Provided by: Jennifer Kirschenbaum, Esq.
January 11, 2024
Question:
Hi Jennifer,
It has been a problem for some time now. I am having issues hiring staff who will stay and wan to work. Is it just me?
Dr. P
Answer:
You are not alone. Across industries, across-the-board, it seems many members of society have lost the will to work, or, work productively. Hiring has been a nightmare for most employers, starting with Covid. It’s gotten to the point where it’s almost laughable; I saw an art article today promoting “Managing up”. A concept geared around training employees in the workforce, and those looking in the workforce how to better manage their managers, with the thought process of "if I'm connecting better with my supervisor, I'll have a better work experience". That’s a genius process but in order to do that you need a workforce that’s interested in working!
That article got me thinking that with the scarcity issues persisting; part of the answer has to be thinking through how to get the people you have, those who are loyal to you, to perform their job function so they can have positive reviews you can have positive results. A tactic being deployed by some is investing in their existing workforce - loan repayment or education sponsorship, tied to a commitment for continued work. (Employer sponsored education.) This can work, but has to be papered properly to really be enforceable...
The hard part is identifying when that relationship is broken and being able to separate without creating liability to your practice. The top of the list of scenarios is when you have an ineffective or toxic employee hurting you on the way out. If you know, it’s time to separate, be sure to engage counsel before you do it. If there’s any concern, there will be questions as to the nature of the separation, make sure you are prepared with proper documentation prior to any termination discussion, and consider offering severance in exchange for an iron clad release in certain instances....
It has been a problem for some time now. I am having issues hiring staff who will stay and wan to work. Is it just me?
Dr. P
Answer:
You are not alone. Across industries, across-the-board, it seems many members of society have lost the will to work, or, work productively. Hiring has been a nightmare for most employers, starting with Covid. It’s gotten to the point where it’s almost laughable; I saw an art article today promoting “Managing up”. A concept geared around training employees in the workforce, and those looking in the workforce how to better manage their managers, with the thought process of "if I'm connecting better with my supervisor, I'll have a better work experience". That’s a genius process but in order to do that you need a workforce that’s interested in working!
That article got me thinking that with the scarcity issues persisting; part of the answer has to be thinking through how to get the people you have, those who are loyal to you, to perform their job function so they can have positive reviews you can have positive results. A tactic being deployed by some is investing in their existing workforce - loan repayment or education sponsorship, tied to a commitment for continued work. (Employer sponsored education.) This can work, but has to be papered properly to really be enforceable...
The hard part is identifying when that relationship is broken and being able to separate without creating liability to your practice. The top of the list of scenarios is when you have an ineffective or toxic employee hurting you on the way out. If you know, it’s time to separate, be sure to engage counsel before you do it. If there’s any concern, there will be questions as to the nature of the separation, make sure you are prepared with proper documentation prior to any termination discussion, and consider offering severance in exchange for an iron clad release in certain instances....
