Issue: Seeking Another View

The Situation The phone rang: Who is the best employment law attorney you know?

I know some excellent ones. To determine which one to recommend, I probed further.

What's the problem?

I need to fire our HR manager. He's a good person and has done some things well, but the job has grown faster than he has. As he knows the law well, I want legal help to make sure that he doesn't take us to court.

Have you talked with him about this, I asked?

Yes, he recognizes that he is in over his head.

We discussed the problem further and came up with several options. Instead of hiring an attorney the client chose to tell the HR manager that, after repeated attempts to help him meet the company's expectations, they were going to have to let him go. Because of his employment expertise, they wanted him to advise them how to conduct his own termination with respect, dignity and a fair settlement.

The HR manager acknowledged that the job had grown beyond him and agreed that a change made sense. He suggested how the client should proceed. The client accepted his recommendations, as they were fair to both parties. Both the client and the HR manager later expressed gratitude that the termination had been handled with such class. No lawsuit.

This is not the way to handle all terminations. This was unique. By talking the action through, the client was able to effect a solution he never had considered. He turned a potentially litigious situation into a collaborative effort that spared them the agony, distraction and expense of legal action.

Explore your options If you settle for your first impulse answer, just because it may appear to solve your problem quickly, then you could miss out on better options. You also increase the risk of unintended consequences. That is why you need to discuss sensitive issues with an objective confidant who can help you come up with creative options.

In helping clients sort through issues I have found that initially they just think of the most obvious alternative. Once we have clarified their objectives and explored their options, 2/3 chose a different course of action. As a result of their exploration, they were more confident of their final decision.

In the future When you need to make a decision that will affect the lives of others - and potentially your own career - talk it through with an insightful, confidential, active listener who has no vested interest in the outcome. Two heads are better than one, especially when your outlook risks being influenced by strong emotions. In most decisions affecting people it is often more effective and less expensive to craft a creative alternative than to go with an impulse decision and have to mop up the mess afterward.

Sincerely,

Ian Jacobsen, FIMC
Certified Management Consultant