Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SUNDAY, November 12, 1995 TAG: 9511100044
SECTION: BUSINESS PAGE: F2 EDITION: METRO
SOURCE: CAMILLE WRIGHT MILLER
DATELINE: LENGTH: Medium
A. Behavior is grounded in our value system; therefore, it's probable that your secretary will convey her feelings to your clients in many subtle ways. Your difficulties are compounded by your secretary's legal rights.
Ellen Arthur, an attorney in Lexington, says your secretary's statements are protected under First Amendment free-speech rights. If you terminate your secretary's employment and cite her racist statements as the reason, Arthur believes you're at risk of being sued for violating her First Amendment rights. Arthur notes that there is a difference, though, between beliefs and behavior.
If your secretary has had a negative impact on your business by her actions, you should be able to terminate employment based on behavior. However, given her rights, you'd be wise to consult your attorney before taking any action.
Arthur noted that Virginia is an "employ-at-will" state, allowing you to hire and to fire at your discretion. You have the option of terminating employment without stating a reason. Simply tell the employee her services are no longer required. You don't need to provide an explanation for the termination. Arthur says, though, that when an employee is let go in this way, she won't be "guilty of misconduct and, therefore, will be entitled to unemployment insurance, which may be an increase in insurance rates."
If you continue with your secretary, speak with an attorney before discussing your secretary's behavior with her. While you want clients treated equally by your employees, you also want to protect yourself from litigation.
Q: Whenever our CEO meets with his staff, he directs them to schedule meetings with various departments and individuals. Five staffers schedule meetings independently, but only his secretary maintains his calendar. Meetings get canceled and rescheduled with great regularity. We end up feeling he has no real interest in our concerns. It's a small matter that has become a big sore spot.
A: While CEOs can handle full calendars, they may be unaware of the resentment frequent rescheduling causes. Fixing the scheduling problem is simple; fixing the emotional fallout will take some time.
Talk with your CEO liaison. Acknowledge the CEO's busy schedule and then convey the morale situation resulting from Teflon scheduling. Ask the staff member to communicate the sentiments to your CEO. Simple awareness often serves as a catalyst for change.
You also might suggest an alternative method of scheduling meetings and appointments. The most sensible is for staff members to enlist the help of your CEO's secretary. If each transmits the CEO's meeting request (who, why, when, where) and lets her make appointments, fewer problems will result. She's in charge of the calendar and should be included in the process.
Q: I'm a unit manager in a small office. One of the clerks I supervise fails in both efficiency and accuracy. I've reassigned most of her workload. She still isn't performing well with the little she has left to do. What do I do now?
A: Temporarily reassigning work when an employee has an especially heavy load or a special project makes sense. Permanently reassigning work because an employee doesn't perform seldom works. You overload others, foster bitterness and keep a nonproductive employee on the payroll.
In addition, your frustration with her work is transmitted to her in a myriad of subtle ways. That, coupled with her own recognition of performance difficulties, suggests she isn't fulfilled in her current work.
Evaluate your employee's skills. If she isn't able to do the work, reassign her to a job that fits her skills or consider terminating her employment. Terminating her employment gives her the opportunity to find work that fits her abilities.
If she has the skills, but isn't working at her ability level, meet with her for an honest performance evaluation. Explain in specific detail how her work fails to meet your standards. Ask if she has an explanation. Then explain, again, the standards you want met and the consequences that will follow if they aren't met. Establish a probationary period for improvement.
Follow through. Meet with her frequently to give ongoing evaluations. If she meets your standards, continue meeting with her until you're satisfied she'll perform adequately for the long run. If your standards still aren't met, terminate her employment.
Active supervision is hard work, but it's less difficult than loading other employees with tasks one individual is unable or unwilling to perform.
by CNB