Performing Layoffs in a Humanistic Manner

1. Performing Layoffs in a Humanistic Manner UCSF May 2010 A Guide for Conducting the Employee Layoff Notice Meeting

2. Objectives At the end of this course, you will be able to: • Deliver layoff news in a humanistic way • Be able to answer questions and direct employees to the appropriate resources

3. Agenda • The Process (What to do) • Reasons for Layoff /Selection for Layoff • Notice Rights • Recall / Preferential Rehire Rights • Severance • Outplacement Services (PSS only) • Managers and Senior Professionals • The Humanistic Approach (How to do it)

4. Process – Reasons for Layoff (PSS and Represented) • Employees may be laid off due to: • Lack of funding • Lack of work • Reorganization

5. Process – Selection for Layoff (PSS and Represented) • Layoffs are affected in inverse order of seniority within a classification and layoff unit. • The University may retain an employee irrespective of seniority if the employee possesses special skills, knowledge, or abilities (SSKAs”) that are not possessed by other employees in the same classification and which are necessary to perform the ongoing functions of the department.

6. Process – Notice Rights (PSS and Represented) • Employees are entitled to 30 to 60 days notice of layoff depending on the applicable policy or contract. • The University may provide pay in lieu of some or all of the notice period.

7. Process – Recall Rights (PSS and Represented) • Recall: The right of an employee to return to University service to an active, vacant career position in the same classification and department at the same or lesser percentage of time as the position from which the employee was laid off. • Employees have the right to recall for a specified period of time from the date of layoff (e.g., 3 years for PSS, CX and SX employees).

8. Process – Preferential Rehire Rights (PSS and Represented) • Preferential Rehire: The right of en employee to be granted first consideration for active vacant career positions at UCSF provided that: • The position is in the same bargaining unit as the position from which the employee was laid off • The position is in a class with the same or lower salary range maximum as the class from which the employee was laid off • The position is at the same or lesser percentage of time as the position from which the employee was laid off • The employee is qualified for the position

9. Process – Preferential Rehire Rights -- continued (PSS and Represented) • An employee may exercise his or her rights to preferential rehire immediately after s/he receives written notification of layoff. • To active these rights, employees must contact the Preferential Rehire Coordinator (476-2689) and submit a current resume • Employees have preferential rehire rights for a specified period of time from the date of layoff.

10. Process -- Severance (PSS and Represented) • Under policy and most contracts, employees may elect to receive severance in lieu of recall/preferential rehire rights. • Employees are eligible to receive one week of salary for each full year of service from the most recent break in service up to a maximum of 16 weeks. • UPTE contracts allow employees with more than 5 years of University service to elect severance or reduced severance and recall / preferential rehire rights

11. Process -- Outplacement Transition Services (PSS only) • Vendor provides services to employees, including: • Individual consulting and training • Career planning • Resume preparation • Marketing plan development • Training in job search methods

12. Process – Managers and Senior Professionals (MSP) • MSP employees “may be terminated when, in management’s judgment, the needs or resources of a department … do not justify the continuation of an employee’s appointment.” • Policy makes no distinction between the termination or layoff of a MSP employee. • MSP employees who are terminated for reasons other than performance or conduct are entitled to a 60-day notice of termination.

13. Process – Managers and Senior Professionals (MSP) -- continued • MSP employees may respond to a notice of intent to terminate their appointment • MSP employees who are terminated for reasons other than performance or conduct may receive severance conditioned on the signing of a separation agreement and general release. • Employees are eligible to receive one month of salary for each full year of service from the most recent break in service up to a maximum of 6 months.

14. The Humanistic Approach • The Humanistic Approach fosters dignity and respect for all involved. • Let’s talk about how to convey the message in a humanistic way.

15. The Humanistic Approach –Objectives After this part of the training, you will: • Understand how the manner in which the layoff message is conveyed can help mitigate the negative impact on the employee • Know the key positive emotions to use when conducting a layoff -- those that are “humanistic” • Understand strategies to guide supervisors through delivering the “bad news” • Have a script to help you through the conversation

16. Humanism Concept: concern for other human beings; mindful of the needs, well-being, and interests of people • Humanism is demonstrated by using positive emotions (empathy, compassion) when delivering bad news such as layoffs. • Humanism is further demonstrated by an emotionally intelligent approach. • Humanism fosters dignity and respect for all involved.

17. Humanism – Examples of Empathy and Compassion • Ability to accurately reflect back to others the feelings they are experiencing • Recognizing, acknowledging, and validating their distress; being supportive • Staying calm and centered in the presence of the individual’s distress, so that you can “be there”

18. Humanism – Emotional Intelligence (EI) • Awareness of the impact our attitudes and behaviors have on others • Capacity for recognizing our own feelings and those of others Use your Emotional Intelligence when dealing with those you must lay off. Remaining employees will know how you treated laid off employees. Your behavior & attitude will contribute or detract from future trust levels within your work group.

19. Humanism – Emotional Reactions to Layoffs • Expect a range of emotions from employees as they are informed of layoff; this is both normal and understandable. • Emotions are not experienced linearly; they often overlap. • Allow for the appropriate expression of emotions by the employee.

20. Humanism – Common Reactions • Anxiety • Anger • Sadness • Attempt to negotiate • Resignation • Resentfulness • Low morale • Decreased productivity

21. Humanism – Preparing to deliver the news • It is OK if people cry; do not ask them to get control of themselves before continuing. Acknowledge the distress, but proceed with the news. • Acknowledge that part of your job is to deliver this news. This can diminish the feeling of a personal attack. • Control your own emotions. • Do not get defensive.

22. Humanism – Preparing to deliver the news -- continued • Pick a place where the meeting will be private and uninterrupted. • Contact HR to have the appropriate HR representative at the meeting. • Consult with the HR person ahead of time to prepare.

23. Humanism – Tips for the meeting • Use positive emotions • State that you understand that this must be very difficult; do not minimize the situation. Use your emotional intelligence. • Allow time for the employee to say how they feel. “Be there for them.” • Be grateful that you can make this transition process easier.

24. Humanism – Tips for the meeting -- continued • Remember to be empathic and compassionate. • Stay away from discussions that could confuse the primary message (i.e., This is not about performance or personal issues.) • Listen; document any potential problems • Allow time for the employee to say how they feel. • Keep your eyes on the same level as the employee’s and maintain a calm presence.

25. Welcome Humanism -- Reactions • If an individual expresses thoughts of harming self or others, or becomes intimidating or potentially threatening, contact UCPD at • 9-911 or • 476-1414 from a cell phone • Do not attempt to physically intervene. • Contact FSAP to consult regarding any individual in distress. • Encourage anyone who has emotional difficulty with this transition to make an appointment with FSAP for counseling (476-8279).

26. Welcome Humanism – Practice • Partner with somebody • Supervisor study script and tips • Employee read role • Practice • Switch roles

27. Welcome Questions?