The following
question was posed to me by a reporter:
“If an employer has a geographically disbursed team can they conduct
performance appraisals or disciplinary conversations over a video chat and
record the conversation for documentation purposes?”
Video chat is an
excellent tool to reach a geographically disbursed team. However, I found
the notion of recording the conversation for documentation purposes both
interesting yet somewhat troubling from an employee relations
perspective. Most employers would not consider recording (either audio
taping or a video taping) a face-to-face discussion as a way of creating a
record of the meeting. What makes a video chat any different?
Putting any legal
considerations aside – I’ll leave that to the attorneys – I think asking an
employee if they will consent to the recording would immediately make the
employee uneasy and defensive. If
the nature of the conversation is to discuss strategies for improving employee
performance (or conduct), then the goal of the meeting should be to have a
positive and productive dialogue. As an HR leader, I would be concerned
about starting a discussion on what could be perceived as a negative note,
namely that you want the conversation to be recorded and asking the employee
for his/her consent. My fear – it
could cause the employee to shut down, become defensive, and not be a willing
participant in the dialogue. If the intent were really to provide
feedback and have a two-way discussion about strategies for improvement, I
don’t see this approach being effective.
Further, by
recording the conversation, the employer could increase its risk if in fact the
recording were used as evidence in a legal challenge (Court case, EEOC
complaint, etc). Consider the manager who may not be as skilled at having
these critical conversations, loses his/her composure, and makes statements
that would have better remained unsaid. Now an electronic record of a
discussion gone awry exists to the detriment of the employer.
Managers should
always maintain documentation of meetings with employees. Keep in mind every meeting is not going
to be a video chat. Notes should be made of the key points and issues
that were discussed and next steps agreed upon. If some team members are geographically disbursed and others
are in the same location as the manager and different approaches for creating
documentation are used (video recordings for those in other locations and
written records for those in the same location), this two-tier method could be
perceived as unfair, causing another type of employee relations concern.
The Big Book of HR, Guidelines for Documenting Workplace Issues (written
documentation) and a Sample Disciplinary Notice. There are also chapters
on Critical Conversations and Performance Management, with appendices devoted
to documentation of performance issues.
When considering the use of video chats, especially to create a record,
ask yourself if this aligns with your organizational culture. My concern is that by creating recordings of
video chats, you are sending a message that it’s okay for anyone to record
things that go on in the workplace. Is this the type of culture an
employer wants to create?
So, are there
situations where situations where a face-to-face conversation (even if it’s
just over video chat) is better than a phone conversation?
As I said earlier, video chat is an excellent tool to reach a
geographically disbursed team. With tools like Skype and Face Time, the
technology has become much more affordable and I would encourage employers to
use it frequently if it is feasible. It helps to make the discussion more
personal. Using video chats for all performance appraisal
discussions is an excellent example. A discussion about disciplinary
issues is also another opportunity to use video chat. However, be wary of
recording them especially if you have not sought legal counsel.
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