Soapbox Masthead
AHI Home | PublicationsFAQs | Free ReportsLabor Law FormsLabor Law Posters
June 14, 2007
Volume 6, Number 14

In This Issue...                                 GOSSIPING GONE TOO FAR?

HAVE YOU REVIEWED YOUR EMPLOYEE HANDBOOK LATELY?

If not, the next person reviewing it might be a disgruntled employee's attorney.

If there's trouble, the first place your employee's attorney will probe AHI's Complete Policy Handbookis company policies. With AHI's Complete Policy Handbook, you can make your policies the first line of defense in shooting down multi-million dollar lawsuits BEFORE they crash-land on your financial bottom line.

Don't wait until an employee lawsuit or a government investigator forces you to review your policies. With AHI's Complete Policy Handbook, you get a complete set of legally defensible company policies that you can print in the time it normally takes you to get a cup of coffee.

Visit our website to get your copy today.

Sign Up For AHI's Free E-Mail Newsletters:

Employment Law Today
Benefits Alert
HR Soapbox

Use This Link To Sign Up.

Share The Knowledge:

Forward To A Friend
Forward this newsletter to a colleague.

GOSSIPING GONE TOO FAR?

Two months ago, Hooksett, New Hampshire, made the headlines when it terminated four town employees for gossiping about their boss. According to the rumor mill, a town administrator, who was married with two children, was having an affair with a female employee, who allegedly received preferential treatment from her paramour.

The axed employees maintain that they didn't start the rumor, weren't the only ones discussing it, and even dismissed it as untrue after briefly talking about it amongst themselves. The women did, however, take issue with the fact that the female employee received higher pay than two of them despite having less seniority and experience.

Gossip is a part of work life. It's hard not to get tangled in the office grapevine, especially if you're new to the workplace. When I was temping right after college, it seemed everywhere I went people wanted to lure me into their coffee klatsch before the object of their whispers could entice me into their circle. Not wanting to cause any waves, I would listen to them all, chuckle at what they had to say, but I didn't take any of it to heart.

And in my opinion, there's a difference between, say, chatting about a co-worker's lack of fashion sense and whispering about a potential affair. An accusation like the latter can have devastating effects on not only the employee, but also his/her family.

But in the case of the Hooksett employees, I think termination was too much if what they say is true that they didn't instigate the rumor, weren't Respond to this HR Soapboxthe only ones talking about it, and even passed it off as untrue. What they did take issue with, a seemingly unfair discrepancy in pay, was a legitimate complaint about the terms and conditions of their employment. At the most, I think their gossiping about the affair itself should have earned them a verbal warning. (Disciplining employees for talking about conditions of employment could be considered an unfair labor practice.)

While you can't rid the workplace of all rumors, you can work to keep harmful gossip at bay. One of the easiest and most effective things you can do is to inform all employees that negative or malicious rumors or gossip is unacceptable. Spell out exactly what is prohibited in your organization's code of conduct policy.

Sample policy statement: "False, misleading, or harmful statements, actions, or omissions about another individual, including employees, managers, customers, vendors, family members of those individuals, etc., will not be tolerated. Those who propagate such statements will face discipline, up to and including termination."

In situations where harmful rumors are circulating around your workplace and you don't know who instigated them, address the workforce as a whole. Although there might be only a couple instigators, a gossip problem doesn't get out of hand if there aren't others helping to spread the word. Plus, the targets of the rumors need to know they have support.

State in no uncertain terms that the gossiping, backbiting, etc., must stop. You are not there to lay blame; you just want to get the message across that the behavior is inappropriate — end of story. Take the opportunity to warn them that employees who are caught continuing to gossip are subject to discipline.

Then, make sure to discipline those who don't heed your warning. Whether termination is your first line of disciplinary offense is up to you, but, in general, should depend on the maliciousness of the rumor. Remember, you don't need absolute proof of guilt (reasonable proof will do). Termination for unacceptable or unprofessional behavior, or the inability to get along with others, could be appropriate.

Good luck, stay legal, and keep the whispers in check!

Melissa McKeown
Melissa V. Pomerantz
Editor

 

TOP 5 RESOURCES FOR HUMAN RESOURCES PROFESSIONALS

AHI's Complete Employee Termination Kit1.
AHI's Complete Employee Termination Kit

Covers all the steps, tips, and tools you need to: audit the termination decision; break the news to employees; interview exiting employees; properly document your actions; and comply with federal and state employment laws (including payment of final wages). It also includes customizable versions of all of the termination forms, notices, and documents you’ll need.

Complete Personnel Documentation Library2.
Complete Personnel
Documentation Library

Gives you a complete collection of Human Resources documents for every situation... customizable with the click of your mouse. We have designed all the forms based on legal specifications to protect you and your organization from costly fines and lawsuits.

Complete Policy Handbook3.
The Complete Policy Handbook

Shows you how to safeguard against the damage that loopholes in your employee handbook can cause. You'll get a CD-ROM containing a complete set of ready-to-print policies for a foolproof manual of your own...policies that have stood up to courtroom challenges...with language that has worked in defending other employers.

Record-Keeping Requirements4.
Employer's Guide To Record- Keeping Requirements

Covers all the records, files, and documents demands made on employers by state and federal laws and agencies; as well as what you must post on company property to stay on the right side of employment laws.

Employee Problem Solver5.
Employee Problem Solver

Gives you a solid mix of practical advice seasoned with legal experience for attacking the problem, not the personality, in difficult situations that you and your managers face every day. Each general problem area is designed to offer immediate practical steps for preventing, attacking, and solving tough personnel problems.

Copyright © 2007 by Alexander Hamilton Institute, Inc.
Employment Law Resource Center at www.ahipubs.com
emailnewsletters@ahipubs.com
(800) 879-2441 • 70 Hilltop Road • Ramsey, NJ 07446