Informal DiscussionTools
The following documents, Informal Discussion Guidelines, Managing the Informal Discussion and Informal Discussion Worksheet are designed as tools for you to conduct an Informal Discussion with an employee about a grievable issue.
Informal Discussion Guidelines
Prior to conducting the Informal Discussion
You will need to confirm/complete the following items:
Issue being discussed is a grievable issue (see list below)
Request made within 15 calendar days of the alleged event or action
HR has been notified of the request
The following are grievable issues that require an Informal Discussion:
Inaccurate and misleading information from personnel file (excludes the contents of a performance appraisal and written disciplinary action)
Overall performance rating of less than meets expectations*
Denial of hiring or promotional opportunity due to failure to post
Denial of veteran’s preference
“Whistle Blower” **
Denial of re-employment or hiring due to denial of RIF-priority*
Denial of promotional opportunity due to failure to give priority consideration for promotion*
*Only career state employees may grieve these issues.
**Only probationary or career state employees may grieve this issue.
Conducting the Informal Discussion
During the discussion, identify the remedy(s) sought by the employee. Consult with your management and Human Resources (HR) regarding possible options for resolution. HR is available to serve as a resource to both you and the employee during the discussion.
Conclusion of the Informal Discussion
Prior to communicating the outcome of the discussion to the employee, consult with your management and HR. The outcome of the discussion must be communicatedin writing to the employee. HR is available to assist you in preparing the written communication.
Managing the Informal Discussion
In accordance with the new Employee Grievance Policy, specific grievable issues must first be discussed with the immediate or other appropriate supervisor in the employee’s chain of command or other appropriate personnel or agency (hereafter referred to as supervisor) that has jurisdiction regarding the alleged event or action that is the basis of the grievance prior to filing a formal grievance.
If you are approached by an employee to discuss a grievable issue, your first responsibility as the supervisor is to confirm that the employee is requesting an Informal Discussion as part of the grievance process. Additionally, the employee has the responsibility to clearly communicate the intention of his/her request for an Informal Discussion. Together, both parties must confirm and agree upon the purpose of the discussion.
The supervisor is responsible for notifying Human Resources that a request for an Informal Discussion has been made by an employee. Human Resources will serve as a resource to the supervisor and employee during the discussion and will work with both parties to achieve a resolution of the grievable issue,if possible.
To be eligible to file a grievance, an employee must request and participate in the Informal Discussion within 15 calendar days of the alleged event or action that is the basis of the grievance. If an employee approaches you after the 15 calendar days have passed, it should be clearly communicated to the employee that, although the issue may no longer be grieved, there will be time set aside for a discussion of the employee’s concerns.
If an employee has requested an Informal Discussion within the 15 calendar day timeframe and progress is being made toward a successful resolution or if there are there are occurrences that are unavoidable or beyond the control of either party, both parties may agree to extend the 15 calendar day timeframe. This extension must be agreed to in writing and approved by Human Resources and shall not exceed 15 calendar days.
The following are tips to help you manage the discussion:
- Set aside private time to have the Informal Discussion. Ensure that the employee knows that you are interested in discussing their issue and finding a resolution, if possible. Many times, the employee may have benefited simply from having the opportunity to talk about the issue.
- Be respectful. This is an important issue for the employee and deserves your time and attention, regardless of the outcome.
- Allow the employee ample time to talk.It is important to give the employee a chance to tell his or her side of the story. Often times, an employee’s main frustration stems from feeling that his or her concerns are not being heard.
- The employee may be emotional or angry about the issues to be discussed. As the supervisor, you should avoid heightening the emotional climate. Stay calm and concentrate on listening to the employee rather than preparing a defense of any action you may have taken.
- After the employee has made his/her initial statements, ask questions to clarify the core issues. Ask follow up questions to ensure that you fully understand the employee’s concerns.
- Offer the “whys” behind a decision. The rationale behind why a person did not get a promotion, as an example, may be all that is needed. When people know why, they operate on more than just assumptions.
- Recognize the employee’s accomplishments and contributions at the same that you may have to reinforce the rationale behind a decision that the employee may not want to hear.
- If you are unable to resolve the issue based on the remedy the employee is seeking, look for other possible remedies that may be considered. If no other remedy is appropriate, be honest and upfront with the employee. If, for example, an employee did not get a promotion because of past job performance, share with the employee what is needed to be considered for a promotion for the future. Be careful not to make promises that you cannot keep.
At the conclusion of the Informal Discussion, the supervisor is responsible for communicating the outcome of the discussion in writing to both the employee and Human Resources. If the issue is not resolved or the written outcome is not provided within the allotted timeframe, the employee may proceed with filing a formal grievance.
Informal Discussion Worksheet
(This worksheet is designed as a tool for your use but is not required.)
Date of Informal Discussion:
Name of Employee/Applicant:
Name of Supervisor/Personnel conducting the Informal Discussion:
What is the grievable issue to be discussed?
What is the remedy(s) sought by the employee/applicant?
Consultation notes with management and HR:
Discussion notes with the employee/applicant:
Was the issue resolved? ☐Yes ☐No
If yes, provide the employee/applicant and HR the terms of the resolution in writing.
If no, provide the employee/applicant and HR with a statement that no resolution was reached during the Informal Discussion.