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Employment

• Agency Employment

Mission Statement

Family & Children's Service of Ithaca is dedicated to providing affordable, professional services that support children, families, and organizations in finding solutions to the challenges of life today.

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• Staff Email

Topics

• Condition of Employment Referral Procedures
• Condition of Employment Sample Letter
• Supervisory Consultation through the EAP
• Substance Abuse in the Workplace
• Reasonable Suspicion
• Reasonable Suspicion Sample Assessment Form
• Dealing with Employee Performance and Conduct Issues
• Giving Criticism and Feedback
• Transitioning from Peer to Supervisor
• How to Identify a "Troubled" Employee
• Internet Misuse in the Workplace
• Confidentiality and the EAP

Condition of Employment Referral Procedures

Family & Children's Service EAP is available to help organizations provide another alternative to terminating an employee exhibiting performance or behavior problems in the workplace. The EAP will provide an assessment and referral (if applicable) to employees following the receipt of a condition of employment referral. A condition of employment should not be used unless all other methods of assisting personnel have been exhausted and it is in your personnel policy.

Guidelines for Condition of Employment referral due to behavioral concerns or work performance issues:

1. The employer will meet with the employee to discuss the specific concerns. The employer will inform the employee that he or she will now receive a Condition of Employment referral to Family & Children's Service EAP. The employer will give a Condition of Employment Referral letter to the employee which the employee will sign (see attached copy) and bring with them to EAP.
2. The employer should notify Karen Fritz, EAP Contract Manager that a referral is being made and the name of the employee
3. The employee is responsible for calling Family & Children's Service EAP (607) 273-7494 to schedule an appointment to be assessed by a clinician.
4. The clinician will meet with the employee and review the signed Condition of Employment Referral letter. The clinician will assess what the employer has requested from the EAP. The clinician will ask the employee to sign a release and then will contact the employer and provide them with the information regarding attendance, recommendations and/or if the EAP is making a referral. At times, no other follow-up information is requested by the employer, other than to know the employee has attended their first EAP session.
5. Should additional treatment be needed, the clinician will make referrals to appropriate resources. Family & Children's Service EAP will make every effort to refer employees to providers and facilities that are covered by their insurance, however, payment for all treatment is the responsibility of the employee as directed by the insurance carrier.

Condition of Employment Sample Letter

SAMPLE LETTER -placed on organization's letterhead

Condition of Employment

Date

Karen Fritz, LMSW
EAP Contract Manager/Mental Health Consultant
Family and Children's Service of Ithaca
204 North Cayuga Street
Ithaca, New York 14850

Dear Mrs. Fritz,

On (date), we made a Condition of Employment referral to your agency for (employee's name) due to performance issues. The employee has been informed about the performance issues as well as our expectations in order to continue employment with us. The employee also has been informed of disciplinary action that will be taken if performance does not improve satisfactorily. We have recommended that he/she contact your agency in a timely manner to schedule an appointment with the Employee Assistance Program for an assessment and treatment recommendations. The performance issues that prompted the referral are as follows:

The employee has been informed that he/she will be asked to sign a release of information at Family & Children's Service so that we can be informed of the following:

The employee acted upon the referral.

The employee did/did not attend the first clinical appointment.
The employee has completed / not completed the assessment.

Family and Children's Service of Ithaca does/does not recommend treatment.

Family and Children's Service of Ithaca EAP will be / will not be, making a referral forspecialized assessment to another provider.

The employee understands that the employer will not be asking for, nor will be given information about a diagnosis, any personal information or the type of treatment recommended or the referral source.

Signature of Employee Date

Name of person managing the Condition of Employment referral Date

Click here to Download sample form

Supervisory Consultation through the EAP

Supervisory consultation is a free benefit through your EAP for supervisors and human resource managers. It does not count against your EAP sessions. It can be done by phone or in person. Just contact the EAP Manager at 273-7494 to discuss any challenging employee issue.

Why Use Supervisory Consultation?

• To gain perspective and improve skills in a confidential setting.

How Does Consultation Assist Supervisors?

• Careful and objective listening to supervisor's concerns and questions.
• Assistance in creating positive responses and strategies to address the concerns and questions in productive ways.
• Assistance in formulating documentation about performance and behavior problems at work.
• Guidance and support with constructive confrontation about performance and behavior problems.

Some Examples of When You Might Use Supervisory Consultation:

• You are emotionally involved and want to develop perspective before you act.
• You want to think it through in privacy for any reason.
• You want to discuss how EAP can help.
• You want to talk about how to make an EAP referral.

Substance Abuse in the Workplace

Supervisors, Substance Abuse and Employees
Here are some general tips for dealing with suspected substance abuse by an employee. Always consult with HR and your drug and alcohol policy.

When use of substances begins to impair the work performance of an employee, the expertise and training of the supervisor comes in to play. The decision to intervene should be based on specific observations concerning behavior, appearance, speech or body odors, not just deteriorating/unacceptable performance alone. Confronting a subordinate with a charge that he or she has alcohol or drug problems is almost guaranteed to drive the user into a defensive posture and make positive intervention all but impossible. The key to successful confrontation is to stick to the facts as they pertain to work performance and to avoid emotional involvement. Your role is not to diagnosis an employee. Do not accuse an employee of substance abuse.

• Do not attempt to discuss drinking habits or other drug use with the user, you are likely to emerge the loser. Persons with a substance abuse problem are experts at denying and hiding their problem.
• Maintain control of the conversation and stick to what you know are documented instances of unacceptable behavior such as absenteeism, accidents, mistakes, failure to meet objectives and deadlines, and any indicators that they are not fit for duty.
• Have the documentation in front of you so that you are sure of the facts and are not likely to be dissuaded. Do not rely on your memory.
• Avoid meaningless threats about disciplinary action.  If there is a possibility of taking a job action, there must also be a commitment to follow through.

The meeting should be in the tone of a job performance evaluation, with the supervisor pointing out the areas of deficiency and offering to help with problem solving. To reiterate, the discussion should be free of sympathetic and apologetic overtones. Sympathy is the thing that persons with substance abuse problems do not need. Sympathy often serves just to encourage rationalizations and denial.

Rarely in this meeting will the individual admit that alcohol or some other substance abuse is either at the root or is contributing to the problem.Do not overlook the possibility that substance abuse may not be the primary cause of the work performance problems.

The supervisor should emphasize that the interview and all subsequent information will be given protection consistent with company policy. During the course of the discussion, the individual should be made fully aware of the organizational and departmental policies concerning treatment (i.e. if, and at what point, treatment becomes mandatory). Consequences of failing to meet objectives or violating regulations should also be clear. Sometimes the threat to a person's job and career may be enough to motivate the individual to positive action. Often it will require more. When the individual finally agrees there is a problem, or is obligated to accept assistance, express optimism for the outcome and schedule follow-up interviews to discuss progress.

Throughout the follow-up interviews, the same principles must apply:

• Stick to the facts about job performance.
• Have all the documents available; don't rely on memory.
• Explain all the consequences if performance expectations are not met.
• Be supportive, honest, and, above all, firm.

Reasonable Suspicion

Reasonable Suspicion Determination
Here are some general guidelines. Always consult with HR and your drug and alcohol policy.

As supervisors who make reasonable suspicion determinations, you are being trained on the physical, behavioral, and performance indicators of probable drug use and alcohol misuse. In addition to understanding when to fulfill this responsibility, you should understand why it is important and how to fulfill this responsibility.

In the end, a supervisor's decision should pass the "reasonable prudent individual" guideline. That guideline simply requires that a similarly trained and experienced supervisor, being reasonable and prudent and having observed and noted the same facts, signs, and circumstances would have come to the same conclusion. Hunches and "gut feelings" are not valid in making a reasonable suspicion determination. Neither is simply a history of poor performance. A reasonable determination referral must be based on a trained supervisor's specific observations concerning the appearance, behavior, speech, or body odors of the employee.

It is likely that most reasonable suspicion referrals will occur when employees report for duty because this is the time when supervisors have the most contact with their employees. Reasonable suspicion referrals will also be triggered by incidents and complaints by other employees or customers during the work day. In any event, the supervisor's decisions must be made quickly and correctly.

Reasonable Suspicion Sample Assessment Form

Click here to Download sample form

Dealing with Employee Performance and Conduct Issues

DO:

• Prepare what you are going to say ahead of time. Have a plan and stick to it. State what you have to say politely, directly and clearly. Use a formal, yet considerate attitude.
• Talk with the individual in a place that is private.  The contents of the meeting should be kept confidential.
• Focus on job performance and conduct, not on suspected alcohol or drug use, mental illness or any other potential reason for performance problems. Don't go in depth about personal problems.
• Present written documentation of the job performance and/or conduct problems (late reports, absences, lower productivity, accidents, trouble with co-workers, etc.).
• State your expectations for improved performance and/or conduct. State what will happen if the expectations are not met within a specific period of time. Offer suggestions for improving performance and/or conduct. Get their input as well.
• Offer available resources (EAP; hotline, health providers, counseling, etc.) to help employees get back on track if an individual indicates s/he is having personal problems.
• Arrange for a second meeting to evaluate or to discuss disciplinary problems, if necessary.

DON'T:

• Diagnose the cause of the job performance or conduct problem.
• Get wrapped up in employee's emotions and personal problems. Don't become their counselor.
• Try to minimize or solve the employee's problems.
• Moralize or judge the employee.
• Allow unacceptable or declining performance or behavior to continue over time.
• Be intimidated from your goals by the employee's personal problems. Secure a commitment for defined performance improvements.
• Threaten disciplinary action unless you are familiar with policies, willing and have the authority to implement them.
• Continue a discussion that has become angry to convince the employee that you are right. If the employee becomes resistant and/or hostile, reschedule the meeting. Notify your supervisor and/or human resources about any out bursts or threats.
• Tell an employee that they must seek counseling to keep their job unless a formal Condition of Employment arrangement has been put in place in cooperation with your Human Resource Director, the employee and the EAP Contract Manager.

Giving Criticism and Feedback

If you are uncomfortable giving criticism and feedback to employees, you're not alone. Most supervisors feel uncomfortable with this aspect of their job, even though constructive criticism and feedback are essential to the growth and development of an employee.

• Examine your own motives- Why do I want to give this criticism?  If this issue of performance or behavior was happening with my favorite employee?, would I be feeling the same way or react the same way?, or is it because of my preconceived notions about the employee or because I dislike them?
• Never give feedback when angry or upset
• Give feedback in private
• Provide feedback soon after the event
• Keep it well balanced! Give global, positive assessments not just negatives
• Focus on the problem/mistake, not on the person
• Be factual, not judgmental
• Avoid going back to previous instances which have been resolved
• Offer suggestions and engage the person in arriving at solutions, rather than giving directives
• People would rather hear what they can do than what they can't
• Be supportive and collaborative!
• COACH! Supervisors using coaching skills collaborate, focus on strengths, allow freedom to make mistakes and allows employees to try their own solutions to problems.

Transitioning from Peer to Supervisor

Transitioning from Peer to Supervisor
Being promoted can be a challenge as it is. But what happens  when you have to supervise individuals who were once your peers? How will they accept you in your new role?  Many problems can occur when we attempt to carry out our supervisory role while maintaining previous patterns of peer interaction.    New boundaries must be re- defined.  Here are some tips to help you evolve through this transition.

Build upon your strengths

• Use direct knowledge you have of each individual staff member
• Use your knowledge from when you worked in your staff’s position, to preserve things that worked and change things that didn’t work
• Use your direct knowledge of practices and policies within the program you are supervising

Create a new internal identity for yourself

• What kind of a supervisory do I aspire to be?
• What are my goals?
• What does it mean to me to be a supervisor/leader?
• What kind of a role model do I want to be for others?

Be a leader

• Discuss with employees what they need from you in your supervisory role
• Be assertive, but not dictatorial in setting boundaries and expectations
• Delegate by empowering people
• Make decisions, even unpopular ones, with thought, integrity and consideration

Demonstrate respect

• Treat people with kindness, politeness and courtesy
• Respect the confidentiality of each staff member
• Encourage staff to express ideas and opinions openly
• Never speak over or cut off a staff member. Listen!
• Never use judgmental language or put downs toward people or their ideas
• Treat people fairly and equally. Avoid favoritism or situations which may appear to be so
• Show appreciation to your staff
• Acknowledge any feelings an employee may have regarding you in your new role

Build trust

• Keep staff truthfully informed
• Talk the talk; walk the walk. Keep commitments. Supervisors who act like they are worthy of trust will be likely to be followed
• Other employees will trust you more if you address issues in a timely fashion
• Do not allow employees to talk about absent employees behind their backs
• Display competence and confidence in your tasks. Be honest if you don't know.
• Be sensitive and use empathy
• Set high, yet realistic, expectations and portray an attitude as if you believe staff members can live up to them

Maintain a relationship with staff

• Sharing and receiving information on personal matters to a limit and acknowledge those limitations and your role
• Seeking input from staff
• Being open to feedback

Create a new support system for yourself

• Find a mentor
• Utilize your supervisor and other colleagues for ideas and help with supervisory matters
• Utilize Human Resources Dept.
• Use the EAP for supervisory consultation!

How to Identify a "Troubled" Employee

• Employee is late for work repeatedly, leaves early, takes more than authorized time at lunch.
• Employee requests early dismissal or additional time off more than usual.
• Employee uses more sick time than usual.
• Employee has inconsistent work quality and lowered productivity.
• Employee has increased mistakes, frequent judgment errors, and/or is forgetful.
• Employee exhibits mood swings, which seem to occur at similar times of the day.
• Employee is tearful and easily over-whelmed.
• Employee is overly reactive to supervisory concerns or compliments.
• Employee deliberately avoids co-workers and supervisors.
• Employee has visible bruises or other physical injuries.
• Employee has a deteriorating personal appearance, hygiene, or ability to get along with co-workers.
• Evidence of lowered morale and reduced productivity among co-workers, the result of covering for the troubled employee and/or frustration at lack of intervention by management for what is perceived by many workers as an obvious problem.
• Employee takes needless safety risks to raise productivity, especially after supervisor expresses concerns.
• Careless handling and maintenance of machinery, equipment, or office supplies.
• Increasing complaints about problems at home or with family and friends.
• Frequent and recurring financial problems, including borrowing from co-workers or supervisors.
• Employee smells of alcohol or shows evidence of other drugs.

Internet Misuse in the Workplace

Internet Addictition...Pathological Internet Use...Cyberdisorder. These terms speak to an emerging issue facing the workplace. Although controversy remains regarding if Internet misuse is an addiction or disorder, whatever one chooses to label it, employers and Employee Assistance Program (EAP) professionals are seeing more and more employees with problems related to the Internet and its impact on their work performance, finances, relationships and many aspects of their lives.

For employers, slow Internet connections are the least of their worries. Online industry analysts estimate that Internet misuse will cost companies 1 billion dollars in lost productivity (Newsweek). The top Internet management concerns currently facing companies are sexual harassment and discrimination by misuse of personal email and accessing online pornography. Many studies indicate that the leading cause of disciplinary action or termination due to Internet misuse was for accessing pornography while at work. In addition, surveys have found that 70% of adult websites are visited between 9am-5pm. Some of the other online behaviors impacting workplace productivity include employee participation in chat rooms, gaming or gambling, information surfing, stock trading, and shopping.

What are employers doing about this growing concern? Policy, electronic monitoring, training, discipline/termination are the main strategies employers are implementing to combat this growing problem. However, many employers are not taking proactive steps. For example, only slightly more than half of the Fortune 100 Companies even have Internet use polices. According to a survey by the American Management Association, out of 2,100 major U.S. companies, 46% gave informal or formal warnings and 17% fired employees. One strategy which seems to be a rarity is the offering of counseling, which is unfortunate since the problems associated with Internet addiction can be resolved through cognitive-behavioral therapy and counseling modalities similar to substance abuse addiction treatment.

Employers can take proactive steps. Examine company policy, explore electronic monitoring options, train supervisors in early detection, and most importantly, offer employees help. Work with your EAP to assist you with workplace strategies and how to respond to employees' online misbehavior at work. EAP professionals can be very helpful by providing counseling to help employees to deal effectively with addictive qualities of the online world, obsessions, and interpersonal concerns as well as other common, underlying issues associated with Internet misuse.

Confidentiality and the EAP

The confidentiality of our clients are of utmost importance to us at your EAP provided by Family & Children's Service. If you worry that your employer will find out if you used the EAP, or worry that your supervisor will somehow know what you talked about... you aren't alone. This is a common worry and misconception that people have about using their EAP. And unfortunately, some people don't use their EAP and seek help because of this fear. Your EAP is confidential! EAP's are subject to federal and state laws regarding confidentiality and HIPAA regulations, just as any provider of services that involve individual's protected health information. Your EAP through Family & Children's Service carefully safeguards your personal information, is HIPAA compliant and provides all new clients with information regarding privacy practices, your rights and confidentiality. Of course, we do have legal duties to share confidential information with appropriate parties in certain circumstances where a client poses a serious and imminent danger to themselves or others, or in cases of suspected child abuse. We are able to provide answers to any questions you might have concerning confidentiality and your privacy. Please feel free to ask.

If you are a supervisor or human resource representative, you may be wondering, "But what if I refer someone to the EAP as a formal condition of their employment? Don't I have the right to know if they followed through and worked on their issues?" The answer is that EAP is still confidential! Employers even in this case do not have a right to know and the EAP can not provide any information without the consent of the employee being referred. In this circumstance during this disciplinary conversation, the employer should discuss with the employee upfront the kinds of information they plan to ask EAP, such as attendance, or if the EAP is making a referral elsewhere, or if particular skills were gained during the EAP sessions.Still, the EAP will only provide information if the employee signs a release of information. Our clinical professionals at EAP are very cautious and respect confidentiality. They will work with you on specifically what you feel is OK for EAP to tell your employer. It is important to know that the EAP does not and will not share information with employers regarding personal information, your diagnosis, or where we are referring you to which may reveal what your personal issue may be. A formal condition of employment referral is rarely used by employers and is the only time employers even want to know anything about someone's use of EAP.

It is so important for supervisors and human resource representatives to emphasize to individuals that EAP is confidential, and that it is a safe place to go to talk about issues. Some employees assume that since this is a benefit provided to them through their employer, that their employer somehow has the right or ability to know which employees use the EAP and what they used it for. This is not the case and EAP carefully protects people's privacy..

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