Trial Services: Making the Marriage Work (by Chris Flamm)

Earlier issues of this E-zine focused on the legal aspects of the Trial Services period, and discussed the idea that this is the ideal time to bring the employee into alignment with organizational culture. In this issue we will explore some specifics of how to do precisely that, as well as explore the genesis of culture in an organization.

The Trial Services phase of employment has too often been viewed as a weeding out period. Many employers use this time to focus on what may be undesirable about an employee while they still have the ability to discharge that employee with no liability attached.

However, in terms of building a strong and successful organization, this time period can often be used to much greater success if it is viewed as a time to plant, fertilize, and nurture, rather than a period to deliberately seek for and weed out employees who shouldn’t make the cut. What seeds do you want to sow in your organization? What good habits and behaviors do you want to take root? What type of organizational culture do you want to encourage and help sustain? The trial services period is your best opportunity to construct a productive, long term relationship with your employees while helping to build a high performance, high commitment culture.

Successful organizations operate as a team. Whether in sports, the marketplace, or the non-profit world, teams need to coordinate their actions. A football team can’t win if everyone plays offense and team members fight each other to be the one to score the touchdown. Each team member understands the purpose of his actions and how it dovetails into the actions of others on the team. There can be no intelligent coordination without this understanding. Lack of understanding and coordination add up to a losing season in football; no less so in an organization.

A new hire must have two levels of understanding to be successful within the organization: the general and the specific. The general requires that an employee understand that he or she must work for the overall benefit of the organization and must act in a manner that promotes quality relationships with fellow employees. As to the specific, question number one should be: does your new employee know and really understand the mission or purpose of your organization? Question number two should be: does he or she understand the purpose of his or her own job and how that fits in with the jobs of others? The most productive employees are productive primarily because they understand the purpose behind their work and how it fits into the overall purpose of the organization. They have learned how to coordinate their actions to work effectively with others on their team.

New employees need to emerge from the trial services period having demonstrated that they have the necessary knowledge and are in alignment with the general and the specific expectations. Two factors can make or break the marriage during this “honeymoon period”. The first is the approach you use to train your new hires. The second is the culturally accepted practices and habits new hires acquire from your other employees. These two items predict the long term health of your organization and determine whether the marriage will be fruitful or end during the trial services period.

Turning first to training, the most effective method and the most positive for the new employee is to plan and implement an active process for teaching the employee how to do the job. The supervisor should encourage the employee to see the relationship as that of coach and coached. Maintaining the coaching relationship helps to insure a positive response to input. A coaching relationship also infers a hands on approach to training activities.

Second, culture is formed by more than a mission statement. It is formed by the actions and attitudes of all of its members. The Trial Services phase is where new hires have the opportunity to learn how to contribute to the organization as well as what to contribute to the organization. This is your chance to get them on the team, get them excited, and help them understand the purpose of their job in the higher context of the team mission. The habits and practices they pick up during this period are the habits and practices they will keep. You have a chance to recreate your culture in its most positive aspects every time you hire and train

The following are some suggestions as to how you can maximize the effectiveness of the trial services period as a time for training and as a time to help align the new employee to the culture.

1. The first suggestion is not so much an action step as it is a goal for much of your work with the trial services employees. The orientation and training of new employees is often an excellent opportunity to refresh and refocus the work of your experienced employees. Using the existing employees to help train and orient the new employee not only benefits the new employee but also can help reenergize the experienced employee. Of course you will want to make sure that the right lesson is being given which means a briefing session with the experienced employee thus providing the added benefit of opening a new door for productive communication with the experienced person.
   
   

2. The validation method is a recommended method of training a new employee. While not ignoring the need to correct the incorrect, the employee’s work is inspected periodically for what has been done correctly and well. A list of successful accomplishments can be far more helpful in shaping desired behavior then verbal or written statements about deficiencies. It is very easy to slip into a process of only commenting on that which needs to be changed. The intent of the validation method is to help set up and reward good habits and good work right from the start. This approach generates enthusiasm and commitment for the job at hand. It has the added advantage of helping the new employee quickly feel like a contributing part of the team.
   
   

3. A team approach to orientation can be a powerful tool both to reaffirm the basic culture and to bring the trial services employee into alignment with that culture. One method for implementing a team approach is to assign each team member an orientation task and the time needed to carry out the task. A second and probably more effective approach is to facilitate a team meeting specifically for the purpose of orienting the trial services employee. A good place to initiate the discussion is with a general question such as: what are the most important areas of orientation for our new team member? The responses can be put on a flip chart and then systematically discussed by the team with a focus on insuring the new employee’s understanding.
   
   

4. One important way to define and understand organizational culture is by the values that are held in common. A team exercise that can be used to help align the trial services employee to the culture is called shared values. Again, the supervisor works as the facilitator and asks the team this question: to work effectively together, what professional values do we need to hold in common? This question can lead to some intense discussion and some very good spin off questions such as: what is a value? Do we always act consistent with our values? Do we have shared values? What does it mean to act in alignment with these values? As a side note, one measure of the strength of the team is the level of honesty in the discussion over values.
   
   

This E-zine ends by returning to a critical point. The trial services period is best used when it is viewed as a time to grow or build something that can be sustained over time. Pulling the weeds is important but the desired growth must be the critical focus. All too often the primary focus is on weed pulling with little thought given to the possibilities and potentialities. Hopefully this e-zine has opened the door to working towards a more productive trial services period.

Continue reading...

In Defense of the Trial Service Period

Often times new e-zines come from a problem presented to me either through the arbitration process or one of my other professional activities. This e-zine is the second in a series of three related to the trial services period. During this past week I ran into a familiar problem dealing with the trial services period. In this case, the employer has a 90 day trial services period and a practice of dismissing an unsuccessful employee on the 89^th day of employment; perfectly acceptable practice per the last e-zine. As a matter of policy, no reasons are given for the dismissal other than the statement that the employee has not successfully completed the trial services period. Problem! In this case, the employee was deaf; a fact that constitutes a disability under the ADA. The plot thickens, the employer, during the prior two years, has only dismissed two employees during the trial services period; the instant employee and one prior. The prior employee was also deaf. Now we are in trouble.

While the courts have long recognized, as was discussed last month, that an employee can be dismissed without cause during a bona fide trial services period, the courts have never found that a trial services period protects the employer against the requirements of the ADA. The case is still pending as an EEOC complaint but my guess is that the employer is in trouble on this one.

While the ADA does not protect employees who fail to carry out the essential tenets of their job, the employer has a major burden to both demonstrate that it does not have an inappropriate pattern of unlawful discrimination and that the decision to dismiss the employee on the 89^th day was based solely on permissible reasons. For the purposes of this e-zine, I want to emphasize that the requirements of specific statutes will always trump your personnel policies – including the portion on Trial Service. You must always meet the minimum requirements of law in the way that you apply your policy.

The important point of this month’s e-zine, however, is not to focus on the legal issues concerning the trial services period, but rather to look at the possibilities. The trial services period should be all about performance. True, one dimension of the issue of performance concerns whether an employee can demonstrate the ability to perform at an acceptable level. But, when focus is attached exclusively to the right of dismissal, it misses the potentialities of the trial services period.

While the unfettered right of dismissal is an important element in a trial services period, it cannot be allowed to overshadow the more significant element which is the use of the trial services period to light a fire in new employees. If what the employer seeks is high performing employees, constant reminders that the new employee “may not make it” hardly seems to be an incendiary practice. Rather than dismissal, the focus during trial service periods should be on practices that help insure a long-term commitment to high performance. Three thoughts come to mind to help build this practice.

First, in the book First Break All the Rules, the authors cite extensive research that indicates the strong correlation between high performance and a relationship between the employee and the immediate supervisor. I do not think these research results are surprising as it makes logical sense that we all work better in an environment of positive social regard. If an employee trusts, respects and/or appreciates his or her immediate supervisor, obviously the employee will be more open to direction and coaching. The trial services period is clearly the time to establish those qualities in the relationship. What I am suggesting is that attention to relationship is as important, in the long run, as attention to work performance.

Second, the trial services period is an ideal time to bring the employee into alignment with the culture. While a more extended discussion of the process by which alignment can be achieved is a good subject for a future e-zine, I want to make two quick observations at this point. First, employees learn about culture through the modeling efforts by supervisors and fellow employees. Thus alignment can only be achieved through the involvement of team members. However, there is a double advantage to the employer of including team members in the process of creating alignment. Not only will the group process help bring new employees into alignment; it will also reaffirm to existing employees the importance of the culture.

Third, completing the trial services period has to mean something. One of my favorite definitions of happiness is “happiness is the successful completion of a worthy goal.” When a pilot successfully completes training, he or she receives wings to memorialize that feat. Having personally gone through that process, I have a clear memory about the feeling of accomplishment. In my view, that feeling of accomplishment is needed by the employee to fuel commitment and a high level of future performance. The employer needs to do something to show that passing from trial services to regular employment is a significant event.

Finally, you probably have guessed from reading this e-zine that the question of how to most successfully structure and implement a trial service period is my current, top research interest. I am convinced that the trial service period is the most effective time for the employer to head off performance problems by focusing on procedures that can help insure performance successes. The new employee is generally the most open to responding to these efforts. I am currently working with a couple of clients to completely redesign their whole approach to the trial services period. If any of you are interested in the specifics of what we are doing, please let me know.

Next month we will complete the three month e-zine series on trial service periods.

Quote:

What lies behind us and what lies before us are tiny matters compared to what lies within us.

Ralph Waldo Emerson

Continue reading...

Thoughts on Trial Service Employement

Private sector employment includes non-profits (private corporations with non-profit status). The law, however, does not always treat public sector employment the same as private sector employment. When writing these e-zines, I have attempted to carefully draw this distinction, when the distinction is important. Last month, I wrote an e-zine on severance pay. Unfortunately, as one of the recipients kindly pointed out in a return e-mail, I overlooked the fact that severance pay is by and large forbidden in public employment. Various federal and state statutes prohibit the “gifting” of public funds and severance pay is typically considered a gift – no work, no pay. Thus, while there may be a gray area over whether the employee must work the last few days before leaving employment in order to receive full compensation, clearly multi-month severance packages cannot be put together for public employees. I feel much better now that I have cleared the record on this issue.

On to this month’s topic. On August 10, of this year, one of my colleagues and I will be speaking at a national conference in Las Vegas, Nevada. For the record, I most enjoy speaking at conferences in: New York, Orlando, Anaheim, Las Vegas, and anywhere in Hawaii. The focus of the presentation is on managing the trial services employee. The presentation will look not only at the organizational and legal issues around the trial services period but will also map out steps that can be taken to initiate the new employee into the organizational culture. The early work that I have completed to prepare for this presentation has led me to believe that it is a topic worth discussing in the e-zine. Specifically, I intend to use the next three or four e-zines to construct an outline for effectively managing the trial services employee. In this issue I will begin by looking at two critical issues: 1) what should we call the trial services period, and 2) what significance does employment law place on the trial services period.

What to call it?

Most of the personnel handbooks that I run into still call the trial services period a “probationary period.” For a number of reasons, I believe that using the term “probationary period” to discuss the first stage of an individual’s employment is a very poor title. I recognize that it is commonly used this way but believe the term “probationary” has too much connotation of wrong-doing. Felons serve a probationary period in lieu of jail time or they are placed on probation post jail. Employees are put on probation when they have done something wrong. Thus, starting employment on probation carries the unnecessary and inappropriate sense of wrongdoing.

The term “trial services period” carries with it the concept that one is being given the opportunity to demonstrate capabilities. This is a time of training and development. It is also a time that both parties, employer and employee, can assess whether the position is a good fit for the employee. Most importantly, it is a golden opportunity for the organization to build off of a new employee’s enthusiasm for the job and appreciation for being given the job.

Significance of Employment Law

From the standpoint of employment law, there are good reasons why an employer benefits from distinguishing between an early trial services period and regular employment. First, either through a labor contract or through the organization’s personnel policies, most employees are afforded a grievance procedure by which to bring a formal complaint. Almost all of the labor contracts that I have reviewed clearly deny to the trial services employee the right to grieve dismissal during the trial services period. In other words, if you remove the trial services employee from his or her employment, that separation cannot be challenged. If you do not have a labor contract or where one does not apply, personnel policies can still distinguish between the rights of the trial services employee and the rights of the regular employee as regards the filing of a formal complaint.

Second, in the landmark Supreme Court case called Loudermill (1985), the Court emphasized that employment status in the public sector was a creation of the policies and rules promulgated by the employer. The Court goes on to emphasize that once the employer has created an employment status that carries with it a sense of permanency (regular employment), then that employee has a property interest in their employment and must be granted full due process for a discharge. This decision by the Court, in the view of legal authorities, clearly permits the employer to establish a trial services period that would carry with it no constitutional due process issues rights (no expectation of permanency thus no property interest).

While the Loudermill decision applies only to public sector employment, I believe the Court’s logic in that decision has broad applications. There are many good reasons why it is advantageous to make a clear distinction between the permanency of regular employment and the impermanency of trial services. While the next e-zine will look at the importance of making that distinction in a positive way, as a general matter of employment law it is often useful to make that distinction.

Reflecting over the points outlined above, I am closing this e-zine by offering three suggestions:

1. Review your personnel policies and/or your labor contract and determine whether the word trial services better reflects the early period of employment in your organization than does the word probationary period. If you have not made the change, is it possible to do so?

2. Review the language that describes the trial services period (probationary period) in your personnel policies or labor contract. Is it overly negative, focusing on consequences for the failure to perform? Without diminishing a clear message that separation can occur if the employee is not successful during the trial services period, can the language be written to emphasize that this is an opportunity for the new employee to shine?

3. Does the language of your labor agreement and/or personnel policies clearly indicate that the separation from employment for the trial services employee is distinctly different than the discharge of a regular employee? In my view, an organization ought to discharge a regular employee for cause while it separates a trial services employee for failure to pass the trial services period. The two are distinctly different. Similarly, the employer should not be using formal discipline on the trial services employee. If you cannot bring forth the desired behavior with coaching and training, then the employee has not passed trial services and should be removed from service.

One last point, personnel policies/labor contracts also use the concept of a trial services period (probationary period) for a promotion. Again, I believe it wise to focus on the positive. One difference related to the trial services period for promotion will involve the right of an employee to return to a prior position if he or she fails the trial services period. I cannot imagine that one would want to promote an individual if he or she was doing a poor job in their existing position. Thus, it seems to me that the right of return makes good sense. The policies, however, should be clear on this point.

As noted above, in June we will turn to the “art” of successfully managing the trial services employee and the organizational benefits that derive from putting a greater emphasis on working with the new employee.

Quote of the month:

We cannot teach people anything;

we can only help them discover it.

- Galileo

Continue reading...