Why "Off the record" Is not on!

The term “off the record” is a phrase used in movies and TV but misunderstood and dangerous in employment situations. 

It is a term used in journalism, mostly in America - where it has laws backing it up. These do not exist in Australia. It generally means: “I’m happy for you to have this information, but I don’t want people to know it came from me”.

A lot has been said about when an employee requests it of someone above them, but it is actually more risky when a manager requests it of an employee.

When an EMPLOYEE asks a manager to go “off the record”

This is usually done when a person wants to report bad behaviour of another, but worries about the backlash. Another version of this is when they ask for the manager to stop taking notes.

The problem is that the employee is highly likely to confide information that the manager then has a legal obligation to act on. So best practice is to calmly tell them you can’t do that, but encourage them to speak freely.

When a MANAGER asks to go “off the record” with an employee

Increasingly this phrase seems to be used by managers, for example to respond to a question they are uncomfortable about – “off the record?” – before they lean in and speak honestly. Some managers also use the phrase where they approach a person below them in the food chain about having a discussion “off the record” to sort out an issue between them. This is highly, highly problematic, for a number of reasons.

1. There is no such law! 

Australian law does not recognise “off the record” as being a legal protection. An employee does not have to keep what a manager tells them confidential. There are however other legal terms that do imply confidentiality in certain situations.

2. It is naïve to believe an employee understands and respects confidentiality

When a source says it to a journalist, they are saying it to a person who has training to understand the legal implications (or industry ethics code in Australia) of the phrase. They understand that it is not personal – just business. An employee however, may be highly offended or want to rely on information a manager tells them at a later date, particularly if it effects their employment or they become emotional about it. Employees can and do use this sort of information in unfair dismissal hearings; at the pub; on Facebook; with an inspector from a state body; and in court. It is naïve to believe that they will not, and risky to do so without keeping a record to defend yourself later.

3. It can be interpreted in unexpected ways

The phrase is so airy fairy that even journos can’t be sure what it means. For example does it mean:

• Whatever I tell you can’t be put in writing?
• I won’t admit to saying it?
• You can use the information but don’t quote me
• You can quote me but don’t say it came from me

 4. At best it is unskilled and at worst it is unethical 

There are good reasons why a manager might want to ask for this, but all of them have fear at their root. If you are a manager and you are effectively saying to people “I’m happy for you to have this information, but I don’t want people to know it came from me”, it says that you:

• could be too process or systems orientated and not comfortable having an informal discussion to build rapport with employees;
• are likely breaching the trust of someone, and possibly acting against the interests of the organization you work for;
• fearful of having an open and transparent relationship with the employee, except in these conversations; (secretive – see ‘Why all managers need to know how to throw a great party’ for more on this) 
• prepared to speak inappropriately to the employee eg. Tell them exactly what you think of them!; and/or
• don’t want to be held accountable for your actions

With all this, “must not! must not!” and warnings, what can a manager do?

A manager can stop being fearful about having honest and informal conversations – just do it – but always in a respectful and professional way.

A manager can do a sense check with someone else before having the conversation, eg. a person who is also aware of the information, or a person who understands the risks of giving it out.

A manager who does these things should be happy to be held accountable for increasing communication, building trust and making a work environment less clinical.

Why all managers need to know how to throw a great party

One of the things we (should) all learn pretty quickly as teenagers, is that having a successful party is not about the venue, the drinks, the theme or the occasion. It’s about whether people show up and get involved. Teenagers intrinsically get it, but not all of them get how to make this happen, which is really a shame, because it’s an important life skill!

Getting a people to show up and getting involved is about building some hype around the party. Teens who do this well do it by talking about it to a lot of people, asking people for their ideas or help, and talking about it constantly. The successful teen party host asks things like “are you coming?”, “are you excited?” and “what sort of music should we play?” to a lot of people - and acting in an inclusive way.

This same skill is important for every manager to use regularly, and not just for positive messages. So often senior manager or leaders of a work group or project insist that nothing is communicated until the project is “off the ground and running”, insisting that everything must be totally confidential until then (ie. excluding people). These managers, more often than not, do a great job of sabotaging their own project or task.

A project can’t get “off the ground and running” unless it gathers momentum and support. Getting momentum happens through the same means a teen uses to drum up support for a party, by talking about it a lot - to a lot of people, and by getting the input of others and allowing them to shape the project. Paranoia about confidentiality and getting it right usually has more to do with that manager’s need for control that the success of the project.

What this says about human nature is that we all need some time to warm up to new ideas or change, a chance to process it, and a need to be involved. This is why the same party planning skills are important for delivering bad news.

Read on for a bad news example….

A few years ago, I had to carry out redundancies for around 150 people in a rural area. I was shocked to discover that the inexperienced site managers planned to sack people without notice, at the end of a shift, because the workforce had previously been aggressive and used physical tactics on site. They were afraid of what would happen if they put out an early warning. I managed to convince them that:

(a) Keeping something like mass redundancies a secret will never happen. There is always a leak which only goes to prove to the workforce that management are dishonest and deserve what they get; and

(b) There was sure to be unpredictable aggression and possible violence if they acted suddenly, without warning.

We managed to put together a plan which involved warming the workforce up to the unhappy reality that they were going to lose their jobs.

Week 1: There is a problem, we have lost a major client;

Week 2: We are looking at options to stabilize the business;

Week 3: One of the options may be redundancies but we will give you notice if it is going to happen;

Week 4: it is going to happen within a few weeks, tell us how we can make it easier for you.

What was most important about the plan was how it was communicated – often, to a lot of people (through site walks) and involving them in the solution.

They told us that we could help by coming up with a list of projects around Australia looking to hire people in their trade – we did and pinned it to notice boards with contact and the accommodation options in those towns. We encouraged people to move into job finding mode. Before long people were talking to us about when they would be finishing up, advising that they had somewhere else they were going to next. We contacted the union and asked for their assistance in ensuring that apprentices were able to continue on with another employer. They were stunned that we had contacted them at all and complied with very little fuss.

When D-Day came there were a few who were really angry and it was certainly tense that day. Those who did protest received a response from others “you knew it was happening, you’ve had time to plan, there’s nothing we can do about it” and having it come from their workmates (rather than managers) helped diffuse things quickly.

One of my aims was to keep things out of the media. I can’t lie - my strategy certainly felt scary at times! But I’m pleased to say that not one story made it into even the local news. Talking about it to all our people regularly meant that it was not news any more. We had controlled the message and managed to show people that we would share information and listen.

Giving Feedback

One of the key tasks in managing people is providing them with feedback. It reminds them that they are accountable for the job they do and allows them to know where they stand. Research has shown that feedback is a vital element in employee engagement.

Many managers and supervisors avoid giving feedback to the people working for them because they worry they will lose control of the situation and it will turn into a "yes you are - no I'm NOT" argument, putting them in a weak position or otherwise forcing them to be aggressive.

The paradox with this is that when you avoid giving feedback, others do see you as weak or ineffective. Fortunately there are a few simple ways to help you stay in control of the situation.

1. Balance your feedback by starting with something positive

This can be useful because it helps to break down their assumption that you are 'against' them. It helps them to see you as someone who is on their side and has a balanced and fair view of who they are. This helps them to be more relaxed and less defensive.

2. Give specific examples of things they did or did not do

Labelling someine in a general way tells them that you think the whole person is a lost cause! This is one of the reasons they will ignore your feedback - it is too hard to know where to start and what to fix. When you give them specific feedback about their actions it is easier for them to accept because they know what to fix.

It is also useful to use specifics when discussing a person with another manager. This ensures you both have a clear understanding of the issue.

This also applies to positive feedback. "You're great" doesn't have as much impact or stick in someone's mind as long as the more specific: "You really churned through the work today and I know the rest of the team appreciated hearing back from you so quickly".

3. Don't be drawn into debate

Sometimes people will insist on asking 'who told you?' or 'how do you know that's true?' The problem with this is that it sucks you into an argument. It is a skill that takes practice but this can be managed by calmly stating that you are not going to get into a discussion about it.

It is important to note that giving someone feedback on how they are doing is different to discipline eg. a warning letter or some sort of sanction. Feedback tends to be one way - 'for you information only', whereas disciplinary discussions must establish the facts and allow all parties to be heard.

I Swear!

It is common for those who manage or supervise people to swear. There are two key situations when this is most likely to occur, but in both situations it is likely to have the effect of weakening your position of authority.

1. To demonstrate you are angry and serious about an issue

This undermines your authority because it looks like you have lost control of the situation and are flying off the handle. As a manager, you want to appear cool, calm and in control, but as soon as you yell and swear, it tells people that you are desperate and this is a last ditch effort to hold onto that control.

2. To set up an informal environment where people feel comfortable

Although you have the right intentions, many people interpret this as your wish to demonstrate that everyone (including you) is an equal. They may respond to this in ways that you don't feel is respectful of your position of authority, eg. ignore something you ask them to do, pressure you to swap shifts/ tasks. In the workplace, everyone is not equal. You are the boss - so don't accidentally undermine yourself!

It is important to recognise that as the person in authority, your job is to set a standard of professionalism. If you feel uncomfortable with this, remember that employees are proud to work for companies that value professionalism and respect it.