Providing (Gulp!) Upward Feedback

(Published July 20, 2009)

 

Reprinted from PERSONNEL LEGAL ALERT, a widely read employment law newsletter that keeps HR executives up-to-date on the latest court cases, legal trends, government regulations, and federal legislation that affect the policies you write and procedures you administer. 

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Holding rank-and-file employees accountable for their inappropriate actions (or getting their managers to do so!) is a pretty standard part of your job. But what happens when it's necessary to direct your critique upwards — to address the inappropriate behavior of your boss or other high-level executive? As uncomfortable as it may be, it's important that you not shirk this duty.

 

"Some folks may acquiesce, stating, 'Who am I to tell him/her what to do — they are above me.' That is a weak position to take," stated Leslie Dunn, Senior Vice President and Human Resources Manager of South Carolina Bank and Trust (Columbia, SC). "In addition to being a risk manager, we have to remain as the conscience of the organization. We need to always make sure that the company, employees, and management at all levels are 'doing the right thing.' If there is an executive, owner, or president that is engaging in a practice or behavior that is against the policy of the company or that can eventually be damaging, it is our duty as HR Managers to address it."

 

Having "The Talk"

How you approach an executive will largely depend on your relationship with them. If you've offered positive feedback from time to time, they may be more receptive to occasional negative feedback; you'll have already established your role as a coach who has their — and the company's — best interest in mind. Caveat: Don't brownnose just for the sake of building a bank of positive commentary. Whether positive or negative, upward feedback must always be business-related and legitimate.

 

When you need to offer negative feedback, your approach should involve the following factors.

 

Time it right. Unless the matter is truly urgent, pick the best time to approach the executive, i.e., not right after the company's largest client announces its bankruptcy.

 

Watch your tone. "It would be unwise for an HR Manager to go in to the president's office shaking a finger at the president about an activity that is inappropriate," warned Dunn. "In addition…never tell a president or member of executive management that they can't do something. The reality is that they can — but it's the repercussions of that decision or behavior that can eventually hurt the company."

 

Be diplomatic, and couch the conversation in terms of your concern for their reputation in the organization, their personal well-being, the company's legal liability, etc. "I find that the executive may not realize the impact or the visibility they have within the organization," said Dunn. "Sometimes they may not realize what they are doing is wrong or can be hurtful. Therefore, if an HR Manager takes the approach that they are coming not in a critical manner but in a manner that you want to help them accomplish what is best for the company, the executive is likely to gain more respect for the HR Manager."

 

Bring up potential costs. Business executives are accustomed to thinking in terms of dollars, so remind them how costly the consequences of their behavior could potentially be. Idea: Compile summaries of relevant lawsuits that ended up costing companies big dollar awards.

 

Case in point: The owner of a glassblowing company allegedly sexually harassed two female employees. Despite the employees' repeated complaints to management, no action was taken. A district court judge ordered the employer to pay $267,000 in back pay, interest, and compensatory and punitive damages. (EEOC v. Sunfire Glass, Inc., D.C. AZ, No. CV-08-1784, 2009)

 

Maintain confidentiality. Address the situation in a face-to-face, confidential meeting, and keep the meeting confidential afterwards, said Dunn.

 

Dealing With Executive Resistance

What should you do if the executive is truly defensive and resistant to your feedback?

 

"If the exec's behavior causes a great risk to the company, the HR Manager should go to their superior or report it appropriately to auditors," Dunn advised. "Otherwise, the HR Manager should document the conversations with dates and times, etc., and keep them on file. Then they should drop it…. Regardless of what the executive chooses to do, you know…that you have addressed the situation and you did not look the other way.

 

"If the behavior impacts other employees, the focus should then shift to them, to help them deal with the situation and/or be a sounding board for the other employees."

 

Related Topic(s): Discipline & Performance Issues