The Dreaded Love Triangle Drama, Contract Issues, and Distracted Employees

Can I prohibit distracting technology during work hours?

Question: I have multiple employees who are constantly using their headphones during work hours. They’re still getting their work done, but I think it looks unprofessional and is an unnecessary distraction. Can I enforce a “no technology” policy to help curb this issue? 

The Legal Side: You’re well within your rights to set reasonable rules around technology use during work hours, and especially when they are not on break or lunch. Most workplaces do. But whether you can ban devices outright depends on what you’re banning and why. For example, a blanket “no cell phone” policy is considered too broad because it can cross into employee rights territory by over-regulating personal communications, including discussions of benefits, wages, and working conditions. On the other hand, limiting or prohibiting headphones is far less risky and is perfectly appropriate if it’s based on safety, customer interaction, or professionalism concerns.

The key is to provide a clear, custom policy that fits your workplace, that doesn’t break the federal rules governing communications between employees about working conditions. Generic, copy-paste policies can backfire since they often miss critical details or include language that puts you out of compliance. Make sure your policy explains what’s restricted, when exceptions apply (like breaks or emergencies), and how violations will be handled.

The Human Side: Before cracking down on earbuds, try a good old-fashioned conversation. Since this is an emerging, ongoing issue, start by explaining that this change is about professionalism and ensuring patients feel they are the focus of your attention at all times. Keep it light, not disciplinary. Most employees will understand once they know the reasoning. “I don’t care if you want to slip them on during a quick break or lunch, but when we are interacting with patients and one another, we need to give them and one another our full attention.”

If you decide to implement a new policy, roll it out to everyone at once and require them to sign and acknowledge it. That way, no one feels singled out. And if someone still tunes out (literally), you’ve got a clear path for follow-up. As always, make a note of the conversation. Software

Solution: backstageHR provides an easy two-step process to distribute a new policy and have all employees sign.  The feature in backstageHR is perfect for that.

If you are a CEDR member, your policies already address wearables, and you have full access to all backstageHR features.

When is it appropriate to use an employment agreement?

Question: I have a custom employee handbook that addresses the legal requirements in my state, plus general business policies. I want to start enforcing separate agreements to address rules specific to our business. If an employee violates an agreement, they receive a write-up. Can you all give guidance on writing agreements? Is this something I need a lawyer to do?

The Legal Side: The good news is, no,  you do not need a lawyer! 

We’ll be blunt: yes, there’s an issue with agreements when used as you propose. Your question pops up in our Solution Center (where all our members can submit questions, request help, and engage with a live HR expert). Employers get frustrated with having to correct people constantly, so it’s common for employers to think they need to create “agreements” that make something doubly clear: employees should not break the policy.

Fortunately, there is no need for separate agreements for policy enforcement. In fact, enforcing a separate agreement will likely do more harm than good. What you are looking for is a personalized corrective coaching for the employee that points back to the policy that would apply. It’s really that simple.

Here’s why: US employers, although subject to a litany of state and federal laws,  enjoy the unique protection of being able to create and enforce policies. If those policies are legal, employees can choose to comply or not, and, as a result, the employer can decide whether to take adverse action, including termination. 

There is absolutely no need for an agreement to be present. In fact, as vital as it is to have employees sign and acknowledge receiving a policy so that you can easily prove they are aware of it, even if they don’t sign, they are still subject to your policies. As HR Experts, we even go to great lengths to ensure they are not being asked to agree in a way that would imply a contract, so that you have great latitude to apply your policies broadly. And the best part is, you can implement a new policy or make changes to an existing policy unilaterally, without the other party’s consent. The policy premise is one of the essential building blocks of the foundation that supports at-will employment. Need a refresher on at-will employment?

An agreement forms a contract, subject to its terms, and contracts are appropriate only in limited circumstances for very specific reasons, typically to protect a practice’s financial interest or to lay out the terms of compensation for clinicians.

Remember when you signed that mortgage and your interest rate and payments were covered in one paragraph, and then the terms of the agreement constituted the following 200 pages? Are you capable of and plan to have every additional agreement cover the 50 different scenarios that may come up while trying to enforce it, or have the role you played as the employer challenged based entirely on what you put in the agreement? The answer is no.

Once you introduce a contract, you risk changing your at-will employment relationship, which may mean you lose some of your flexibility to end the relationship on your terms. And since a contract legally binds both parties, you may end up giving away some of the protections your handbook policies already provide. In short, those extra agreements will tie your hands more than they help and are entirely unnecessary.

The Human Side: Even setting aside the legal complications, we’d still steer clear. Why? Because no piece of paper can make someone follow the rules if they’re not inclined to. A contract won’t suddenly make a tardy employee show up on time. What will help is consistency and communication: a solid offer letter at hire, a compliant handbook with clear policies, and a fair, progressive corrective coaching process when employees miss the mark.

How do I address workplace drama?

Question: I’m dealing with a love triangle (of sorts). Two of my employees have dated the same person (not an employee), and their romantic issues are seeping into the office, with each saying negative things about the other. As you can imagine, this is not the kind of drama I want in my office. I want to send out a team memo as a reminder that gossiping and rumors won’t be tolerated. Any tips on what to include?

The Legal Side: As tempting as it might be to shut down gossip altogether, broadly banning or discouraging “gossip” can actually violate federal law. The National Labor Relations Act protects employees’ rights to discuss workplace conditions. “No gossip” policies have historically been interpreted as infringing on those rights. 

If you choose to issue a reminder, make sure it focuses on unprofessional behavior or disruptive conduct. For example, you can address the expectation that employees treat one another respectfully, avoid workplace disputes stemming from personal issues outside the office, and maintain professionalism at all times. Those are fair game.

The Human Side: Skip the team memo. Unless the rest of your team is causing the drama, this is a two-person problem, not a company-wide one. Handle it privately. Sit down with each employee separately, come prepared with specific examples of how what they are doing is impacting your operations, and focus your feedback on behavior and impact, not personalities.

You can say something like, “I’ve noticed that some personal conversations about things going on in your personal life are spilling into the workplace, and it’s starting to affect the team dynamic and productivity.” Then make it clear what you expect moving forward; All communication must stay professional, and the personal attacks must stop. 

If the problem continues, escalate to corrective coaching. And if it starts edging into harassment territory or other employees become more involved, reach out to an HR expert for support. It’s always better to get ahead of it before office romance turns into office liability.