All Remote Work and No Remote Play

It is well known that, unless you enjoy riling people up, there is a list of topics not to discuss in polite company that includes politics, religion, and finances. Within the last 6 years, remote work has been added to that list.

There are proponents on either side of the debate, all coming from various perspectives. Many employees claim remote work saves the employer money on in-office utilities, while many employers discuss how the need for more robust technical infrastructure and employee hardware adds costs. The back-and-forth goes, well, back and forth. Employees often point out that companies continued to function all throughout COVID when nearly everyone was working from home (with the exception of essential employees, who observe the debate from the sidelines with no patience for either side), while employers retort that COVID was an emergency situation and work was necessarily limited based on the need to stay sequestered.

Similarly, many employees champion remote work because they believe they can work more efficiently from the comfort of their own home, on their own schedule. Many employers discourage remote work because they believe just the opposite—remote work adds an additional layer of distraction and interference that often gets in the way of efficient communication and interactions. Employers want all remote work and no remote play, while employees believe that will turn them into Jack Torrance from The Shining.

The often unspoken but underlying theme of both sides is the question of trust between employees and employers. Employers may not feel they can trust the employees to perform their jobs as conscientiously as the employer expects if the employees are not readily available and supervised. Employees feel the lack of trust, and will often respond in kind, engaging in what is referred to as malicious compliance. In other words, following the letter, but not the spirit, of the rules.

Any employer who has stood the test of time will tell you that building measurable accountability and performance standards are integral to achieving success, but building trust between the employees and the employer is integral to achieving excellence. So how do you balance these seemingly opposing goals?

The truth is, these goals are not opposing at all; in fact, they complement each other. Clear performance expectations and accountability standards—accountability for the employee, for the employee’s supervisor, for the supervisor’s manager, all the way up to the CEO level—is the framework that allows trust to grow. When the employer clearly communicates its policies about performance expectations, communicates its policies that dictate the result when those expectations are not met, and most importantly, consistently applies those policies, any other matter becomes relatively easy to deal with. The trick is to ignore the triggering term “remote” and focus on the universal term “work.”

If an employee requests remote work, look to your policies. Does the request fall under an approved reason, such as a reasonable accommodation for a medical condition? Then approve the request.

But what if the employee isn’t doing their job? Then you do the same thing you would do with any other employee who isn’t doing their job—respond in accordance with your performance policies.

But what if I can’t tell if the employee is doing their job because they are working remotely? Then you need to revisit your performance policies, because they are not clear enough. Employers who find themselves in this position often would benefit from defining some performance metrics that can be measured objectively. There is less ambiguity (and, therefore, less anxiety) when you can say that a remote employee “failed to close 20% of his tickets on each of 7 days during the last 10 day period, which is 15% higher than the 5% rate deemed acceptable,” instead of saying, “I think Fred isn’t working hard enough.”

If you read my previous articles, you might recognize the common theme of the importance of clear policies. That is no coincidence; there is almost nothing more important for a company from the standpoint of employee relations and compliance with employment laws. If you need assistance evaluating your company’s policies, advice about structuring a program, or guidance through regulatory compliance, Luchansky Law has the expertise you need and responsiveness you want. Give me a call at 410.522.1020, or email me at alan@luchanskylaw.com to discuss how I can help.

How Luchansky Law Can Help

Luchansky Law advises employers on compliance, risk mitigation, and litigation strategy. Contact us to protect your business and navigate employment law challenges effectively.