Since launching the law firm now known as Third Ear Conflict Resolution in 2003, I’ve encountered and counseled clients on a myriad of challenges. One of the biggest for all of us has been the delicate task of staffing effectively. Below are some insights I have gained from my experience as employer, manager, human resources supervisor, employment attorney, and mediator. Let’s use them to create powerful employment partnerships and make 2024 our best year yet!
Finding the Right Fit
Early in my entrepreneurial venture, I faced recurring issues with employees who exhibited counterproductive behaviors. Like many employers, I trusted my gut and assumed a lot about candidates based on a few pieces of information. Also, my basis for hiring was not always aligned with the firm’s needs. I put myself and my employees in no-win situations. That was not at all what I wanted.
Writing an Effective Job Post
Job posts are the gateway to attracting the right talent, yet many fall short in key areas:
- Attracting candidates that can perform the essential functions of the position
- Communicating the employer’s expectations for the employment partnership
- Fostering alignment of both the employer and candidate’s visions
Jason Fried recommends describing the day-to-day tasks the applicant would have undertaken if already part of the employment partnership:
If you had been working here last week, you would have edited and shared a few posts about worker misclassification, sexual harassment, and discrimination. You would have posted them on the website and social media sites for maximum exposure. Then, you would have looked for other sites or organizations that discuss related topics. You would have introduced Nance to some new potential collaborators and helped nurture existing relationships by scheduling meetings, sending gifts, or acknowledging their accomplishments.
In our process, cover letters are mandatory. They serve as a crucial filter, allowing us to determine how much of a learning curve there might be before the candidate would be able to draft correspondence for a law firm. We also require applicants to share why they are interested in the position and what they want to achieve if hired for the role. Again, we are looking for alignment of goals beyond “I need a paycheck” and “We need labor.” This step ensures a mutual commitment between Third Ear Conflict Resolution and its employees.
Interviewing Qualified Candidates
After posting a clear job description and collecting the applications, it’s time to select the candidates you will interview. I recommend you use a matrix that keeps you focused on Performance Indicators (KPIs), the objective criteria for success in the role. It’s otherwise too easy to make a decision based on emotions like excitement, fear, or overwhelm. Worse yet, your choice might be grounded in hidden biases that invite unlawful discrimination.
Navigating the Termination Process
Reflecting on my own “Murphy Brown Stage,” I acknowledge the difficulties of parting ways with employees. By taking the Five Actions of conflict resolution masters, we can turn termination into a constructive process for you and the employee.
Action One: Define the Conflict Succinctly.
The employee is not producing the results the business needs to sustain itself. If you are terminating the employee for any other reason, we recommend you consult legal counsel before starting the termination process.
Action Two: Identify the Personal Interests Driving the Conflict.
Explore what you each thought, wanted, expected, and believed when you agreed to work together. Often, you will find that one or both of you had misperceptions that led to unmet expectations. Some of these might still be fixable.
Action Three: Play with the Possibilities.
It’s not unusual for an employer to learn, at the time of a planned termination, that the employee cares deeply for the people they work with and for, even if they are struggling in the job. Both sides might be assuming the worst about each other, and trust needs to be rebuilt through compassionate listening, complete apologies, and consistent action like training and reinforcement.
Action Four: Create a Different Future.
You won’t always agree to continue working together after discussing what went wrong with your employment partnership, but it’s still worth the time taken. In the exit interview, you might each learn how to do better next time. The employee can leave armed with awareness of the skills still needed. The employer can identify weaknesses in the hiring, recruitment, training, or other processes. Regardless of how you resolve this conflict, you can reduce the likelihood of repeating the ineffective behaviors and create a more successful future for both of you.
Action Five: Stay on PARR.
Terminating an employment partnership can be as difficult as a divorce. Yet you can often avoid the worst parts when you:
- Plan your staffing well in advance of need
- Act on conflicts quickly
- Revise job descriptions, applicant and interview matrices, training materials, KPIs, and other employment-related tools each time you fire
- Repeat the above actions until you get the results you want
Unveiling the Layers of Conflict
In workplace dispute resolution, there is always more going on internally than is obvious to either party. We help you identify the hidden interests, use your third ear, and build win-win solutions.
Join the movement to stay out of court and master the art of employment as a partnership. From crafting compelling job posts to navigating the delicate process of termination, we can create more peaceful and productive workplace for everyone.