HR Solutions: Tactfully communicate with employees when addressing problems

Lynne Haggerman is president/owner of Haggerman & Associates, an employment, management training, human resources consulting and outplacement firm.

An average employment lawsuit will cost a business close to $1 million. This potentially enormous liability will be significantly reduced through effective written policies and verbal communication during employee counseling and terminations.

A recent study focused on discipline and dismissal processes and the reasons for separation. Former employees who felt a loss of dignity and respect while being counseled and discharged reflected 35 percent of the claims filed. However, less than one-half of 1 percent of those treated honorably sued previous employers. The actual reason for the termination had no bearing.

Tips in three key areas will enable you to design and execute procedures that will decrease lawsuits.

First, conduct a thorough, fair and rapid investigation prior to performing any counseling. Obtain the facts and strive to remain unbiased until securing the details and all sides of the story. Interview others involved on a need-to-know basis. Be sure conversations remain confidential. Try to avoid talking with co-workers, if possible.

Gather previous written documentation if the associate was disciplined for the same inappropriate behavior in the recent past. This reminder will help the team member realize he received prior coaching to cease, but elected not to heed the warning.

Second, maintain the self-esteem of the staff member during the counseling session. Hold the meeting in a private office. Shut the door and allow no interruptions. Put the telephone on do not disturb and turn off your pager and cell phone. Sit beside the employee in the visitor chair as opposed to sitting behind your desk in the power position.

Begin by stating several of the achievements, positive behaviors and favorable personality traits of the worker. This helps the laborer maintain balance and see that he is doing many job duties and behaviors right. Otherwise, he might become so offended that he will tune out.

Next, state the problem calmly and directly, but professionally. Do not use harsh, defamatory words that personally attack the employee. Do not use a demeaning tone of voice or facial expressions. Do not lose your temper and begin a tirade.

Ask the employee for his rationale in selecting to perform the unsuitable behavior. This shows respect by inquiring about the employee's side of the story. Share the standards you insist upon so he clearly understands expectations. Put the standards in writing and provide him with a copy.

Request input from him regarding solutions to the issue. He will be more likely to change if he is shown respect as an adult with the intelligence to correct problems.

Together, prepare a detailed action plan with deadline dates to guarantee implementation. Include your responsibility in helping him achieve objectives. You need to be as much a part of the solution as he.

Explain the consequences he will face if he carries out the action again. This gives him the freedom of choice to receive praise or punishment. Express your confidence in him that he will succeed.

Follow up often, especially on the deadline dates. Catch him behaving properly and provide positive feedback. Keep your word and render the consequences if he makes poor choices once more.

Third, if he decides not to comply, eventually a consequence will be termination. Utilize a process similar to the counseling session. Be sure to keep the reasons for separation confidential.