid singling out the complaining employee for unequal treatment, so the supervisor should be cautioned that any heightened attention she gives to documentation should be applied to all employees, not just the employee who complained.
There's still one more thing that can be done to deal effectively with situations in which employees complain:
Investigations and follow-ups should be done promptly, and the complaining employee should be informed in writing of the result.
That will accomplish two things for you:
(1) to the extent that the problem identified by the employee in his complaint was a legitimate concern, it can be dealt with, and
(2) prompt closure will tend to limit the span of time in which an employee can effectively argue that his firing is linked somehow to the complaint.
Bottom Line
These few basic steps can go a long way toward limiting exposure to liability for employers faced with the challenge of managing employees who complain about protected issues.
By adopting these steps and thereby getting ahead of the problem, you can avoid the dilemma of being unable to enforce standards regarding poor performance because of fear of liability. You will at the same time significantly reduce the chances of ending up in court defending a retaliatory discharge claim.
Source: M. Lee Smith Publishers LLC. This article is excerpted from *North Carolina Employment Law Letter.
Do preserve yourself & others while evolving continuously...
Special Thanks to TSK Raman
From India, Madras
Acknowledge(0)Amend(0)
Management should consider complaints as suggestions or inputs rather than taking them in a negative sense. It's similar to replacing the word "problem" with "challenge." When we learn to start perceiving a problem as a challenge, I am sure things will be different. In fact, the Almighty drafted a solution prior to defining a problem. Therefore, every problem comes with a solution, and every complaint received or registered can help organizations perform better only when it is perceived positively.
Ask those who have registered a complaint to present his or her solution. This strategy can help us eliminate fake complaints that are baseless.
With profound regards.
From India, Chennai
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Ask those who have registered a complaint to present his or her solution. This strategy can help us eliminate fake complaints that are baseless.
With profound regards.
From India, Chennai
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