Dear Joan:

I hold a Senior Management position as a Director at a Financial Institution. I work closely on projects with a Manager from another department and our teams work well together. Last week, I was approached by this Manager who appeared extremely upset and emotional. This Manager stated she had her weekly meeting with the COO/EVP and during the course of their meeting, the COO proceeded to expose confidential information pertaining to the elimination of not only my position but other positions within the organization that will occur after the first of the year. The COO also fabricated unsubstantiated performance issues to justify the elimination of these positions.

The Manager then went to HR and exposed what the COO disclosed to her. She requested the conversation be kept confidential in fear of retaliation from the COO. The VP of HR confirmed that the positions would be eliminated. The Manager is aware that what she did was unethical by telling me and she could potentially lose her job, however, she felt it was the right thing to do, based on our trusted working relationship, combined with the fact that she would want to know if she were in my shoes. I do not intend to expose the Manager and gave her my word that I would not.

Senior Management is aware that the COO has a known reputation for 'blabbing' everything from salary increases, early terminations, personal employee issues, including medical problems and family problems. Because of her reputation, I am confident she has told other people about these eliminated positions. In the past, she has exposed personal employee information to me that was damaging and unnecessary. This COO avoids confrontation at all costs but has no problem making destructive and harmful comments about subordinates. This is a known trait of the COO.

I am appalled at the lack of integrity and unprofessionalism of the COO/EVP. In my 16 years in the Financial Services industry my performance reviews have been more that favorable with promotions up to my current position.

The all-consuming anticipation of being dismissed is causing undue stress to the point where I can barely concentrate and I have daily headaches.

My question: Are there any grounds for a confidentiality breach and how do you propose I handle this without exposing the Manager that told me?

Thank you for any insight you can offer.



Answer:

The person who should be losing her job is the COO.

No doubt you are obsessed with the axe that is about to fallwho could blame you? Most disturbing is the unsubstantiated performance accusations. If the company is reorganizing or cutting costs, that is one thing, but allegedly lying to oust people is grounds for a fight.

While the following is not legal advice, generally, if the trumped-up performance accusations are used to support the elimination of your position and your termination, this fact may provide evidence toward showing a discriminatory elimination of your position and/or termination in certain circumstances, according to Daniel Finerty, an employment attorney with Krukowski & Costello, S.C. in Milwaukee. He adds, "In addition, the employer's ultimate defense - that the elimination and termination were carried out for one or more legitimate business reasons - may be called into question with what you have discovered.

If you really are going to lose your job, trying to negotiate to keep it is a mistake in my view. Under these circumstances how could you continue to work there? The best you can hope for is to get a fair parting agreement and you can use the COO's indiscretions to your advantage.

If you are certain that your performance record is solid, one approach is to do a preemptive strike, in the hopes that you can secure a good severance package and outplacement assistance, if you need it. You can also negotiate for a good reference and to say you resigned. Finerty agrees and adds, "The underlying facts may give rise to a claim for defamation against the COO for making statements with regard to your performance that are either false or made with reckless disregard as to the truth. While this claim depends upon your state law, rather than fight this one out, another option is to attempt to negotiate an agreed letter of reference and that any reference requests be directed to someone other than the COO.

If you wait until you are fired, you have less strategic advantage. By laying your dirty information on the table, they will realize you have ammunition against them and they may try to appease you to avoid a messy lawsuit.

Since the COO has a well-deserved reputation as an unethical, unprofessional gossip, you could approach your boss and say, "I have heard from multiple sources that my job is in jeopardy. I have also heard that a senior manager has been spreading falsehoods about my performance record and that the company plans to use those lies to justify the elimination of my position and my termination. You truly have heard this from "several sourcesyour friend and corroborated by the HR manager.

Honor your promise to protect the manager who shared this information. If you are pressed to reveal your "source simply say, "I've personally heard the COO's inappropriate and illegal gossip in the past. She has repeatedly exposed this company to risk by gossiping about employees' health records, performance, family situations, and potential terminations&it's no surprise that I've heard this from several sources. It will be abundantly clear that you have plenty of historical evidence to support your assertion.

That will send a shot over the bow. Your boss will likely scramble back to senior
executives who are planning this termination and let them know that you are not going to go gently into the night. Once they hear that you might come after them, they are likely to come up with a respectable package for you and other affected parties. It is also in your friend's best interests to avoid a lawsuit, since an investigation may expose her.

You should have an employment attorney review the situation with you as well as any severance proposal prior to signing it.

Who knows, maybe the flap that results will finally come back to bite the COO in the backsidewhere she should have been kicked a long time ago.



Joan Lloyd is an executive coach, management consultant, facilitator and professional trainer/speaker.  Email your question to Joan at info@joanlloyd.com.  Joan Lloyd & Associates, (800) 348-1944, Visit www.JoanLloyd.com Joan Lloyd & Associates, Inc.