8 Tips for Handling Tough Employee Conversations

We all get cold feet when it comes to addressing difficult issues with colleagues in the workplace. It’s stressful, and you just can’t help but think of all of the ways that a well-meaning conversation could go sideways. You worry about the longer-lasting effects of a damaged work relationship but know that you must correct problematic work performance or behaviors before they get out of control.

Uncomfortable conversations about personal behaviors and poor performance are tough, and putting them off just allows the problems to worsen. Use your knowledge of the situation and put together the right combination of management skills to tackle the talk now.

Imagine these all-too-familiar employee situations that you know you need to address but don’t think you have the wisdom (or can’t muster up the courage) to handle:

  • The “No Good Deed Goes Unpunished” situation. For the past several months, one of your team members has been underperforming, and it has dragged down your business unit’s productivity. The underperforming employee has shared that she has a number of family and financial issues and is trying her hardest to stay focused on work because she needs this job and loves the company. She lives your company values and is well-liked by her co-workers. Everyone feels bad for her situation and has been picking up the slack, but they are growing resentful of the extra work with no end in sight. You’ve been trying to be kind by avoiding the issues as her performance has slid from bad to worse. It is now impacting your company’s overall performance and degrading the employee relations climate.
  • The “Bad Behavior, Great Performer” situation. One of your employees consistently exceeds his production goals at the expense of the company culture. He is highly critical of others, issues demands from other work teams without regard for their other priorities, and employees grudgingly drop everything to deliver on impossible deadlines because they believe that they cannot push back. It’s all about him and his performance. He is regularly recognized by the company leadership for being the top producer, and employee complaints to management about his behavior have not been addressed. While production goals are good, your company culture is sinking and you’re starting to see increased absenteeism and turnover among your staff.

Don’t Overlook the Signals

In addition to employee resentment and lost productivity, there’s a bottom-line impact for not tackling these tough talks at the right time and in the right manner. The key is to pay attention to the signals and not feed the problem with neglect.

In the first scenario, trying to be a kind and sensitive boss worked in the beginning but is now backfiring. At first the team worked together to help their struggling colleague, but without a plan to fix the problem in the longer term, it created three serious issues for you to fix: employee morale, lack of confidence in your leadership for missing the signals of “team fatigue,” and not having a plan to keep the team on track — all resulting in lost productivity.

The best thing you can do in situations like these is to work with the struggling employee to develop a plan that puts her back on track or helps her consider alternatives if necessary. This type of conversation requires sensitivity along with some firmness because you need to steer the conversation from the personal issues back to actionable work deliverables.

In my experience dealing with circumstances like the second scenario, typically management allows the top performer’s behavior to go unchecked for fear that if the employee is corrected his performance will suffer or he will quit the company. While there may be an element of truth to those concerns if the individual is unwilling to accept constructive feedback, the bigger fear should be for the company’s culture, employee erosion of trust and confidence in the leadership team, and the motivation, performance, and retention of the other company employees if the behavior is not changed.

Often the top performer continues to use the same work patterns that have been successful and isn’t even aware of the impact on others. Addressing the issues sensitively so that he can make personal changes has the potential to create even higher levels of team unity and performance.

What Signals are You Looking For?

For starters, watch your team’s interactions with each other, be sure that each team member understands their key performance objectives, and take the time to “check in” regularly and solicit feedback about the job, work team, and overall company with each employee.

Having direct conversations on a regular basis helps you nip problems in the bud and shows your employees that you care about their concerns. You also learn each other’s communication patterns so that when it comes time to have that awkward or difficult conversation, you both are less uncomfortable.

Groups where team members work remotely increase the chances that signals can be missed. When telecommuting is coupled with the use of instant messaging and other forms of communications in place of direct face-to-face or voice communications, the sender’s well-intentioned messages may get lost in translation. Be sure to follow up any electronic communications with a direct phone call or meeting.

Eight Tips for Tackling These Conversations

Strategies to manage conflicts with subordinates are not fully taught in business classes. More common are courses addressing project conflicts, where the focus is on fixing the “what” of the problem, such as resetting priorities, changing business plans, or repairing broken systems or processes. There are fewer tools focusing on how teams communicate and repairing broken business relationships. Preparation and planning are critical to get what you need from these hard conversations while keeping your relationship with the employee intact.

  1. Focus your own viewpoint first. If you start out thinking the conversation will be really hard, you’re going to be more anxious. Chances are the conversation will be harder. Instead, position this discussion as a means to enhance your relationship while helping your employee develop better skills, understand company priorities better, or work more positively on the team. Think about how you can deliver the difficult talking points with honesty, courage and fairness.
  2. Recognize the emotions you will be feeling. Are you disappointed in this employee? Angry about the problems they’ve caused? Scared that your conversation will damage your work relationship? Put your negative feelings aside and consider how you will frame the problem you need to discuss and how your employee may feel. Try to come at the discussion with consideration and compassion for their feelings and frame the conversation with a desire for the employee’s success. “John, we need to have a hard conversation today, and I’m feeling anxious because I want you to win. Please know that I am invested in your success and will work with you to make that happen.”
  3. Be intentional in planning the conversation, but don’t script it out so that your delivery sounds mechanical. Some consultants suggest drafting a script and considering alternatives based on the employee’s reactions. In my experience, these conversations never go completely according to plan, and scripted conversations feel artificial. Instead, write down key points and plan as if you are just having a simple conversation with a colleague. Be prepared to provide specifics and pace your conversation so that you take time to gauge your employee’s reactions to your comments. Your employee may react defensively if you provide vague statements. Instead of saying, “Sue, people in the company are telling me that you are difficult to work with and have a bad attitude,” frame the issue with examples, such as, “Sue, I am concerned because I’ve noticed in the last four team meetings you arrived late and weren’t prepared with project updates. As a result, both Joe and Sam missed their deliverables, and you didn’t let any of us know in advance that the timeline was slipping.”
  4. Recognize that you own part of the problem, too. Your goal is to have a conversation between adults where each owns some responsibility for the issue and solving the problem. This takes the conversation from finding fault to finding solutions. “Rob, I realize now that you have too many priorities and I didn’t provide you with the resources to deliver on the project. I also realize that I avoided addressing the problem at the beginning of the project and let it go too long without discussing it with you.”
  5. Outline what you want changed. Don’t just discuss the problem; describe the end result you envision. Discuss realistic and achievable outcomes and be willing to offer resources and assistance as appropriate.
  6. Ask the employee for his or her viewpoints. The last thing you want is a one-sided conversation. Slow the pace of the conversation, observe the employee’s reactions to your comments, and ask for feedback and suggestions for solving the problem. You may learn new information about what may have caused the problem, and the employee could offer even better solutions than you thought possible. Throughout the conversation, look for areas of consensus and acknowledge the employee’s feelings and concerns. That shows respect.
  7. End the conversation on a positive note with an action plan. Thank the employee for working with you through the difficult discussion. Acknowledge that it was a tough conversation and express appreciation for the employee’s professionalism as you both work towards a better outcome. Develop a going-forward action plan to solve the problem. “Tom, this was a hard talk, and I know it wasn’t easy for you. You provided some good ideas for fixing the issue, and I appreciate your professionalism. You can do this, and I am here to help you win.”
  8. Close the loop and follow up. Give the employee a little time to reflect on the discussion, but no more than a day or two. Follow up and ask the employee if they would like to have another discussion to cover any additional information or clarification. Put the agreed-upon action plan in writing, schedule regular status meetings, and recognize progress and improved performance. Taking these steps demonstrates your respect for the employee and desire for them to succeed.

Keep the Conversation Going

Great managers keep the conversation going to ensure team members are aligned and supporting each other to create a healthy corporate culture and successful company. When problems arise, they have the tough conversations to get things back on track. Handling these discussions well takes courage as well as empathetic listening and communications skills. Pay attention to the signals, develop your communications plan, and you’ll be more confident in tackling your next tough employee communications challenge.

How To Handle Difficult Employees

Every employer will have to deal with a difficult employee eventually. Sometimes, a serious conversation is all that’s needed to solve the problem. At other times, you might need to bring in HR. Here are seven types of troublesome employees and what you can do to handle the issues they bring.

The LOAFER: Known for goofing off, the loafer does just enough work to get by, while other employees have to pick up the slack. Unsurprisingly, this can cause resentment. Have a candid conversation, telling the loafer to focus on doing their job, not on wasting time. And reward those who pick up the slack.

The MALCONTENT: The grump in the group, the malcontent can squelch other’s ideas and lower morale with just a few words. Talk with them to discover the cause of their discontent and encourage them to offer potential solutions alongside any complaints they raise.

The MEDDLER: Extremely nosy, the meddler is known to ask personal or rude questions. Worse yet, they’re quick to share what they’ve learned. If your goal is a harmonious workplace, have the difficult conversation. Tell the meddler to focus on their work, not other people’s business.

The NARCISSIST: Desperate to be the center of attention, the narcissist puts their ego above the needs of the company. Assign them to projects where their strengths and skills will shine, while encouraging them to give credit to their hardworking coworkers.

The THIEF: Shady and manipulative, the thief lies and maybe even steals from your company. This makes other employees uneasy and scared. Don’t let your guard down when dealing with the thief. Instead, investigate discreetly. If you have hard evidence they’ve stolen from you, seek legal advice before confronting them.

The VICTIM: Excuses, excuses. With the victim, it’s always someone else’s fault. Counter this behavior by explaining it’s not about assigning blame. You don’t expect perfection, but you do expect people to help solve problems when they arise, not point a finger.

The YELLER: From shrieking laughter to loud chatter, the yeller can distract and annoy others. Sure, they may not realize how disruptive they are, but people need to get work done. Be direct and tactful when you tell them to lower their volume. After all, what you’re asking is reasonable.

Why should you improve your employee onboarding program?

Employee onboarding is a very method used in talent acquisition.
If done right, employee onboarding process can easily become your secret weapon for hiring and retaining talent.

A successful employee onboarding program ensures that your best candidate actually shows up on their first day at the new job.

This is because a successful employee onboarding process starts at the moment your best candidate accepts your offer.
If you don’t engage you best candidates until their start date, they might accept a better offer or a counteroffer from their current employer.

It also helps to improve retention, engagement, satisfaction, and productivity of your new employees.

According to the Society For Human Resources Management (SHRM):

  • 69% of employees are more likely to stay with a company for three years if they experienced great onboarding.
  • Organizations with a standard onboarding process experience 50% greater new-hire productivity.
  • 54% of companies with onboarding programs reported higher employee engagement.

3 best employee onboarding tips

Here are the best 3 tips that will help get the most out of your onboarding program:

Tip #1: Plan and organize 

If you want to maximize the power of your onboarding process, you need to carefully structure it. To learn how, check out our step-by-step Guide on how to successfully onboard new employees.

Keep in mind that:

  1. A successful onboarding is a process
    A successful employee onboarding is not an event that takes place on your new employee’s first day at the office. It is a continuous process that starts at the moment your best candidate accepts your job offer.
  2. A successful onboarding is people oriented
    A successful employee onboarding is not focused on tasks, but on people.
    The human touch drives onboarding success.  The secret of great onboarding is the fact that it makes your new employees feel welcomed and integrated into your company culture from the day one!

Tip #2: Automate 

Automating your employee onboarding process will help you save time and your nerves. There are many different employee onboarding tools you can use to easily automate your onboarding process.

There are 3 main types of employee onboarding tools:

  1. Checklists: Checklists are the most simple and straightforward tool that can help you onboard new employees.
  2. Specialized tools: Specialized employee onboarding tools are tools created for the sole purpose of improving the employee onboarding process.
  3. Integrated tools: Integrated tools are comprehensive, all-in-one tools that offer solutions for your whole HR management process, including payroll, benefits, time and attendance, etc.

Tip#3: Be creative 

To make your new employees’ onboarding experience truly unique, you need to get creative! Luckily for you, we compiled the best and the most innovative employee onboarding ideas and examples from experts to inspire you!

Here are 3 simple, but creative employee onboarding ideas you can easily implement:

  1. Welcome GIF or video: Gather your team and create a welcome video for your new employee!
    If your employees shy away from a camera or you don’t have enough time on your hands, go with the quicker version – create a welcome GIF!
  2. Decorate your new employee’s desk: Decorate your new employee’s desk with some balloons, welcome sign and maybe even some cake! You can also pack your company swag (such as branded notebook, pens, T-shirt, water bottle, etc.) as a present!
  3. 100th-day party: Throwing a 100 day on the job party for your employees is a great opportunity to shower them with some attention and remind them how much you are happy to have them joined your company.
People Management Mistakes That Small Businesses Tend to Make

While there are fewer employees to contend with in a small business, people management is just as important as in larger businesses. Since small businesses may have smaller HR departments or may not have any HR department at all, the responsibility of managing the people often falls on a manager or entrepreneur whose expertise is in a different area. As a result, a few management mistakes commonly occur.

Hiring Too Fast

When a position opens up in a small business, it leaves a large void. It is often necessary to fill the position quickly in order to keep the business running smoothly. Unfortunately, many hiring managers in small companies cave in from the pressure and hire someone that may be less qualified just to fill the position.

Not Allocating Enough Resources toward Training

Training takes time and money; there is no avoiding it. Many small businesses make the grave error of failing to properly train employees. A failure to properly train can cause a company to lose customers, make an employee feel unprepared and bitter towards the company, and cost the company money.

Failing to Document Performance Issues

Performance and behavioral issues are a problem for any company. Failure to document performance issues can give employees silent approval for unacceptable behaviors, which can lead to further behavioral issues and foster discontent among faithful employees that achieve the standards. If an employee is fired for performance or behavioral issues and no documentation is made concerning the issues, the employee may also be able to collect unemployment or sue for wrongful termination.

Not Firing In a Way That Benefits the Company

Many small business owners and managers fire employees according to personal relationships, tenure, and other reasons that have nothing to do with company performance and the bottom line. If it is necessary to fire someone because the business cannot afford to keep all of the employees in position, it is important to review performance factors and make a logical decision. If an employee needs to be fired because of performance or behavior, it is important to put personal feelings aside and focus on meeting the needs of the business first.

Failing to Comply with Employment Laws

Certain employment laws apply to businesses with just one employee, while other laws apply to businesses with 12 or more. Others apply to businesses with more than 50 employees. It is critical for employers to study these requirements and take the necessary steps to comply with all applicable laws.

Small business owners must be aware of human resource laws regarding:

  • Discrimination
  • Family leave
  • Military leave
  • Minimum wage requirements
  • Overtime
  • Safety standards
  • Disability

Misclassifying Employees

Some small businesses classify employees as contractors to save on taxes, but this can be a critical error if employees do not fit the legal description of contractors. Different laws may also apply if an employee is classified as part-time instead of full-time. Small business owners must be careful to classify employees properly so that they do not incur penalties.

Top 10 Don’ts When You Fire an Employee

Firing an employee is stressful for all parties—not just for the employee losing a job. No matter how well you’ve communicated about performance problems with the employee, almost no one believes that they will actually get fired. With cause, too. The average employer waits too long to fire a non-performing employee much of the time.

So, employees convince themselves that they won’t get fired: they think that you like them; they think that you know that they are a nice person, or you recognize that they’ve been trying hard. In fact, you may believe and think all of these things. But, none of your feelings matter when the employee is not performing his job.

Firing an employee may take you awhile—usually much longer than the circumstances merit. Because you are kind, caring, and tend to give employees another chance. But, these are the top 10 things you do not want to do when you do decide to fire an employee.

Don’t Fire an Employee Unless You Are Meeting Face-to-Face

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Do not fire an employee using any electronic method—no emails, IMs, voicemails, or phone calls. Even a letter is inappropriate when you fire an employee.

When you fire an employee give them the courtesy that you would extend to any human being. They deserve a face-to-face meeting when you fire an employee. Nothing else works.

The fired employee will remember and your other employees who remain have even longer memories. And, no, during this time of social media dominance, don’t believe for a minute that the circumstances of the firing will remain secret.

You will have created a scenario in which your remaining employees are afraid to trust you. Or worse, they trust that you may harm them, too.

Don’t Fire an Employee Without Warning

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Nothing makes an employee angrier than feeling blindsided when fired. Unless an immediate, egregious act occurs, the employee should experience coaching and performance feedback over time. Before you fire an employee, try to determine what is causing the employee to fail.

If you decide the employee is able to improve her performance, provide whatever assistance is needed to encourage and support the employee. Document each step in the improvement process so that the employee has a record of what is happening at each step. The employer is also protecting its own interests in the event of a lawsuit over the termination.

If you are confident that the employee can improve, and the employee’s role allows, a performance improvement plan (PIP) may show the employee specific, measurable improvement requirements. (A PIP is difficult, if not impossible, with a manager or HR staff, once you have lost confidence in their performance.)

Do not, however, use a PIP unless you are confident that the employee can improve. The agonizing process of meeting weekly to chart no progress is horrible for the employee, the manager, and the HR rep, too.

The actual termination—while almost always somewhat of a surprise—should not come with no warning.

Don’t Fire an Employee Without a Witness

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Especially in the US, anyone can sue anybody, at any time, for any reason. In employment termination cases, the employee has to find a lawyer who believes he can win the case and thus, collect his fee. The best practice is to include a second employee in the meeting when you fire an employee.

This gives you an individual who hears and participates in the employment termination in addition to the manager. This person can also help pick up the slack if the hiring manager runs out of words or is unsure of what to say or do next.

This witness is often the Human Resources staff person. The HR person has more experience than the average manager, in firing employees, so can also help keep the discussion on track and moving to completion.

The HR person can also ensure that employees are treated fairly, equally, and with professionalism across departments and individual managers. This limits your liability when you fire an employee.

Don’t Supply Lengthy Rationale and Examples for Why You Are Firing the Employee

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If you have coached and documented an employee’s performance over time and provided frequent feedback, there is no point in rehashing your dissatisfaction when you fire the employee. It accomplishes nothing and is cruel.

Yet, every employee will ask you why. So, have an answer prepared that is honest and correctly summarizes the situation without detail or placing blame.

You want the employee to maintain her dignity during an employment termination. So, you might say, “We’ve already discussed your performance issues. We are terminating your employment because your performance does not meet the standards we expect from this position.

“We wish you well in your future endeavors and trust that you will locate a position that is a better fit for you. You have many talents and we are confident that you will locate a position that can take advantage of them.”

Or you can simply remind the employee that you have discussed issues with him or her over time, and leave it at that.

The more detailed you become, the less able you will be to use any of the information you discover following the employment termination in a subsequent lawsuit. And, as an employer, you will always find out additional information.

For example, think about a terminated HR staff person who had months of new employee paperwork in her drawer. The employees had not been enrolled in healthcare insurance.

In another example, a marketing employee had the entire bookkeeping for her bar which she operated in the evenings on her company-owned computer. (The employer was kind and gave her a copy of her bookkeeping which they didn’t need to do.)

30 employee handbook do’s and don’ts from the NLRB

To help employers craft handbooks that don’t violate the National Labor Relations Act, the National Labor Relations Board has issued a compilation of rules it has found to be illegal — and rewritten them to illustrate how they can comply with the law.

It was issued as a memorandum by NLRB General Counsel Richard F. Griffin, Jr. to “help employers to review their handbooks and other rules, and conform them, if necessary, to ensure they are lawful.”

Specifically, the memorandum points out employer policies found to violate and conform to Section 7 of the NLRA.

The main area of concern

Section 7 mandates that employees be allowed to participate in “concerted activity” to help improve the terms and conditions of their work.

The NLRB has made it abundantly clear recently that it’s on the lookout for rules that:

  • explicitly restrict protected concerted activity, and/or
  • could be construed to restrict protected Section 7 activity.

One thing the memorandum makes very clear: extremely subtle variations in language could be the difference between having a legal policy in the NLRB’s eyes and having one that’s viewed as violating the NLRA.

What to say, what not to say

Here are many of the dos and don’ts highlighted by the memorandum, separated by topic:

Rules regarding confidentiality

  • Illegal: “Do not discuss ‘customer or employee information’ outside of work, including ‘phone numbers [and] addresses.’” The NLRB said, in addition to the overbroad reference to “employee information,” the blanket ban on discussing employee contact info, without regard for how employees obtain that info, is facially illegal.
  • Illegal: “Never publish or disclose [the Employer’s] or another’s confidential or other proprietary information. Never publish or report on conversations that are meant to be private or internal to [the Employer].” The NLRB said a broad reference to “another’s” information, without clarification, would reasonably be interpreted to include other employees’ wages and other terms and conditions of employment.
  • Illegal: Prohibiting employees from “disclosing … details about the [Employer].” The NLRB said this is a broad restriction that failed to clarify that it doesn’t restrict Section 7 activity.
  • Legal: “No unauthorized disclosure of ‘business “secrets” or other confidential information.’”
  • Legal: “Misuse or unauthorized disclosure of confidential information not otherwise available to persons or firms outside [Employer] is cause for disciplinary action, including termination.”
  • Legal: “Do not disclose confidential financial data, or other non-public proprietary company information. Do not share confidential information regarding business partners, vendors or customers.”

The NLRB said the last three rules above were legal because: “1) they do not reference information regarding employees or employee terms and conditions of employment, 2) although they use the general term “confidential,” they do not define it in an overbroad manner, and 3) they do not otherwise contain language that would reasonably be construed to prohibit Section 7 communications.”

Rules regarding conduct toward the company and supervisors

  • Illegal: “Be respectful to the company, other employees, customers, partners, and competitors.”
  • Illegal: “Do ‘not make fun of, denigrate, or defame your co-workers, customers, franchisees, suppliers, the Company, or our competitors.’”
  • Illegal: “Be respectful of others and the Company.”
  • Illegal: “No defamatory, libelous, slanderous or discriminatory comments about [the Company], its customers and/or competitors, its employees or management.’”

The NLRB said the rules above were unlawfully overbroad because: “employees reasonably would construe them to ban protected criticism or protests regarding their supervisors, management, or the employer in general.”

  • Illegal: “Disrespectful conduct or insubordination, including, but not limited to, refusing to follow orders from a supervisor or a designated representative.”
  • Illegal: “‘Chronic resistance to proper work-related orders or discipline, even though not overt insubordination’ will result in discipline.”

The NLRB said the rules above, while banning “insubordination,” also ban “conduct that does not rise to the level of insubordination, which reasonably would be understood as including protected concerted activity.”

  • Illegal: “Refrain from any action that would harm persons or property or cause damage to the Company’s business or reputation.”
  • Illegal: “It is important that employees practice caution and discretion when posting content [on social media] that could affect [the Employer’s] business operation or reputation.”
  • Illegal: “Do not make ‘statements “that damage the company or the company’s reputation or that disrupt or damage the company’s business relationships.”‘”
  • Illegal: “Never engage in behavior that would undermine the reputation of [the Employer], your peers or yourself.”

The NLRB said the rules above “were unlawfully overbroad because they reasonably would be read to require employees to refrain from criticizing the employer in public.

  • Legal: “No ‘rudeness or unprofessional behavior toward a customer, or anyone in contact with’ the company.”
  • Legal: “Employees will not be discourteous or disrespectful to a customer or any member of the public while in the course and scope of [company] business.”

The NLRB said the rules above are legal because they wouldn’t lead an employee to believe they restrict criticism of the company.

  • Legal: “Each employee is expected to work in a cooperative manner with management/supervision, coworkers, customers and vendors.” The NLRB says employees would reasonably understand that this states the employer’s legitimate expectation that employees work together in an atmosphere of civility.
  • Legal: “Each employee is expected to abide by Company policies and to cooperate fully in any investigation that the Company may undertake.” The NLRB said this rule is legal because “employees would reasonably interpret it to apply to employer investigations of workplace misconduct rather than investigations of unfair labor practices or preparations for arbitration.”
  • Legal: “‘Being insubordinate, threatening, intimidating, disrespectful or assaulting a manager/supervisor, coworker, customer or vendor will result in’ discipline.” The NLRB said: “Although a ban on being  disrespectful’ to management, by itself, would ordinarily be found to unlawfully chill Section 7 criticism of the employer, the term here is contained in a larger provision that is clearly focused on serious misconduct, like insubordination, threats, and assault. Viewed in that context, we concluded that employees would not reasonably believe this rule to ban protected criticism.”

Rules regarding conduct between employees

  • Illegal: “‘Don’t pick fights’ online.”
  • Illegal: “Do not make ‘insulting, embarrassing, hurtful or abusive comments about other company employees online,’ and ‘avoid the use of offensive, derogatory, or prejudicial comments.’”
  • Illegal: “Show proper consideration for others’ privacy and for topics that may be considered objectionable or inflammatory, such as politics and religion.”
  • Illegal: “Do not send ‘unwanted, offensive, or inappropriate’ e-mails.”

The NLRB said the rules above were unlawfully overbroad because employees would reasonably construe them to restrict protected discussions with their co-workers.

  • Legal: “[No] ‘Making inappropriate gestures, including visual staring.’”
  • Legal: “Any logos or graphics worn by employees ‘must not reflect any form of violent, discriminatory, abusive, offensive, demeaning, or otherwise unprofessional message.’”
  • Legal: “[No] ‘Threatening, intimidating, coercing, or otherwise interfering with the job performance of fellow employees or visitors.’”
  • Legal: “No ‘harassment of employees, patients or facility visitors.’”
  • Legal: “No ‘use of racial slurs, derogatory comments, or insults.’”

The NLRB said the rules above were legal because: “when an employer’s professionalism rule simply requires employees to be respectful to customers or competitors, or directs employees not to engage in unprofessional conduct, and does not mention the company or its management, employees would not reasonably believe that such a rule prohibits Section 7-protected criticism of the company.

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