
Layoffs for Cost… not Cause:
A Subtle Form of Workplace Hostility?
Gerald Lewis, Ph.D.
“Treat people with respect, you earn
respect. Show them a guard and you have reasons to guard yourself.
Hostility promotes hostility.” --Anonymous
Unfortunately, over the last couple of
decades “workplace violence” has become a common term in our lexicon.
Immediately, people begin to think of “disgruntled” employees coming
into work with “guns ablazin’.” As tragic and dramatic as these
events are, the reality is that in actuality workplace homicide,
as well as non-fatal assaults, has decreased significantly over
the last decade. Further, coworker-to-coworker violence accounts
for only about ten percent of the actual incidents. (1, 2, 3)
The data reported by the Bureau of Labor
and Statistics indicates that the number of layoffs and the number
of individuals affected by them have increased by more than 50%
over the past eight years to more than 1 million “initial claimants
for unemployment” per year. (4) While impacting potentially hundreds
of thousands of individuals each year, it should be examined whether
the method of termination that has become common practice (and perhaps
well intended) may be considered discriminatory and perhaps a subtle
form of hostile behavior on the part of the workplace.
While not all employers implement what
this author calls the “show-them-the-door” method of termination,
the scenario in many organizations may look something like this:
The designated individuals are called into a conference room by
a department head or supervisor, either one by one or as a group,
and given a brief talk along with some forms or documents describing
the terms of their discharge, benefits package, etc. Then the terminated
employees are taken to their individual workstations, accompanied
by a supervisor, security or other type of monitoring personnel.
They are assisted with the packing of their personal effects and
then ushered out of the company with a clear suggestion not to return
to the workplace. For many organizations, this has become the “justifiably”
standard process. When asked why such a method is employed, the
responses are usually vague references to security and/or protection
of intellectual property. At other times, there may be an expressed
concern about the laid-off employee(s) becoming a physical or emotional
disruption to the workplace. Others indicate that seeing laid-off
employees “moping” around the office might have a demoralizing impact
on the remaining workers. Upon further reflection, one might liken
this orientation of treating all individuals as if they were potential
criminals or people with an emotional disturbance, to the practice
of racial profiling, i.e., responding to and/or classifying an entire
group of people on the basis of the behavior of a very small percentage
of that group. It is as if an organization operates by the philosophy:
“You were a good and trusted employee yesterday but because today
we decided to terminate you… we don’t trust you anymore and must
treat you as a potential criminal.”
Further, if the goal is to protect the
other employees from the emotional turmoil of a layoff, one should
question this methodology. Anecdotal information, as well as research,
indicates that many employees feel great distress before, during
and after a layoff or reorganization. In his book, Healing Thy Wounds,
(5) David Noer labels the people who survive a layoff as “survivor-victims,”
and describes their experience as akin, albeit on a lesser level,
to people who survive trauma such as combat, the holocaust, etc.
They are left with feelings of: survivor-guilt, anxiety about whether
they will be next, hopelessness about the random nature of events,
anger at the unfairness and seeming lack of purpose, etc. The surviving
workers often become disorganized and demoralized which diminishes
their productivity. Further, there is often more tension and conflict
among the remaining workforce. So, as an antidote to the demoralization
of the remaining workers, this is a failed method. In fact, this
author has heard people describe a “lack of closure,” or “feeling
the ghosts of the departed walking the halls” when their colleagues
have been summarily dismissed.
The next question is whether the “show-them-the-door”
method actually provides an increased level of security. "There's
always going to be the person who thinks, 'If they let me go, I'm
going to make them pay,'" warns a research manager of Internet Security
Software. “If he knows the company is in trouble, he could plant
a Trojan or leave some malicious time bomb that could go off when
his name appears on a layoff list. There have been a number of cases
of people doing just that." (6) Or, as another IT Director wrote:
“To safeguard the company from possible retaliation, even when an
effort is being made to treat the employee fairly, all access to
company resources should be disabled promptly upon termination.
Further, in most cases, the employee should be given a brief period
to pack his or her things, then asked to vacate the facility on
the same day of termination. This is especially true in the case
of IT professionals.” (7)
Although there is no “hard data” to
support the incidents of malicious behavior that warrant this method,
one may speculate that it may provide a certain degree of security
as regards the employees who are being laid off at that moment.
However, one should consider that it is equally possible that those
who remain and bear witness to this type of treatment of their colleagues
may be putting together their own “bail out” package, should the
same experience befall them. Further, it has been clearly acknowledged
that there is an increasing trend between layoffs and wrongful termination
litigation, and the associated legal expense must be considered.
(8, 9)
Perhaps, one of the most extreme examples
of the potential fallout is described in this excerpt from the CIO
website: (10).
“I have been working in software development
since the late 70's, and during this time I have seen my share
of downsizing. Most of what I have seen has been done under what
I would consider to be less than favorable conditions. In many
cases, turning people who willingly would have taken a pay cut
to keep their job into people who would stop at nothing to damage
the company or its reputation. The most vivid memory comes from
my time at Bell Labs. In this instance, the switching division
decided that the factory in Mexico offered a cheaper product than
the factory in North Carolina. So instead of doing any type of
announcement and transition, AT&T chose to perform the layoff
using the following the fake fire alarm paradigm. The fire alarm
went off and all of the employees where herded to the parking
lot. After all of the employees were accounted for, the doors
were all chained except one, and each employee was escorted to
their work area to pick up any personal effects and given a 2-week
severance check. Needless to say, this not only resulted in a
large number of disgruntled ex-employees, but shook the morale
and conscience of other employees of AT&T who were not affected
by the immediate layoff.”
As suggested in How To Avoid Litigation
From Layoffs “Employees are less likely to sue if they are satisfied
with their severance packages and you treat them with dignity and
respect in the discharge process.” (11)
In his book, I Don’t Want to Talk About
It, Terrance Real describes two different types of trauma, “active”
and “passive.” Put simply, active trauma is when we are hurt, be
it physically or emotionally. Passive trauma is when, after being
injured, we receive insufficient support, nurturance or kindness.
Or, in fact, when we are further injured by being shamed, rejected
or humiliated about the active trauma. (12) Examples to clarify
how these two types of trauma interact are as follows: A child,
injured during a Little League game, is reprimanded by his/her coach
or parent about the error that was committed. Or, after surgery,
a female cancer patient is rejected by her husband. Or, upon returning
from combat, Viet Nam era soldiers were treated as “murderers.”
Or, finally, an employee who is told that he is losing his job/income/identity
experiences further humiliation by the aforementioned method of
separating people from the workplace.
While “reduction in force” has been common
for many professional groups (i.e., construction, tourism, etc),
it now is being utilized in many work organizations. In his book,
The Future of Success, Robert Reich, the former Secretary of Labor
under the Clinton Administration, reported that it has been only
in the last 20-30 years that employees have been laid off for cost
(rather than cause) on the scale that is now seen. (13)
One may argue that this method, if not
similar to profiling, is reactionary, possibly discriminatory and
is borne out of a shortsighted concern for security and liability
rather than a viable and comprehensive plan. Further, many forward-thinking
companies have discovered that it is not necessary to use this method
when letting go employees for cost… not cause. And, in 1989 the
Federal government issued the Workers Adjustment and Retraining
Notification Act (WARN). Briefly, “a covered employer must give
notice if there is to be a mass layoff which does not result from
a plant closing, but which will result in an employment loss at
the employment site during any 30-day period for 500 or more employees,
or for 50-499 employees if they make up at least 33% of the employer's
active workforce. An employer who violates the WARN provisions by
ordering a plant closing or mass layoff without providing appropriate
notice, is liable to each aggrieved employee for an amount including
back pay and benefits for the period of violation, up to 60 days.”
(14) The Department of Labor continues on to suggest: “While this
applies to large scale layoffs, it sets the tone and priority that
employees must be given ample notification of job loss. With the
WARN provision implemented, what does this do to the aforementioned
security concerns? One may speculate that there should be even greater
concern if it is a large-scale downsizing with respect to the aforementioned
issues of security. Why shouldn’t the same priority be designated
for smaller organizations or lesser numbers? It is therefore prudent
for employers to weigh the desirability of advance notice against
the possibility of expensive and time-consuming litigation to resolve
disputes where notice has not been given. The Department encourages
employers to give notice in all circumstances.” (15)
When an organization is forced to downsize,
it should be considered not just a fiscal crisis but also an emotional
one that impacts all involved. The long-range influence on the total
organization extends well beyond the departure of the designated
employees. “Managing transition during organizational downsizing
often means guiding employees through the "survivor syndrome" --
a post-traumatic disorder linked to survivors of major crisis situations.
In order to avert the survivor syndrome, remaining employees must
feel they are valued by management. Survivors tend to react more
favorably when they believe that downsizing is being handled fairly.
It is up to management to maintain that perception of fairness during
times of transition. Providing employees with reasons for downsizing
helps solidify trust between employees and management. Open and
frank discussion is also crucial… All affected individuals should
be notified well in advance.” (16).
Recommendations:
It goes without saying
(but it must be said nonetheless), being laid off as a result of
a downsizing or reorganization is an extremely stressful event for
all involved. Certainly, for the employees who are being “let go,”
there may be far-reaching financial, familial and emotional reactions
for them as well as their family members. It has been noted that
a percentage of people demonstrate a wide range of reactions to
losing their jobs, including anger, shame, anxiety, depression,
addictions, self- and other-directed hostility. Even for those not
acutely impacted, the long-term stress of unemployment and the financial
and relational difficulties that it may spawn can impact an entire
family. Therefore, the following are some recommendations that may
mitigate the impact for all employees.
- Do not notify people on a Friday that they are
being laid off. The weekend is a time when unemployment offices
are not open, and other opportunities to find jobs, headhunters,
resume services, etc., are unavailable.
- Preferably, the holiday season is not the best
time to deprive people of their incomes. Yet, so often, work organizations
choose this time due to the schedule of their fiscal calendar.
- Let people know on Monday, Tuesday or Wednesday
of the week. If they choose, allow them to come back to the office
for the remainder of the week in order to pack their belongings,
say their goodbyes, etc.
- An informal brunch or luncheon for the affected
department(s) may be of benefit.
- Allow the individuals to use their offices (or
a designated location) for outplacement services.
- Provide computers, copy machines, fax machines,
internet access in order for personnel to look for employment.
- Provide outplacement services for the affected
employees.
- Have the EAP available to people for a month after
their leave from the company.
- Have the EAP or another facilitator conduct small
group debriefings for the remaining employees to discuss how this
has impacted them.
- Train the supervisors or department heads how to
deal with the transition.
A great example was reported in The Wall Street Journal,
March 13, 2001: (17) When slow economic activities plagued… a small
information technology firm, the executives decided to take a different
approach to laying off employees. Instead of following in the footsteps
of hundreds of other firms that simply slashed jobs across the board,
provided skimpy severance packages, and offered little warning or
preparation time to laid-off employees, Getronics decided to take
a much more noble, kinder, and humane approach with its laid-off
workers. After receiving coaching from an outplacement firm, (the)
chief executive at Getronics, decided to develop a 50-day plan in
order to prepare for the job losses. He and other top executives
at the firm learned how to "break the news gently and deal with
the layoff victims' emotional reactions." In addition the firm offered
substantial amounts of severance pay and made sure that there was
equity in the decisions made about the individuals who would be
laid off---insuring that minorities and women were not disproportionally
released. The total cost… including outplacement counseling and
the cost to coach its executives, was approximately $150,000. This
figure is small, considering the enormous payoff the firm received
in just knowing that it took a more sensitive and caring approach
to the concern and well being of their employees. 10. Provide consultation
and training to supervisors of departments that have been affected
by the cuts around personnel management strategies. As David Gershaw
writes in his article, Surviving A Layoff: “When any transition
occurs, supervisors' support of the workers is a critical factor.
Workers need to have supervisors who are willing to listen and provide
both emotional and practical support. When this occurs, both job
performance and commitment to the organization among the workers
are higher. If companies want the commitment of their employees,
it would help to train their supervisors to provide support for
the workers.” (18)
Practice the 5 “As” of Organizational Recovery:
- Attitude- be open, honest and straight forward
- Awareness- of employees reactions
- Acknowledge- the event and allow for the expression
of reactions
- Availability- have supervisors and departments
be highly visible
- Appreciation- express appreciation to all employees
References:
- NIOSH. Violence in the Workplace: Homicide in the
Workplace. Retrieved May 30, 2003 from http://www.cdc.gov/niosh/violhomi.html
- Bureau of Justice Statistics (BJS) December 2001.
Violence in the Workplace, 1993-99. Washington, DC: U.S. Department
of Justice.
- Bureau of Labor Statistics (BLS). November 2002.
BLS Survey of Occupational Injuries and Illnesses. Washington,
DC: U.S. Department of Labor.
- Bureau of labor and Statistics as reported in http://stats.bls.gov/news.release/mmls.toc.htm
- Noer, David. Healing the Wounds; Overcoming the
Trauma of Layoffs. San Francisco: Jossey-Bass, 1993
- Taken from: Corporate Layoffs Create Security
Havoc For IT Pros July 2, 2002 www.itmanagement.earthweb.com/secu/article.php/1380141
- Taken from: Corporate Layoffs Create Security Havoc
For IT Pros July 2, 2002 www.itmanagement.earthweb.com/secu/article.php/1380141
- Guryen, B. Careful Planning Can Reduce Litigation
Risk in Layoffs. The Journal of New England Technology, April
15-19, 2001, vol 19, issue 15. www.masshightech.com
- Current Litigation Glut Outcome of Early 90s Layoffs.
Taken from: www.cutter.com/research/1998/crb980716.html
- Taken from: www.cio.com
- Taken from: www.lfhc.com/layoffs.cfm
- Real, Terrence, I Don’t Want to Talk About It,
New York: Scribner, 1997.
- Robert Reich, The Future of Success, Alfred A.
Knopf, NY 2000. 14) Taken from: www.dol.gov
- Taken from: www.dol.gov/dol/allcfr/ETA/Title_20/Part_639/20CFR639.1.htm
- Taken from: www.rcmp-learning.org/docs/ecdd0058.htm
- The Wall Street Journal, March 13, 2001
- Taken from: www.azwestern.edu/psy/dgershaw/lol/Layoff.html
Gerald Lewis, Ph.D. is the Director of COMPASS, providing
Employee Assistance Programs, training and consultation to a wide
range of employment settings. He is an international trainer and
consultant and is the author of numerous articles and two books. |
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