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Managerial Discretion in Mitigating Gossip, Protecting Confidentiality & Promoting Transparency

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0:00Good morning and good afternoon wherever

0:03you are.

0:04I'm Mike Coffee and welcome to

0:06managerial discretion and handling a

0:08workplace conflict.

0:11If you listen to my podcast, you know

0:13that this is a presentation that I put

0:16together for Big Country Charm in

0:19Abilene, Texas last fall for their

0:20conference. They asked for this specific

0:22topic

0:23and I thought, well, I don't have

0:25anything on that, but I'll put it

0:26together

0:27uh and you know, and you know, help them

0:29out. And then I just threw it on my list

0:31of like 18 or 19 topics that I speak for

0:34I speak at conferences on, you know,

0:36just for SHRM conferences or HR

0:38associations or whatever and

0:41it has become it's my biggest topic this

0:44year. Everybody is asking me to do this

0:46one, which is a surprise and it's not

0:48because it's the topic cuz they've not

0:50most of them haven't heard it and so uh

0:53so I think it's really interesting to uh

0:56that this is a topic that really hit a

0:58nerve with uh a lot of HR practitioners.

1:01So

1:02uh I'm excited to do it and um

1:06this it is pre-approved for HRCI and

1:08SHRM recert credit

1:10and I'll give the information for how to

1:12receive that credit later on in the

1:14webinar.

1:15Uh

1:16we will have the recording on our

1:18website so that people can watch it

1:20after the recording as well.

1:23So let's get started. So what do we want

1:25to talk about today?

1:28>> [sighs]

1:28>> First of all

1:30what are we talking about with as far as

1:31discretion and managerial discretion?

1:34Uh

1:35and this is a hard place for a lot of

1:36managers and for a lot of HR people if

1:38I'm being honest because

1:40um there is a trend uh or there's a

1:45faction in HR maybe the better way to

1:47say it that likes very black and white

1:51rules with no ambiguity.

1:54Um I don't think that works when you're

1:56managing people. I don't even like the

1:57term managing people. I like leading

1:59people, but I'm not sure we can really

2:00manage people. Um but we'll talk about

2:04how discretion affects

2:06uh how

2:08the

2:10workplace is seen as professional and it

2:12can have impacts on compliance as well.

2:15Um well, obviously how gossip erodes

2:18culture. I think that's a not a surprise

2:19to any of us. Uh and how it can create

2:22liability. And then what can we, you

2:24know, I'm hoping if you're an HR profes-

2:26if you're a supervisor, take this away

2:27and you know, frontline s- and most of

2:29us are some level some level of

2:31supervisor. But if you're an HR

2:33professional or you're looking for

2:36training for your managers,

2:38we'll we're going to talk about the

2:39things that frontline supervisors,

2:41especially, but any any body in a in a

2:44uh direct management role, uh

2:47ne- how they can approach what they

2:49share, what they don't share, how they

2:51can evaluate what to share in a

2:52different situation.

2:54And then when they can't share or an

2:56employee wants more information than we

2:57can give,

2:59how to how to handle that. And I've got

3:01a pretty

3:02basic little uh tool that you're going

3:04to hear over and over probably

3:05throughout this the webinar, but I think

3:07it makes sense and it's something simple

3:10that your managers can digest and

3:11remember. And then we'll talk about key

3:14legal expectations under federal law.

3:16And I say Texas law, but I think it most

3:18of it's common law stuff, so it's it's

3:19applicable to most states. But I'm not

3:21researching all states.

3:24So, why do we really care about this?

3:27Okay, conflict is natural in our

3:29organizations, right? So,

3:31it isn't a surprise

3:34when it's not even a bad thing when

3:36there's conflict. Um

3:38if we have an environment where people

3:41can safely and productively

3:44share different ideas,

3:46um where they can challenge even

3:49organizational norms

3:51in a respectful manner and in a but, you

3:54know, where they feel comfortable doing

3:56that or saying, "Hey, there's a better

3:58way to do this or have we thought about

4:00this product or this service changing

4:02this to meet these clients' needs?" That

4:04makes us stronger as an organization.

4:07And if it's managed well, it can lead to

4:09stronger, more productive teams.

4:12But then, sometimes we have conflict

4:14that's just from people rubbing up on

4:16each other the wrong way and sometimes

4:18literally, if we're being honest. Uh and

4:21that that kind of conflict can damage

4:24the organization.

4:26And sometimes it's just things in the

4:28organization. Maybe, you know, the

4:30economy is not on our side this year.

4:33And we're doing layoffs and everybody

4:35sees the writing on the wall and that

4:37creates some anxiety, which can lead to

4:40conflict and a lot of people just

4:41talking.

4:43And often, they don't have all the

4:44details of what they're talking about.

4:46Uh you know, it's it is a fact that our

4:49our politics you know, matches what's

4:52going on in our workplace. Uh and people

4:54do like to fill in the gaps when and

4:56when there's a vacuum, people are going

4:58to fill it in with what they think is

5:01the is the case. And that can

5:04that can negatively impact the

5:06organization, productivity, the work

5:08group, but it also

5:10puts a responsibility on managers to try

5:12to manage that and if they don't do it

5:14well, they're just adding they can add

5:16more gas to the fire. They can fracture

5:19trust in the organization.

5:21And then, so sometimes they need to

5:23share information

5:25uh in a certain way

5:27to calm leaders down or em- employees

5:31down and get them refocused on the right

5:33thing.

5:34Uh but then, if they overshare or they

5:37mishandle sensitive information, that

5:39can produce,

5:41you know,

5:42problems internally for the

5:43organization, cultural problems, but

5:45also concerns about retaliation, or

5:48harassment claims,

5:50uh

5:51invasions of privacy, things like that.

5:52So,

5:53walking this this delicate line uh can

5:56be a real challenge, and I think that's

5:58one of the reasons that this this this

6:00topic has been such a

6:02a big

6:03uh

6:05attractor for my for the conferences I

6:08speak at this year. So, let's talk about

6:10gossip. When I'm talking about gossip,

6:12I'm talking about typically the informal

6:15or uh unofficial sharing of information,

6:19whether it's accurate or inaccurate,

6:21that's outside of someone's role to

6:24share, or the information is not even

6:26relevant to their roles or

6:28responsibilities.

6:29And

6:31some people do it, and we'll talk about

6:33this, to stir stuff up, and other people

6:36do it uh cuz they're they're truly

6:37trying to be helpful. And so, and

6:39managers fall into traps on both sides

6:41of that.

6:42And we see this a lot in things like

6:44sexual harassment investigations.

6:46Um if or other kinds of complaints

6:49against one employee between one

6:51employee or another employee.

6:53Um

6:54and sometimes gossip is kind of

6:56instigated as a weapon weapon against uh

6:59an individual uh you know, who you know,

7:03is on the other side of an issue, and

7:06unaddressed, that can definitely create

7:08a hostile work environment. We're going

7:10to talk about that.

7:12But,

7:13as most of you probably know, the most

7:16referred charge to the EEOC

7:19are retaliation claims.

7:21And

7:23if you're goss- if you've got an

7:24organization, and you got a situation

7:26where gossip is a uh

7:29a common thing, especially if it's

7:32targeting people who

7:35maybe they're not one of the cool kids,

7:37or they're somebody who, you know,

7:39made a complaint, or cooperated with an

7:41investigation, and people are talking

7:43about that and them and making

7:44assumptions or sharing information

7:46that's true but it's not relevant to the

7:48those people's jobs to do this.

7:52That can turn into a retaliation

7:53complaint pretty quickly. We'll talk a

7:55little bit more about how that happens.

7:57Um

7:59and then we have the other situation

8:01where gossip can catch on fire because

8:03we might have a strict no comment

8:06policy and while you're conducting

8:08investigation no comment is kind of the

8:10right overarching umbrella but how you

8:13say no comment, how you say I can't talk

8:16to you about that matters

8:19because it

8:21it get how you say it will impact how

8:23employees receive what you're saying and

8:26what they think the organization is

8:27really trying to do.

8:29Um

8:31So we're going to talk about something

8:32called you're going to hear many times

8:33reassure and redirect and that's what

8:36that's the big lesson.

8:38Uh I could do a if if if we just focus

8:41on that I did two I could do two slides

8:42on reassure redirect reassure redirect

8:45and I think you get most of the

8:46information out of this webinar that uh

8:49that we have but you know, we all do

8:51like to have reasons why we do what we

8:53do so the rest of the webinar is kind of

8:55building the blocks to support this to

8:57support my claim that that's the right

8:58thing to do.

9:00Um

9:01So that's kind of what we're talking

9:03about.

9:06So let's start with the cultural risks.

9:09Um

9:11If we have a culture that accepts gossip

9:14where people can

9:16um

9:17you know, they you know, it's we just we

9:19tolerate it. Um you know, if you listen

9:22to the podcast you probably heard me say

9:23John Amaechi re-quote John Amaechi uh

9:26British psychologist uh

9:29he says that your company's culture is

9:32defined by the worst behavior tolerated.

9:36And in a lot of organizations,

9:40we do have managers who are

9:41uncomfortable challenging gossip or

9:44directly addressing it. And you hear

9:46things like free speech and all this,

9:49which unless you're in a government

9:50entity,

9:51is not relevant to you, probably.

9:54Um so,

9:56if but if you've got this environment

9:58where

9:59you it's it's tolerated, we're going to

10:01listen to pe- you know, we're going to

10:02allow people to talk trash, uh

10:05uh whisper in the back you know, in the

10:07back corners of the room about somebody

10:08else.

10:10That's going to have a chilling effect

10:12on employees' willingness to bring real

10:14issues to management's attention.

10:17If if they fear people are going to

10:19they're you know, it's going to get out

10:20and there's going to be gossip about it

10:21or there's going to be reprisals from

10:23their work group or you know, they're

10:24not going to get invited to lunch.

10:26They're going to get excluded. They're

10:27going to not get involved in not be

10:29involved in uh workplace projects, the

10:32team projects. They're not going to get

10:33the information they need to do their

10:34jobs. Then they're going to be less

10:36likely to raise issues when they see

10:39them.

10:40And

10:42that could be

10:44result certainly in a legal challenge if

10:45they see something that's

10:47illegal or is a violation of Title VII,

10:50something like that.

10:52The and they're not willing to raise

10:53that or it's a compliance issue. That's

10:56going to be expensive, but and it could

10:58turn into legal issues, but beyond that,

11:01um

11:03if the culture gets eroded and people

11:06have the sense that

11:08the company doesn't have fair processes.

11:10Um and you know, the perception that and

11:14that your organization is fair and has

11:18processes we follow and we treat

11:20employees with respect, that builds that

11:22psychological safety we're always

11:23talking about. Uh

11:26and

11:28and so, when people turn to management,

11:30they raise an issue,

11:32how those leaders from that frontline

11:33supervisor to the investigators to HR to

11:37legal to executive level,

11:40how they handle that information and how

11:44how they respond to the the workplace

11:47about concerns about whatever the

11:48information is, but also

11:50how they decide what they share and what

11:52they don't, uh definitely is going to

11:55impact organizational culture. We just

11:56have to remember trust is fragile

11:59and we have to really handle it with

12:01care. Uh so there's there is this this

12:06push and pull between

12:08having a um

12:11being transparent, which was you know,

12:13the hot word that you hear all the time.

12:15We you know, we're a very transparent

12:16organization,

12:17but you can't always be transparent and

12:20sometimes if you're too transparent, it

12:22causes problems for

12:24uh

12:24for your organization.

12:26And

12:28if you're the complainant or your or the

12:31person accused of doing something wrong,

12:35how this is all handled

12:37will affect how you see the

12:40organization's respect for your dignity,

12:42for your privacy. And I think

12:46those things people often will not

12:49remember the details of a complaint so

12:52much as they will remember how people

12:53were treated. And during that or they'll

12:56be more concerned or more concerned

12:57about how people were treated. So we

12:58need to remember all of these things.

13:01Uh so

13:03we're going to get

13:04into how managers can help manage the

13:08chaos a little bit when things happen

13:10and reinforce company culture. And uh

13:14hopefully that'll be something that

13:17you know,

13:18we you can settle a lawsuit, but

13:20rebuilding culture after something's

13:22gone wrong is it can be pretty expensive

13:24and time-consuming.

13:26So what are we talking about when we say

13:27managerial discretion? Oh, by the way,

13:29all my images are

13:32uh

13:32uh created by ChatGPT. Uh not the not

13:35the webinar, but just the images. But,

13:38um

13:38they and as I If you've seen my AI

13:41presentations, I need to redo one of

13:43them because the graphics quality's

13:45gotten so much better and the computing

13:47quality's gotten so much better on AI.

13:50But, when I'm talking about managerial

13:51discretion, I'm choosing about how a

13:52manager chooses what, when, and how to

13:56share information.

13:58Um and there's times where they need to.

14:01Uh and now, discretion's not the same as

14:03secrecy. You can be transparent about a

14:06process

14:07without giving all the details about

14:10what's being generated in the process.

14:12And we have to have managers who

14:14understand

14:16when when I'm dealing with a gossip or

14:19employees just come to me and ask for

14:20information. Uh if we just say no

14:22comment or we just say we're not going

14:24to share anything,

14:25uh I I can't talk about that. That's

14:27what I often what we've told managers to

14:29say. Just tell them you can't talk about

14:30it. Well, I'm not sure that's always the

14:32right answer

14:34because again, if there's a vacuum,

14:36people are going to fill that vacuum

14:38with something else. And sometimes, I

14:40can't talk about it makes it sound a lot

14:42worse than it really is.

14:44Uh and they're going to often assume the

14:46worst.

14:47And the other big thing is that managers

14:49need to remember that they are agents of

14:51the employer. Okay? They represent the

14:55company to the employees.

14:57Um

14:57and if they make improper disclosures,

15:00they can expose the organization to real

15:02liability.

15:05And so, how do they How do we do this?

15:07Sometimes, they just, you know, they

15:08spill the tea. They overshare.

15:11Uh they discuss the particulars of

15:13complaints with people who are not

15:14involved in it and don't need to know

15:15that information.

15:17Uh they talk about the investigations

15:19that are going on. They make decision,

15:21you know, they you know, these are the

15:22decision the discipline decisions that

15:24we made and and at the end of the the

15:26investigation. You most employees don't

15:29need to know what you did. Even the

15:32complainant doesn't need to know most of

15:34the time what you did as an employer to

15:37rectify the situation.

15:39The question is is

15:41did the situation get fixed? And if it

15:43didn't, did that complaint feel

15:44comfortable coming back and making a uh

15:49a second complaint or saying hey, this

15:51is not this is not whatever you all did

15:52is not working. So we need you know, we

15:54can overshare and we can give too much

15:56information to people.

15:58Another thing leaders sometimes do is

15:59they vent to their subordinates or to

16:01their peers.

16:02They turn certain people into their

16:04confidant confidants. And so, you know,

16:09when you know, when I was in corporate

16:10America,

16:12you know, it was not uncommon especially

16:13if you're the HR guy and you've got

16:15friends who are managers in other

16:17departments, somebody will come knock on

16:19their knock on your door and say, "Hey,

16:20let me let's want to pick your brain or

16:22hey, can I vent?" And

16:25usually my response is yeah. Um but

16:29you have they have to be careful about

16:31what they share because if they're

16:32sharing to just another manager and

16:34complaining about something,

16:36they may make may may say things that

16:41aren't actually completely

16:43based in fact and maybe their opinions

16:45like I think HR ought to do this. And

16:47when they start saying that,

16:49they're now this manager who maybe is

16:53involved in an investigation

16:55uh as as you know, as a leader

16:58is is forecasting what HR is going to do

17:02or saying, you know, laying the

17:04groundwork to say,

17:05"I don't know what HR is going to do,

17:07but if they don't do this, they're not

17:08doing the right thing."

17:10Um

17:11or they get into a kind of public

17:13speculation talking to their team. If

17:15the team's involved in this conflict or

17:16an investigation, or something's going

17:18on, you know, uh I think HR is leaning

17:20toward termination is something you

17:22might hear, or I know HR is going to do

17:24the right thing.

17:25Uh and that which is fine right there,

17:27but then they'll say what the right

17:29thing is. Yeah, I'm sure they're going

17:30to do the right thing. You know, there's

17:32no way we're going to tolerate his

17:33behavior,

17:34uh or you know, I'm sure he'll just get

17:36a slap on the wrist. Those kind of

17:38things. So, those are all the ways that

17:40managers kind of step into it, and uh

17:44they kind of can fuel the conflict

17:46rather than resolve it.

17:48And then, if it's just just talk, it's

17:51one thing, but then they drop a message

17:53in Zoom, or Slack, or whatever you're

17:56using, or they drop an email to

17:57somebody,

17:58or just just for their own, you know, we

18:01we tell people to document, document,

18:02document, so they document, document,

18:04document, they create a Word document

18:05around the topic,

18:07and they put a lot of their own opinions

18:08in there.

18:10And that's all discoverable, and that

18:11could all be, you know, labeled exhibit

18:13A in in the civil trial, or criminal

18:16trial, and uh

18:19that's that that that just creates an

18:21obstacle for the employer

18:24and when, you know, the plaintiff's

18:25lawyer is saying, "Look, you know, your

18:26own manager said this." Well, that was

18:28his opinion. Well, he wrote it down, and

18:30now explain why his opinion's different

18:32from the company. So, he's not loyal to

18:33the company, is that what you're saying?

18:34Those kinds of things.

18:36So, we have to

18:38uh really get managers on the same page

18:42about how we do this. And of course, the

18:44obvious thing is, if you're not sure,

18:46don't say anything. Go talk to legal. Go

18:48talk to HR. Go talk to your ethics

18:50department. Whoever it is in your

18:52organization that's supposed to handle

18:54those kinds of things.

18:56And then, as I said earlier, poorly

18:59managed conflict can often lead to

19:01litigation. And poorly managed

19:03communication about conflict can lead to

19:06litigation, or just add fuel to the

19:08litigation. Um

19:11and if somebody's a complaint or they

19:14participated in a

19:17an investigation,

19:19they have a certain amount of legal

19:20protection.

19:21And gossip or negative commentary about

19:24them,

19:26uh that's fueled with in in in changes

19:28in the how they're treated in by their

19:30peers,

19:31that can that can be retaliation under

19:33Civil Rights Act Title VII of Civil

19:35Rights Act of 1964.

19:37And so because if that will dissuade a

19:41reasonable worker from making uh or

19:44supporting a discrimination complaint,

19:47uh

19:48it could you know that

19:51gossip, that environment you've allowed

19:53is basically, you know, a retaliatory

19:56hostile type work environment. And if

19:59that's the way things are in the

20:01organization, that's going to be a

20:02really negative

20:04uh issue when if you do end up in some

20:07litigation.

20:09Because when employees says, "Yes, well,

20:12I you know, I I made this complaint and

20:15then this I was frozen out and everybody

20:17was talking about me." Or

20:20if you've created a whole environment

20:22and another employee who did know

20:23something and probably should have

20:26brought up an issue and a concern and

20:29there's some sort of litigation, the

20:32employer is now going to be in a

20:34position where the you know, the they're

20:36going to answer questions from the

20:38plaintiff's lawyer like, "Well, you

20:40know, you've had this this whole

20:42environment where people weren't willing

20:44to step forward and say something

20:45because of how you've treated these

20:46things and the kind of behavior you've

20:48tolerated. You've let people talk trash

20:50about one another.

20:52Uh and in these other cases, this

20:54employee saw that people were treated

20:56differently. So, why would they step

20:58forward to say something? So, employer,

21:01uh even if this was um something that

21:04had you known about, you you have tried

21:05to fix, these employees weren't willing

21:07to come forward because how you how you

21:09treated people in the past. And um

21:13then

21:14if gossip

21:16is wrong, if it's said with malice,

21:20uh is poorly communi- you know,

21:22poorly communicated words

21:25uh

21:25come out and they're not exactly

21:27accurate and it looks like we're

21:31retaliating against this person or we're

21:32mad they made this this claim,

21:34uh

21:35that can turn into a defamation claim

21:37and those are

21:40uh

21:40you know, every state's got some

21:42defamation law and uh

21:45if it's it's not a high it's not a high

21:47bar often to prove that something is is

21:49defama- defamation under state law.

21:52So, there's a whole matrix of potential

21:57issues, whether it's retaliation,

21:59hostile work environment, defamation. I

22:02talked about discovery exposure,

22:03something you know, if you're putting

22:04anything in writing. And then other

22:06confidentiality uh concerns between

22:10the Americans with Disabi- the

22:12Americans with Disabilities Act uh or or

22:14GINA, those kind of laws have their own

22:18confidentiality expectations. And then

22:20you've got

22:22we'll talk about this in a minute, Title

22:23VII, which has kind of a

22:25different take on confidentiality.

22:27And then you've got state common law

22:29torts that you need to be worried about

22:30and the National Labor Relations Act

22:33because you got a whole other issue with

22:35NLRA uh that we'll get into about

22:37confidentiality that suggests that,

22:40well,

22:41not everything can be confidential uh

22:43strictly held confidential. So, we'll

22:45have to get into that. So, it's it's

22:47kind of a little minefield for

22:48employers. So, let's talk about this

22:50confidentiality.

22:52Under Title VII

22:54uh

22:56employ- you know, it just prohibits

22:58retaliation and discrimination and

23:01employers must avoid treatment that

23:04discriminates against someone for

23:06opposing discrimination.

23:08Uh

23:09so, and that includes creating or

23:11allowing an environment where an

23:13employee uh who participates in an

23:15investigation or reports conduct is

23:18identified, ostracized, mocked, or

23:21otherwise treated poorly by their

23:23co-workers.

23:24Um

23:26and

23:27the EEOC's document promising practices

23:31for preventing harassment suggest

23:34policies that explicitly state

23:36protection of confidentiality to the

23:38greatest extent possible. So, those are

23:40the important words, to the greatest

23:42extent possible. What does that really

23:44mean? The

23:45the issue is

23:48you can't always guarantee uh

23:50confidentiality, right? Because we know

23:53that

23:56there are certain people who are going

23:57to need to know to make a business

23:58decision what happened.

24:00And then, there's always the risk of

24:02litigation.

24:04And then, nothing is confidential. There

24:05is no off-the-record conversation if you

24:08get a subpoena or you get called to a

24:09deposition or to testify.

24:11And so, we can't promise

24:14pure confidentiality.

24:17But of course, there are other things

24:20where you know, we treat it reasonably

24:23confidentially, and we certainly don't

24:24tell people who don't have a business

24:25need to know.

24:27Uh the Americans with Disabilities Act

24:29certainly defines specific things that

24:31employers are expected to keep

24:32confidential.

24:34But

24:36then, when we're having

24:37conducting investigation or trying to

24:39collect information about what's going

24:40on with, you know, maybe the gossip has

24:43come to a manager's attention, and

24:44they're trying to figure out what the

24:45the veracity of what's being said and

24:48and what's going on,

24:50our gut instinct is to tell the

24:51employees, and

24:53you know, this is confidential, you

24:54can't talk to anybody else about it.

24:58But,

24:59first of all, they're going to anyway,

25:01but beyond that, the National Labor

25:03Relations Act gets involved here, and

25:05employees have a right to discuss the

25:10terms and conditions of their

25:11employment,

25:13which often can, you know, melt into

25:15what some of these conflicts are, or

25:17even complaints about how people are

25:18treated in the organization.

25:21And it's an unfair labor practice to

25:23tell employees they cannot discuss

25:25those kind of issues. And so, we have to

25:28go through this whole process where

25:31we have to say, you know, the in the

25:33best interest of the organization,

25:35it is better that you keep this

25:36confidential so that we can, you know,

25:38make a a decision that isn't affected,

25:43and, you know, get gather the

25:45information without concern that

25:48it's being, um, filtered or colored by,

25:53you know, people who uh, maybe,

25:56you know, are sharing information they

25:58shouldn't, and at the same time,

26:01say, you know,

26:03tell them, you know, that's the best

26:05thing, but avoid telling them, you

26:06cannot talk to anybody else about it,

26:08because often

26:09that's not going to be a practice that

26:11you can really, uh, get away with with

26:14the NLRB.

26:16So, what do we tell managers to do?

26:19Um,

26:20the manager's primary responsibility is

26:22to resolve conflict via direct factual

26:26discussion with the parties involved,

26:29not through gossip or unnecessary

26:31sharing sensitive or personal

26:33information. Seems obvious, right? But,

26:35managers have this tendency to want to

26:38build

26:39team, right? I want everybody to feel

26:41like they're included. I want to, you

26:43know, a lot of managers want their

26:45workplaces to be democracies until they

26:47don't. And, but then they've already

26:49started down that path. But, managers

26:52should look for opportunities when they

26:53hear gossip to disrupt it by reassuring

26:57employees that the company takes

26:59violations of policy, violations of law

27:02seriously. And that includes policies

27:04about how we treat one another, how we

27:07um you know, what our values are and how

27:08we operate according to our values, uh

27:11those kinds of things. So, we remind

27:13employees of those things and then

27:16redirect them. So, we reassure them the

27:18company takes this seriously, we have

27:19processes in place to do these things,

27:22to make sure that people are treated

27:24fairly, to make sure we have compliance

27:25with our policies,

27:26and then redirect the employee. The best

27:28thing you can do in this situation, if

27:31you don't have new information that you

27:32know firsthand to share with me,

27:34is go back and do your job and trust

27:38this process that the company is

27:40undergoing to resolve this this

27:43conflict, to understand what happened,

27:44to investigate this. Uh but, so it's

27:46reassure, we have a policy,

27:49we're taking it seriously, we're

27:50following through on it, and you will

27:52never know all the details for what what

27:54drove our decisions.

27:56And redirect them.

27:58And the best thing you can do is support

28:00your team by doing a really great job.

28:03And

28:04if you get if you experience something

28:06or you learn of information that is that

28:09you think that I as a leader need to

28:11know or that would affect this

28:13investigation, that's where you raise

28:14your hand and bring it up.

28:16Um

28:17but, never uh is

28:21you know, do do we want managers

28:22participating in or

28:25uh

28:26encouraging

28:27employees to

28:29you know, participate in a rumor mill or

28:32to to gossip or you know, just certainly

28:34to treat anybody uh differently because

28:37they participated in one of these

28:39um one of these

28:42you know, gossip fires.

28:44So, and the other thing they need to do

28:45is document conversations when they come

28:47to their attention

28:49but reflecting only factual information,

28:51not their opinions. Avoiding using

28:54emails or messaging platforms to vent or

28:57discuss sensitive conflict sensitive,

29:00you know, in casual forums. Just avoid

29:03putting stuff in writing. I mean, it's

29:05you know, it's litigation prep 101,

29:07litigation avoidance 101, but

29:10don't put stuff in writing in emails,

29:12Slack. Don't get in your large language

29:14model to GPT or Claude or whatever you

29:17use and and and lay out the scenario.

29:20Here's what Here's what's happened and

29:22what should I do? Because that's all

29:24discoverable as well. And so, if we're

29:27using AI as our as our business coach,

29:31just know that you're writing it down,

29:33it's discoverable. You know, you may

29:35have your, you know,

29:37Claude or Open AI may get a subpoena at

29:41some point for their records of all your

29:43interactions. And they're going to sit

29:45out there. They're going to be there.

29:47So, here's an example.

29:49Tim was fired after an investigation

29:51determined that he sexually harassed

29:53Kathy.

29:55Another employee is asking if it is true

29:57that Tim was caught stealing. So, Tim

29:59was fired.

30:00We haven't told that the whole anybody

30:02why he was fired. And quite honestly,

30:04most of them don't need to know, but the

30:06rumor mill started. And so, when a

30:10third-party employee is saying, "Hey, I

30:12heard Tim got fired. Was it cuz he was

30:14stealing?"

30:16And so, you know,

30:18the inappropriate responses are a

30:20million, right? No, he wasn't stealing.

30:22It was a harassment issue.

30:24Or he was hired for He was fired for

30:26sexually harassing Kathy. Well, that's

30:28not good.

30:29HR found his behavior inappropriate, so

30:32they had to let him go.

30:34Or there was an investigation and it

30:35didn't look good for him.

30:37Or it wasn't theft, but we don't fire

30:39people for minor stuff. Those are all

30:41things employers should not say cuz it's

30:44uh that the manager should not tell

30:45anybody cuz it's none of their business.

30:48But what a manager should say is, "I

30:50can't discuss the details of any

30:52personnel matter. What I can say is that

30:55the company addressed the situation

30:56consistent with our policies.

30:59If you have concerns about anybody

31:01else's conduct, please bring it to me.

31:03We take it seriously." Or "We don't

31:05share information about investigations

31:07or discipline, but concerns are handled

31:08seriously and appropriately. If you have

31:11concern about others' conduct, please

31:13bring it to me."

31:14Or even "I understand the curiosity, but

31:17it wouldn't be fair or respectful to

31:19discuss someone else's employment

31:21situation. If you have any concerns

31:23about other people's conduct, please

31:25bring it to me."

31:27Or

31:28you know, "I understand your curiosity,

31:29but just like if you were part of an

31:32investigation and maybe you made a

31:34complaint or you were a recipient of a

31:36complaint,

31:37you wouldn't want people talking out of

31:39school about that circumstance

31:40regardless of what the outcome was. And

31:43we want to extend that same respect to

31:45every member of the team, so I'm sure

31:47you understand that. And if you ever

31:49have a concern about anything that

31:51actually is going on that's in you know,

31:53that's a violation of policy or law or

31:55just something that makes you very

31:57uncomfortable, bring it to me. I will

31:59take it seriously." So those are the

32:01kind of responses that um

32:05employers need to be trained to do. It's

32:08that whole reassure and redirect

32:09process.

32:11Uh they need to remember they were they

32:13were

32:14they reflect the company to the

32:15employees and anything they say is the

32:18company telling the employee something.

32:20And so they need to be cautious in how

32:23they do it and it just needs to always

32:25go back to

32:26uh company has policies, we'll follow

32:29them.

32:30You can have faith and trust that and

32:33redirect them.

32:35Just you know, best thing you can do is

32:36do your job, and if anything else comes

32:38up, or there's ever a circumstance where

32:40you're you're concerned about something,

32:44I will take it seriously, just like I'm

32:45we took this this other matter

32:47seriously. Please bring it to me.

32:50And so, before a manager shares

32:51anything, maybe a maybe a senior leader

32:54outside of their food chain is asking

32:56for information, right? And so, does

32:59this person really have a legitimate

33:00business to need to know this

33:02information, or they just curious? Are

33:04they just, you know, want to, you know,

33:07get the scoop on what's going on?

33:09And then, is what I'm about to share a

33:12verifi- a verifiable fact, or is it my

33:15interpretation interpretation, my

33:17opinion,

33:19uh or my emotion that I'm sharing?

33:21And if it is, don't do that for sure.

33:24Uh and if if they have a legitimate

33:27business needs, and I'm actually

33:29sharing verifiable facts, uh

33:33if this was trea- repeated publicly,

33:36would it harm

33:37the trust in the organization, open

33:39legal exposure, or embarrass people who

33:42were involved?

33:43And

33:44if if any of those are,

33:47you know,

33:48true, you know, that they don't have

33:51reasons to share this information,

33:53they the manager, even if it's an

33:55upper-level person, should redirect that

33:57person to HR, to ethics, or whoever it

34:01is in your organization that's handling

34:02that, or to their peer in your in your

34:04in your

34:05uh supervisory chain.

34:08It shouldn't be

34:10uh well, this guy's the CFO, and he's

34:12asking me for this, so I'm going to give

34:13him that information. That's not the

34:15manage- you know, first of all, the CFO

34:17shouldn't do that, but we've all been in

34:18organizations where maybe maybe not all

34:20of us, but I've certainly been seeing

34:22organizations where um

34:25C-suite or or more senior managers um

34:30did feel comfortable going to somebody

34:32else's reports and saying, "Hey, uh tell

34:34me about this situation or give me the

34:36scoop what's going on here. I you know,

34:38I need I need to understand this." Well,

34:40it's not my job as a frontline

34:41supervisor to know whether you need that

34:43information really or not, but somebody

34:45up my food chain probably does and so I

34:48will refer them up the food chain or

34:50refer them to HR and and do it that way.

34:57What managers sometimes do is they fall

34:59into the trap of trying to

35:03um share details

35:05that they shouldn't share, but

35:08you know,

35:10sometimes it's to defend the company's

35:12decision. Yeah, well, you know, if

35:14somebody's upset about something the

35:15company decided and there's stuff

35:19there's insider baseball sometimes that

35:20managers know that employees ought not

35:23know for whatever reason, whether it's

35:25privacy,

35:27a company policy concerns, uh

35:30just proprietary information about what

35:32the company is is dealing with in a

35:34given time.

35:35And so that but they want to share

35:36information so that the employees who

35:38think this is unfair or whatever's

35:40decided or they just got the wrong

35:42reasons that they're applying to it,

35:44they want to defend the company's

35:45decision and so

35:48they share information they shouldn't

35:49share.

35:50Or sometimes they hear gossip and

35:52they're like, "Oh, that's not right. Let

35:54me tell you what happened." Just uh you

35:56know, squash this gossip. Well, again,

35:59that's sharing information that can come

36:01back and and and and bite us and

36:04it's not that frontline supervisor's not

36:06that manager's job to to do that. What

36:10they need to do is reassure, redirect,

36:13okay, you know,

36:15uh

36:16and not even saying this is correct or

36:17not, just saying this isn't involved you

36:20and it's really inappropriate that you

36:22know, that that people outside of

36:25directly not involved with this are are

36:28talking about it. They you know, they

36:31they

36:32typically do not have all the facts.

36:34We've got company policies, we've got a

36:36process we use to

36:38you know, investigate these kind of

36:39complaints or whatever it was.

36:41And

36:43we take it seriously. So, if you ever

36:44have an issue, you can bring you know,

36:46the facts to me or to HR and they will

36:49investigate it and treat it with the

36:51same level of confidentiality to the

36:54extent they can and respect and

36:55compassion

36:57as we're treating this matter here. And

37:00you know, we do not want to have none of

37:01us want to work in a in a in a

37:03environment where where people are

37:06speculating about one another all the

37:08time. The best thing you can do is do

37:10your best to create a you know, be part

37:12of a healthy work environment and do

37:14your job. Push the team forward, help

37:16the team be successful.

37:19And sometimes they do it just to signal

37:20moral judgment.

37:21Uh you know, uh

37:23sometimes our managers can be

37:24performative formative a little bit and

37:28uh they want to they want to be seen as

37:30one of the guys or one of the team and

37:33they're no longer one of the team, but

37:34we don't always do a great job of

37:36training managers that there's a

37:38difference between being an individual

37:40contributor on the team and being a

37:42manager or supervisor. And uh

37:46yeah, it's

37:47you can't you know, we see it in the the

37:49old TV show The Office, you know, the

37:51Michael Scott kind of syndrome where you

37:54want to be everybody's friend and so you

37:56get it you fall into that trap of uh

37:59of you know, wanting to be a peer and

38:02that's not always the way to go either.

38:06So, what can I say instead? We've talked

38:08about a few of these. We don't share

38:10information, but concerns are handled

38:12seriously. If you have concerns about

38:13workplace misconduct, bring them

38:15forward. All those kinds of things.

38:18Um but don't share

38:21uh

38:22you know, information with people who

38:23don't have a real need to know and

38:26uh don't share details

38:28uh uh

38:29in order to defend the company, correct

38:31facts of gossip with facts, or signal

38:33moral judgment. And for Pete's sake, if

38:36you're ever concerned about what to do,

38:38the manager should go to HR or legal and

38:41seek the advice seek, you know, their

38:43direction.

38:46And then, again, we don't train managers

38:47very well. Um

38:50But we've a little emotional

38:52intelligence will go a long way in these

38:54circumstances because

38:58we as managers as as just as people,

39:02when somebody comes to us with a

39:03question, sometimes

39:05we get we get angry, right?

39:07Um

39:09cuz maybe

39:10we know a little bit more about what's

39:11going on, or we think we know a little

39:13bit more of what's going on, and we uh

39:17let our own emotions

39:18uh drive how we respond to

39:22the situation and what employees say.

39:24So, maybe we don't as a manager think

39:27this investigation was conducted well,

39:29or we don't like the outcome of it. And

39:31then, so, now the gossip mill's burning,

39:34and people are coming out to us,

39:35and we

39:37if we're not cautious, we'll respond in

39:39the moment.

39:41And so, we need to treat teach managers

39:43to pause before you speak.

39:46Allow yourself a moment to collect your

39:48thoughts and reflect on this other

39:49person's demeanor. That's the core of

39:52uh

39:53of emotional intelligence is being able

39:55to read what's going on with this

39:57person. What are they What's What's

39:58really driving the behavior, or in this

40:01case, the question or the comment that

40:02they're feeding me.

40:03Um so, we may realize that

40:07from you know, I'm getting triggered

40:09here. Why is it? And uh

40:12And so, you may have to tell yourself,

40:14you know, I want to

40:16I want to set the record straight, but

40:19that would be a breach of trust. That's

40:20outside of my responsibility.

40:22Um employee ask a question and they're

40:24sitting there waiting for an answer and

40:26they're being quiet and you feel like

40:28you've got to just kind of throw up and

40:30fill the gap with some words and

40:33um

40:35we have to avoid that urge of just

40:37filling the gap. Just saying, here's

40:40what the straight answer is. This is

40:42what the script says.

40:44And then we be quiet and just say that's

40:46the that's you know, that's what it

40:48that's

40:49what the company's doing. This is what

40:50the expectations of you are.

40:53Go back to work.

40:54And um

40:56and then they need to um

40:59avoid the the the trap of being the hero

41:01for the team. Nobody's going to do

41:03something like this to somebody on my

41:04team and get away with it.

41:06Uh

41:07because again, it's emotional, but it's

41:08also

41:10uh just taking that person's that

41:12manager's objectivity away when they you

41:15know, as far as

41:17you know, when the next

41:19allegation's made, much less the current

41:21investigation or whatever. The next

41:23concern is risen.

41:25This you know, certain employees are

41:26going to say, yeah, he's going to defend

41:28the team or she's going to you know,

41:31always push back against HR cuz you

41:33know, their policies are dumb. She said

41:36so.

41:37Those kinds of things.

41:39And so we have to acknowledge our

41:40emotion without indulging in it and then

41:44de-escalate the tension.

41:46Um

41:47you know, focus on how do we move

41:49forward, not turn it into

41:52a session about you or your feelings or

41:55anything like that as a manager.

41:57Um and then

42:00maybe this we need to ask another

42:02question of this employee. So

42:06you seem very concerned about this and

42:08you're not directly involved.

42:10What's going on there?

42:13And maybe the employee tells you

42:15something

42:17that you did need to know.

42:19You know, maybe there's an allegation

42:21that this person uh

42:24bullied, you know, was a bully to

42:26somebody else in the organization.

42:28And maybe this employee is legitimately

42:30concerned or

42:33if not legitimately, you know,

42:34tangentially, there's you know, there's

42:36you know, they want to know

42:38what's going on. And maybe they tell

42:40you, "Well, yeah, you know,

42:43these allegations are made against uh

42:44Pete and for

42:46you know, Pete's been taking my lunch

42:48money every day for the last 6 months.

42:51Um and so now

42:53thing now there now I've got something

42:55that's not gossip. I've got this direct

42:57information from this person about Pete.

43:01And this is something HR or whoever's,

43:03you know, whoever's uh

43:05has some authority in this investigation

43:07process need may need to know. And we

43:09may need to take this person over to HR

43:12and have a conversation. But now we're

43:14not dealing with gossip. We're not you

43:16know, we're talking about this person's

43:17direct experience. And

43:19so we don't want to just shut down the

43:21conversations altogether. We want to

43:23understand why they're having this Why

43:25is this an issue for them? And sometimes

43:26you just get the feeling that yeah, that

43:28they're just being nosy. And people are

43:29nosy. We like to you know, we like to

43:31get the scoop.

43:32But sometimes if we're curious and we

43:35breathe through it,

43:37we stop and say there's something else

43:38going on here. Let me dig in deeper

43:40around what that issue is.

43:43And so

43:46just to recap the communications best

43:48practices uh you know, first of all, the

43:51first rule is

43:52if whatever you said or whatever you

43:54published especially is was on the front

43:58page of your company intranet, you know,

44:01uh the next morning, would that be a

44:03problem?

44:04Uh used to be the newspaper front page

44:06of the newspaper test, but of course I'm

44:08old enough there's enough gray hair here

44:10to remember when we actually you know,

44:12had newspapers delivered to our homes as

44:14like actual pieces of paper. Um but you

44:18know, if it's on the front page of the

44:19internet or the front page of the

44:20newspaper if it was out there that this

44:24was related to you

44:26uh you know, that you'd said this thing

44:28what would that mean? What would that

44:29mean for the company? What would that

44:30mean for you? For your uh for your

44:32relationships in the organization, the

44:34trust you built with your employees and

44:35the rest of the team. So uh that's

44:39the overarching rule, but then here's

44:41just a little cheat sheet. We've said

44:43most of this. Lean towards less

44:45information, not more.

44:47Uh reinforce the sensitivity of the

44:49information. Please treat this as

44:51private.

44:52That's very different than saying you

44:53cannot talk about it. Uh

44:56uh restate the professional expectations

44:58at every opportunity. Our expectations

45:01are that we treat each other with

45:02respect. Uh that we all show up every

45:05day to move the organization forward. We

45:07work as one with compassion and respect.

45:10Uh those kinds of things.

45:12Uh if it's ambiguous at all, talk to HR

45:15or legal. Assure employees that

45:16retaliation will never be tolerated and

45:19and retaliation doesn't mean just you

45:21know you're not going to you know

45:25be mean to this person and overtly. It

45:28does means it also means that you're

45:29going to you're not you're not going to

45:31change your behaviors towards them. But

45:33in in in our work senses we're not going

45:35to exclude them from meetings they need

45:37to be a part of. We're not going to

45:40insist that any any right I see this all

45:42the time. Um I refuse to have any verbal

45:45conversations with that person. Anything

45:47that they want they must give me in

45:48writing. No, we ain't doing that. That's

45:50not how we do business here. Uh if

45:52you've got a problem with this person uh

45:55in a specific when you've got specific

45:57facts then let's sit down and have a

45:58conversation.

46:00But no, we're not going to do that. Oh,

46:02I refuse to, you know, talk to in you

46:04know, employees who say this about the I

46:05refuse to take any direction from my

46:07supervisor. I asked that they give it to

46:08me all in writing and they have to do

46:10that. No, they don't.

46:11Your job is to work with uh the

46:14organization with with your teammates

46:17and uh if

46:19and do what your manager tells you.

46:21Uh but, anyway, uh got off on a tangent

46:23there, shocker. Uh and document only

46:26facts and observable behavior, not your

46:28instincts, not your gut, not your

46:30feelings about stuff. And then, the

46:32exact opposite of those things. We've

46:34we've pretty much talked about most of

46:35those. We don't want to dig too deep

46:37into the things that are emotional

46:40driven, speculation,

46:42um your own opinions about what people

46:45should do, those kinds of things. And

46:47don't create discoverable records that

46:50uh that have any of that kind of

46:51information in them.

46:54So, okay, now here's here's the tricky

46:57part.

46:58Um

46:59you

47:00uh have the uh chat box there

47:03and I am going to

47:06uh

47:07Actually, I want to start new chat.

47:08Let's let's go over to the uh

47:11um just on your screen, you should have

47:14a little hand raised to raise your hand.

47:16Um if I and we will sit here until

47:19somebody does it. So, you might as well

47:21just push that button. So, Joe and Bill

47:24have an ongoing personality conflict

47:26finally leading to a shouting match in

47:28the office that almost came to blows.

47:32Joe called Bill a rude name and stormed

47:35off. The team is divided on who is at

47:37fault. Another employee, Kevin, comes to

47:40the manager and asks what's going to

47:42happen to Joe because Kevin feels unsafe

47:45continuing to work with him. And if I'm

47:47the manager, I will say, my first

47:49instinct when I hear unsafe is, "Oh

47:51gosh, here we go." But,

47:53that's my gut instinct. That doesn't

47:55mean that's what I'm going to do. So,

47:56if what would you do in this situation

47:59if you're the the manager and Kevin

48:02comes to you and says that he he wants

48:04to know what's going to happen because

48:06he feels unsafe continuing to work

48:09with Joe.

48:12Drop me a note in the chat box if that's

48:15the way you want to do it or just raise

48:17your hand and I will

48:19uh

48:20I will unmute you. So, let me find let

48:23me find this here.

48:25How does it How does it

48:27Uh somebody raise their hand. Oh, there

48:29it is. Show me your hand. There it is.

48:32Okay, Barbara. I'm going to allow you to

48:34talk, Barbara. Go.

48:36What would you do, Barbara?

48:38Okay, well, I would first ask the

48:41individual if they have specific

48:43situations that make them feel unsafe

48:46because it's possible there are things

48:47beyond this shouting match that led this

48:50person to feel unsafe. So, figure out

48:54you know, talk to me what's going on,

48:56what's happening.

48:57Let me know.

48:59Right. Good. Yeah, that's a that's a big

49:01one, right? You know, maybe there's

49:02something else there than just what he

49:05saw.

49:06Uh Sherry, what do you say What would

49:08What else would you say?

49:12You might need to unmute.

49:22Sherry, you raised your hand, but I'm

49:23not hearing you. So,

49:25Does anyone else have a hand up?

49:28I'll keep watching for it.

49:30Uh oh, there you go, Sherry.

49:33Well, you're not muted, Sherry, but I

49:35can't hear you.

49:36W. C. Fields said never work with

49:38children or pets, and I think it's

49:40probably true on in the Zoom world not

49:42to work with lot hot mics, but we

49:45haven't done tech runs with every single

49:46person.

49:47Okay. Well,

49:49Sherry, if you get your audio to come

49:51back on, just jump in, but I think uh

49:54Barbara was right that the issue first

49:57is let's dig deeper into this joy. What

49:58does he feel uncomfortable about? Why

50:00does he feel unsafe?

50:01And, you know,

50:03maybe maybe Kevin starts sharing, "Well,

50:06I just don't like conflict and and, you

50:09know, that was really inappropriate."

50:11And then the manager's job is to, you

50:12know, the manager's instinct is to say,

50:14"Yes, it was inappropriate. You're

50:15right, it was, and I'm sorry you went

50:16through that." Well, you know, let's tap

50:18that back a little bit and just say,

50:20"Okay, so

50:22if you ever have any concerns about, you

50:24know,

50:25your own safety

50:27and, you know, you certainly will

50:28personally ever feel

50:30threatened,

50:31that's not something we we would

50:33tolerate, and I would want you to bring

50:34it to me so we would investigate that.

50:36We'd take it very seriously.

50:38I can't tell you what's going to happen

50:39in this particular case between Joe and

50:41Bill.

50:42You know, HR's investigating it. There's

50:44a process in place, and

50:47they will come to the right decision.

50:48That's, you know, according to company

50:50policy and the law. The best thing you

50:52can do is if you have any concerns or

50:54any there's direct things that you're

50:56that you experience, we need to know

50:58about, then you can bring it forward.

51:00Sherry, did Was that you I heard a

51:02minute ago? Can you hear me? Yay! Thank

51:04Okay. [laughter]

51:07Um I would I would start um an

51:10investigation, but I would first pull in

51:12Joe individually, Bill individually, and

51:15get the facts on

51:18their situation. Right. And then address

51:21Kevin's situation, but I would

51:23ultimately figure out what happened and

51:25see if there was any witnesses, and just

51:27do a full-scale investigation to figure

51:29out

51:29>> Oh, for sure. Oh, yeah. Yeah,

51:31definitely. Yeah.

51:32Uh and and on something at this level,

51:35I'm assuming HR's involved. I'm hoping

51:37HR's involved. Uh Right. Uh and

51:40>> am HR. Yeah, yeah, [laughter] yeah,

51:42exactly. So, and if they went to the

51:44manager, I you know, I think I'd want

51:46the manager to refer the person to HR if

51:48he's got real concerns about his actual

51:50safety and security.

51:51And if he's not comfortable doing it,

51:52that's where I would pick the pick his

51:54brain a little deeper to say what was

51:55really going on in the past to bring us.

51:58Thank you. Thank you, Sherry.

52:00So, let's go let's take it to the next

52:02step.

52:03Joe and Bill were suspended pending

52:05investigation.

52:07>> [sighs]

52:07>> And oops, went backwards. Joe and Bill

52:10were

52:11were suspended pending investigation.

52:13Their manager, wanting to maintain

52:15maintain transparency, held a team

52:17meeting via Zoom because some team

52:20members were remote. He says, "I know

52:22you're aware of the incident between Joe

52:23and Bill. HR is investigating a

52:25complaint, but I'm sure we'll work this

52:27out. They are both valued employees.

52:30We'll know more soon."

52:32So, what do y'all think?

52:34Somebody raise your hand and tell me

52:36what

52:37you would do in that situation.

52:43Anybody got anything there?

52:49I saw I saw I saw one. There we go.

52:51Devon, tell tell me what you got.

52:56You might need to unmute.

52:57Arthur, can you hear me?

52:58>> There you go. Yes.

53:00Um you know, I I I don't think I would

53:02call a team meeting.

53:04Um I I I don't think I would bring

53:05people in on Zoom

53:07um

53:08to address and let them know exactly

53:10what was going on.

53:12Uh

53:12I I may

53:14bring those that were uh specifically in

53:18um the the scenario or or

53:20the the vicinity, let them know that,

53:22you know, we do know that we have been

53:24made aware. Um we're looking into it,

53:26and if they should have any concerns, if

53:28they should like to discuss it, if it

53:30made them feel certain way, uh human

53:32resources door is always open. As you

53:34know, many people said before, we take

53:36these things very seriously, and go from

53:38there. But I I I don't know bringing it

53:40to the entire organization let them know

53:42that this happened and

53:44where we're going with this like this.

53:46Especially

53:48Zoom, right? I mean, Zoom is

53:51we've seen so many instances where

53:52people had said things on Zoom and it

53:55ended up all over the internet. Uh you

53:58even if the recording button is not

53:59pushed on Zoom

54:01there's a thousand ways to record that

54:03stuff and it gets recorded all the time.

54:05And so and that's now we've got discover

54:07something that's discoverable. And

54:11and so that's that's

54:13that's a thing. Let's jump over to

54:15Silvia. Silvia, what have you got? What

54:17do you what do you think?

54:19You might need to unmute.

54:25You just went to mute then unmute me,

54:27Silvia. Now you're muted again.

54:34Well,

54:35so yeah, I think you know, part of the

54:36other issue is on this one is

54:40uh

54:40you know, besides just doing it as a

54:41Zoom meeting

54:43uh

54:44I think a different emotional

54:45intelligence response to the whole

54:47situation would have would have been

54:50better. I think the manager probably the

54:52instinct was right, right? I mean, I I

54:55want I want my team to feel safe. I want

54:57them to know that there's a process in

54:58place.

54:59Uh

55:00but uh

55:02I think the the idea that let's just do

55:04it straight with

55:06the people who are involved rather than

55:07dragging the whole team into it uh cuz

55:10now we are just firing up um

55:14a bunch of conversation

55:16um and

55:17uh

55:18we're fueling some

55:20gossip because what's going to happen is

55:21people who weren't aware of the

55:22situation are going to start instant

55:24messaging the other people who you know,

55:26the remote people aren't aren't going to

55:27see you know, what's going on and

55:29they're going to start uh messaging back

55:31and forth to try to figure out what the

55:32heck's going on. What are we talking

55:33about?

55:34And uh

55:36Silvia, I think you're unmuted now.

55:38Yes, can you hear me?

55:40Hi Mike. Thank you for your podcast and

55:42doing this webinar.

55:44Um, I think

55:45with this situation, I think it's always

55:47best practice for HR, we haven't already

55:49mentioned, is when you have human

55:52behavior like this with Joe and Bill and

55:55we have an organization, to mitigate

55:57gossip is for HR to

56:00um, talk to the manager right away and

56:02saying, "Hey, in order to maintain

56:04transparency, don't hold meetings with

56:07your team um,

56:09to talk about maintaining transparency

56:12cuz there might be things that, um,

56:15you haven't been coached to say or, um,

56:17just

56:18being to be a

56:20a valuable player of the team and you

56:22you want to stay in good graces with

56:25your your team members, make sure you

56:27loop HR into this meeting as a

56:29third-party witness. So, you are not

56:31saying, um, inappropriate things that

56:33put the organization at risk. So, I

56:35think at best practice, when you have a

56:37situation like this, always loop the

56:39manager in first and saying, "Hey,

56:41pending this investigation,

56:44let's let's talk about a pathway to talk

56:47talk to your team members, um, while we

56:50conclude this investigation." So, best

56:53practice, talk to the manager first,

56:55too. Mhm. Yeah, for sure and I think

56:57that's, uh,

56:59that's the

57:02you know,

57:03helping HR's role there. I always say

57:06HR's job is, uh, to be the risk advisor,

57:09but it's, you know, the risk managers

57:11are those front-line supervisors all the

57:13way to the executive people.

57:15Um, and, you know, so let me help you

57:17put a script together before we get on,

57:19you know, before you jump on this call,

57:21if we actually have to have have a

57:22conversation with even with just the

57:24small group, let me help you script the

57:26conversation. Here's what what come up.

57:29Here's how we we respond to that and and

57:31go through those kind of conversations.

57:33Let's go to the next scenario.

57:35One of your employees shares some

57:36salacious details she heard about

57:38another employees sexual harassment

57:40complaint against another manager.

57:43Neither Neither of them work in your

57:44department. We're running up on time

57:45here, so I think this one's probably

57:47already obvious. This is a definitely a

57:49redirect reassuring redirect. Well, you

57:52know,

57:54that's interesting, I guess, but here's

57:56the you know, that's not how we would if

57:59if this is involving somebody in my

58:00team, I wouldn't want other people

58:01talking about this out of school and you

58:05know, the company's values all you know,

58:07include respecting one another.

58:09And so, you know, generally I'm you

58:13know, I don't I don't think it's

58:14something we should just be talking

58:15about, but you seem to have some

58:16details. If you've got firsthand

58:18knowledge of something that's that's

58:20really relevant, I think you should go

58:23take that to HR.

58:24And send them to HR. I mean, as the as

58:27the person's direct supervisor, I don't

58:29need you know, I don't want to get my

58:30hands done Why do I need to know this? I

58:32don't need to know it, but you should go

58:33tell the tell HR this or maybe

58:36if I'm not sure that they're going to do

58:37it,

58:38uh okay, hey, you know what? Let me just

58:40stop you right there.

58:42It sounds like you you know something

58:43that may be relevant. Let me walk you

58:46down to HR right now.

58:47And then they will really backpedal if

58:49they don't want to do that cuz they know

58:50they're just you know, adding gas to the

58:52fire.

58:53Uh but

58:55you know, that way

58:57you're setting the example that hey, we

58:59got a a way that we handle these things

59:02and we're not going to uh

59:05um you know, we're not going to just

59:08use it for cannon fodder here. What

59:11we're going to do is

59:13you know, if you've got real information

59:14that you're sharing with me, then let's

59:15go let's go share it with HR. We're not

59:18going to ignore it cuz there's legal

59:19risk there, too.

59:22And an employee notices Oh, I love this

59:24one. An An notices that a co-worker,

59:26John, has been absent for a week and

59:28asks manager, "Is John okay?"

59:32The manager replies, "He's been really

59:34struggling with anxiety lately. HR

59:36approved leave for him to get help, so

59:38hopefully he'll be back soon."

59:40Again, probably pretty obvious.

59:42Uh maybe the co-worker is truly

59:44concerned about John, or maybe she's

59:47just nosy, or maybe she's mad that she's

59:50picking up all John's slack. We don't

59:51know.

59:53But,

59:54none of those give us

59:56the manager any reason to share that

59:59John's got anxiety, that he's on leave

1:00:02to get help for that. And so, his his

1:00:04response should have been,

1:00:07um

1:00:08yeah, um

1:00:10uh I appreciate your concern. And

1:00:13uh

1:00:14you you know, John will be back uh very

1:00:17soon. I appreciate your help in keeping

1:00:19the organization and getting keeping the

1:00:20team moving forward in the meantime. If

1:00:23there's anything I can do to help you in

1:00:24that front, let me know.

1:00:26Just leave it there. And uh cuz people,

1:00:29you know,

1:00:30sometimes they're well-intentioned,

1:00:32sometimes they're just being nosy.

1:00:34Then so, John eventually returns to work

1:00:36with an ADA reasonable accommodation

1:00:37allowing him to work a modified

1:00:39schedule.

1:00:40Okay, so he's got an ADA accommodation,

1:00:43good. Nancy asks for similar schedule

1:00:45modification to help with child care.

1:00:48Without further explanation, the manager

1:00:50said it wasn't possible. Now, Nancy is

1:00:53complaining about favoritism.

1:00:56So, Nancy's got an issue,

1:00:59and

1:01:00uh and she you know, she sees John's got

1:01:02a modified schedule, she doesn't know

1:01:04why.

1:01:05And the manager, wisely this time,

1:01:07didn't say anything about John's uh

1:01:09anxiety because HR slapped him last time

1:01:12he did, so he learned that lesson. But

1:01:15now, he's just saying,

1:01:17uh it's not possible.

1:01:18And

1:01:20uh and so, Nancy's complaining. So,

1:01:23you know, the manager might have better

1:01:24responded to Nancy by saying, "Hey, you

1:01:26know, we have policies that that we

1:01:29abide by that determine all kinds of

1:01:31things about the terms and conditions of

1:01:33people's work. Uh,

1:01:35John's schedule isn't isn't in line with

1:01:38that. Um, and

1:01:42your request to modify your schedule, as

1:01:45we discussed when you requested it, was

1:01:46declined because of this. You know,

1:01:48whatever the reasons were. Maybe it's

1:01:50company policy, maybe it's, you know,

1:01:51whatever the reasons are. What Why did

1:01:53we make that decision?

1:01:55And And now Nancy's, you know, she's

1:01:58upset complaining about favoritism. And

1:02:01as HR, what do we If she comes to HR and

1:02:03says there's favoritism, we're basically

1:02:05going to have to say the same thing,

1:02:06right? We have policies in place and

1:02:09we're not going to mention the ADA or

1:02:11any of those issues. What we're going to

1:02:12say is we have policies in place that

1:02:14determine what people's work schedules

1:02:15are. Um, and yeah, I understand you've

1:02:19got that concern. We weren't able to

1:02:20accommodate it, but the, you know, but

1:02:24uh, you know, John's schedule is John's

1:02:26schedule. If you're having a hard time

1:02:27getting the work done or there's

1:02:29concerns

1:02:30uh, around workload, things like that,

1:02:32please let us know.

1:02:34Um, and of course, you know,

1:02:35every time I do this presentation live,

1:02:37somebody says, "Well, they should

1:02:38probably try to find a way to find, you

1:02:40know, accommodate Nancy, too." Ideally,

1:02:42yes, but there's some jobs where you

1:02:44just can't do that. And um,

1:02:47and certainly

1:02:49uh,

1:02:50John's ADA uh, accommodation is going to

1:02:54set precedent uh, over uh,

1:02:57an accommodation of convenience for for

1:03:00Nancy.

1:03:02Okay, and that's what we've got today.

1:03:04Thank you all for sticking out till the

1:03:06end. We went a few minutes over as ever.

1:03:08Uh, my 30-minute podcast is always 45.

1:03:11Uh,

1:03:12if you're watching this live as those of

1:03:14you who hear me say this right now are

1:03:17uh

1:03:18you will get an email this evening

1:03:20uh or tomorrow morning with uh a link to

1:03:23a quick survey to tell me uh what you

1:03:25liked, what you didn't like about the

1:03:27process, and then get the HRCI and SHRM

1:03:30recert credit. If you are watching the

1:03:33recording, then

1:03:36uh what you'll do is after you've

1:03:37completed the recording, go to

1:03:39imperativeinfo.com/webinars

1:03:41and use the keyword gossip,

1:03:44g o s s i p, to obtain the credit uh

1:03:48recert credit information. So, it's all

1:03:50there for you on the website.

1:03:52Also, we will uh you can get all of the

1:03:55the notes, my slides are mostly

1:03:57pictures, as you noticed, and all the

1:03:59notes uh it's a little book, basically,

1:04:01now uh are are are going to be available

1:04:04to download, as well, on the website.

1:04:07And don't forget the podcast. Every

1:04:08Thursday we drop an episode. We're in

1:04:10the 250s range now.

1:04:12Uh Good Morning HR, and every episode is

1:04:15pre-approved for HRCI and SHRM credit.

1:04:18So, until I see y'all next, thank you

1:04:21for joining me, and be well,

1:04:24do good,

1:04:25keep your chin up.

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