Question: Can we discipline employees for complaining about the company on social media? Answer from Sarah, PHR, SHRM-CP: Probably not. Depending on what they said, and who responded to it, their speech may be protected under Section 7 of the National Labor Relations Act. Section 7 protects concerted activity by employees that relates to the terms on conditions of their employment. Concerted means “in concert,” so two or more employees must be involved, but this is easily achieved on social media if a co-worker even just “likes” the post. Terms and conditions could include pay, hours, work environment, treatment from managers, benefits, or violations of labor and employment laws. We understand that this sort of social media activity by employees can be frustrating. One way to reduce the likelihood that employees will air their grievances on social media is to establish a means for them to do so internally. Employee surveys, comment boxes (whether physical or online), stay interviews, and true “Open Door” policies are common ways to solicit this feedback. The key is to be willing to listen and act on the information you gather. If employees believe that taking their complaints directly to a manager will end in retaliation, or that it simply won’t lead to any change, they’re more likely to keep complaining on the internet.
Question: Our busy season starts next month. Is there anything we can do to help our employees reduce their stress? Answer from Jenny, SPHR, SHRM-SCP: There is! Here are a few things you can do to make the busy season run as smoothly and stress-free as possible: Remove or reassign non-essential work duties: Before the busy season begins, ask employees to make a list of tasks that others could feasibly handle for them or that could be put on hold. Then work on reassigning those tasks or simply hold off on non-essential tasks until business slows down. Allow for flexible scheduling: If employees need to work longer hours on some days during the week, consider allowing them to work fewer hours other days of the week. Be aware, however, that some states have daily overtime laws. Budget for overtime: Employees may need to work extra hours to get their job done, so allow them to work overtime if you (and they) can swing it. If you’re pretty sure overtime will be necessary, try to make sure employees know that ahead of time, so they can plan accordingly. Ensure all equipment is fast and reliable: It's important to identify, troubleshoot, and correct any slow or non-working equipment issues (whether laptops, cash registers, or vehicles) before employees gets slammed with extra work. Do preventative maintenance to take one less stressor out of the busy season.
Question: During an exit interview, a departing employee accused one of our managers of harassment. Should we investigate even though the accuser is no longer employed here? The manager has been with us a long time, and we’ve never heard any complaints about him before. Answer from Celine, SHRM-CP: Yes, I would recommend investigating the allegations even though the accusing employee has left the organization. If your investigation shows that harassment occurred, I would recommend taking disciplinary action as appropriate. Federal law obligates employers to prevent or stop unlawful harassment. Harassment happens when behavior is unwelcome and based on a protected class such as race, gender, age, religion, national origin, or disability. It becomes unlawful when it is severe or pervasive enough to create a hostile work environment. In this case, since you’ve been made aware of alleged sexual harassment, failing to investigate the allegations could invite risk, especially if additional complaints are made against the same individual. 12 MAR/APR 20
