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Work Environmnet Forces HR to Breach Confidentiality
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Work Environmnet Forces HR to Breach Confidentiality
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Does this seem right? I am new to a company a Fortune 100 insurance company in Boston. HR employees that are not in management roles sit in cubes amongst the employees they support and even share prin
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Work Environmnet Forces HR to Breach Confidentiality

posted at 2/17/2010 2:04 PM EST
Posts: 2
First: 2/17/2010
Last: 2/18/2010
Does this seem right? I am new to a company a Fortune 100 insurance company in Boston. HR employees that are not in management roles sit in cubes amongst the employees they support and even share printers, fax machines, file space, etc. Often confidential conversations (via the phone or face-to-face) take place out in the open within earshot of others. I am forced to violate confidentiality each day. How can I provide advice to both employees and managers and respect their privacy? Conference rooms are not an option they are hard to get and are charged back to the department. Any advice?

Work Environmnet Forces HR to Breach Confidentiality

posted at 2/17/2010 2:31 PM EST
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
Actually there isn't that much that requires confidentiality based on federal laws -- the only one I can think of off the top of my head is ADA information and HIPAA information if you have access to that...but most employers don't fall under HIPAA unless they are dealing with insurance claims information or are in the healthcare field (such as a doctor's office, hospital etc).

Other than that, confidentiality is up to company policy. Obviously this company's policy is that the type of confidentiality which you wish is not needed. All you can do is to make your management aware of the issue and if you have an employee/manager that wants to keep something confidential to let them know that isn't in your purview to do so. Either that or rent the conference room!

I have never ever promised an employee confidentiality in any matter brought to my attention (and I have an office with a door!). I try to keep issues as private as possible, but most of the time it is impossible to keep issues just to myself if the employee wants any resolution.

Even in our Sexual Harassment Policy, we don't promise confidentiality. There's just no way to investigate accurately if you do.

Others may disagree but HR is not a place for employees to go and vent/tell secrets etc if they don't want to be part of the solution. And in almost 4 1/2 years with the same company (with an office door), I think it has needed to be closed less than a handfull of times.

Work Environmnet Forces HR to Breach Confidentiality

posted at 2/17/2010 4:22 PM EST
Posts: 1103
First: 3/16/2007
Last: 8/19/2011
I support rruperts response without reservation. I've been leading HR in organizations from Fortune 100 to privately held for over 30 years. The argument that HR must have all of these confidentiality protections is mostly without substance.

Work Environmnet Forces HR to Breach Confidentiality

posted at 2/18/2010 3:30 AM EST
Posts: 2
First: 2/17/2010
Last: 2/18/2010
To clarify, I agree when a manager or employee brings an issue forth, I canât and never would promise confidentiality. I try to keep matters as confidential as possible and only involve the appropriate parties to get to a resolution.

What I have a hard time accepting is that the work environment causes others to overhear issues I am working on and hear details they have no business knowing. Should an employee I sit next to know that their colleague in a different office is on performance management? I understand what is legally required, but there is also the issue of what is right.

Work Environmnet Forces HR to Breach Confidentiality

posted at 2/18/2010 4:01 AM EST
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
It's not an issue of "right". If you think there is a problem, bring it to management's attention, but just realize they probably already know that this exists and have made the decision to put these HR in cubicles in the midst of their colleagues. They obviously don't think it is "wrong". And being a new employee, you might be creating waves that could cause a career limiting move.

One suggestion on dealing with the situation as you have it would be to watch the use of employee names while on the phone. Instead use pronouns such as you, he, she, etc. Also consider communicating through email instead when you can. That also will give you a papertrail which could be helpful in the future. Also ask managers and employees to notify you when sending a fax since the machine is shared with others....you also might look into efax through email. We use it and it works well. I like it better than the old-fashioned machine because the faxes come in as PDFs.

Work Environmnet Forces HR to Breach Confidentiality

posted at 2/18/2010 4:01 AM EST
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
It's not an issue of "right". If you think there is a problem, bring it to management's attention, but just realize they probably already know that this exists and have made the decision to put these HR in cubicles in the midst of their colleagues. They obviously don't think it is "wrong". And being a new employee, you might be creating waves that could cause a career limiting move.

One suggestion on dealing with the situation as you have it would be to watch the use of employee names while on the phone. Instead use pronouns such as you, he, she, etc. Also consider communicating through email instead when you can. That also will give you a papertrail which could be helpful in the future. Also ask managers and employees to notify you when sending a fax since the machine is shared with others....you also might look into efax through email. We use it and it works well. I like it better than the old-fashioned machine because the faxes come in as PDFs.

Work Environmnet Forces HR to Breach Confidentiality

posted at 2/18/2010 4:03 AM EST
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
Sorry that posted in duplicate prior to me finishing! Wonder if Workforce is trying to tell me something LOL.

But as much as you can, be part of the solution. Think outside of the box on how you CAN make the cubicle work for HR employees. You will win more kudos that way than deciding it is "wrong" and complaining.

Work Environmnet Forces HR to Breach Confidentiality

posted at 2/18/2010 4:31 AM EST
Posts: 1103
First: 3/16/2007
Last: 8/19/2011
Let me correct a typo in my response. That is Fortune 1000, not Fortune 100.

Anyway.

Ask yourself this question. Is the issue over your perception of privacy and eavesdropping the hill you want to die on? Is the issue so big that you are willing to sacrifice everything about your position to over come the concern? If not then there are, as my redundant friend rrupert states, workarounds. The e-mail fax is an incredibly good idea, inexpensive and one that I have had my HR people use for years. We have never had a "lost fax" because of it and the confidentiality of it is obvious.

You may be surprised to learn that those around you have other things to do than to eavesdrop on your conversations. I would not be surprised to learn that they can't hear what you are saying unless they are intentionally listening. "Those people" are easily addressed.

There are always other ways of doing things. Setting ego and personal preference aside the only thing that makes one idea better than another is practicality.

Work Environmnet Forces HR to Breach Confidentiality

posted at 2/23/2010 2:39 PM EST
Posts: 17
First: 9/27/2005
Last: 7/10/2011
I like some of rrupert suggestions in the second part of his answer. It takes getting used to how much is overheard and when in that environment, but it's always a good idea to get stuff sent privately and to avoid using names on the phone even if you have an office with a door. In the latter case, most of the time the door should be open if you're going to be effective in HR and it's amazing how often you speak on the phone only to look up and realize someone (often related to what you've been talking about) is leaning against the door jam overhearing everything anyway.

But, you're also right that a sense of confidentiality of the immediate conversation is a key factor in getting people to feel comfortable and open up. You may have to explain you can't keep stuff confidential and solve the problem; that's common as others have noted, but to get them talking openly they have to believe it's confidential until you have to do something, not overheard by whomever standing around. So you need to develop spots you can 'step away to' for a private word with people. I don't suggest the washroom - if nothing else it limits gender and it's often a place where stuff is overheard anyway - but a stairwell, even a quiet hallway where you can see people coming and change the subject - or go for a short walk outside, or off to lunch (away from the usual places people go) or... imagination is helpful. If it has to be a long conversation then lunch or something like that is probably necessary. Most of us can afford something inexpensive even if we normally brown bag it. Or maybe a manager will loan an office if that isn't giving the secret away... etc.

Work Environmnet Forces HR to Breach Confidentiality

posted at 3/4/2010 10:44 AM EST
Posts: 544
First: 9/27/2004
Last: 9/13/2011
I think you can ask how they manage issues of confidentiality without insinuating they are doing something "wrong."

Tell them you have never worked in such an open environment before so you are wondering what precautions you should take with confidential material and conversations.
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