Managers Should Return Employees' Generous Gifts

(Published September 1, 2009)

Reprinted from MANAGER'S LEGAL BULLETIN, a widely read employment law newsletter that communicates legal guidelines to managers through scenarios based on real-life cases. Click here to view a sample issue, get more information, or sign up for a risk-free subscription. 

An employee gives you a gift to thank you for helping him/her through a complicated project or a crisis at home. What do you do? Is it okay to accept a token of the employee's appreciation? Or is it unacceptable to accept?

More Than Just A Token Gift

"What's this?" Tracy Sullivan asked Gwen Eldridge. Eldridge handed her manager a white envelope.

"I just wanted to thank you for being so helpful and understanding during my mother's recent illness," Eldridge explained.

"You don't have to thank me," Sullivan replied. "As your manager, it's my job to help out."

"Maybe so, but you went above and beyond by allowing me to come and go as I needed, and picking up my slack," Eldridge said. "Thanks to you, I was able to take care of my mother without having to worry about work."

"I'm just glad I was able to help," Sullivan responded.

After Eldridge left her office, Sullivan opened the envelope. Inside was a $50 gift card. She instantly felt uncomfortable about having accepted such an expensive gift. She had accepted homemade cookies from employees in the past, but she had never received "money" before. Although she had doubts about accepting the gift, she didn't want to hurt Eldridge's feelings. After giving it some thought, Sullivan decided to return the gift card.

"Gwen, thank you so much for your thoughtfulness, but I can't accept this," Sullivan said, handing the gift card back to the employee.

Action Tips

Sullivan did the right thing by returning the gift card to Eldridge. Keep the following guidelines in mind when an employee gives you a gift of cash or of significant value.

• Return the gift immediately to avoid creating the appearance of impropriety. If you're in doubt about whether you may accept a gift, follow your company's guidelines for accepting gifts from vendors, customers, etc., in a conflict of interest or ethics policy.
  
  
• Thank the employee for his/her thoughtfulness and explain why you can't accept it. The employee should understand your position and not take it personally.
  
  
• If the employee insists on giving you something, suggest that he/she bring in cookies, bagels, or other treats to share with the office, but emphasize that it is not necessary and his/her thanks are enough.
  
  
  Note: Do not use the money or gift card yourself to buy treats for the office. The act of accepting the money or gift card itself could be perceived incorrectly, even if you don't spend it on yourself.
  
  
• Go one step further by sending the employee an e-mail with your boss cc'd on it, expressing your appreciation and need to return the gift. That way, if something happens down the road (e.g., you have to fire the employee), he/she can't accuse you of impropriety.