How to Manage an Employee Going Through a Divorce

The chances of one of your employees going through a divorce is high. It’s estimated that roughly 45% of all marriages in the U.S. come to and end. This leads to high levels of stress, eventually impacting an employee’s ability to work and affecting your business. Luckily, there are ways you can help manage this situation. 

Rely on HR

Dealing with the employee directly is a quick way to find yourself in a lawsuit. While you should still address their slipping performance, it’s vital to you rely on your human resources department if they tell you that a divorce is the reason. The same is true for other personal reasons, as well. 

HR’s role is to handle this situation in the most human way possible, allowing the employee to work through the situation. Make sure they are on board with this task by checking in periodically to ensure they’re doing the following:

• Using compassion, allowing the employee to express their emotions
• Actively listening without offering advice or making the employee feel their emotions are wrong
• Never responding with a negative reaction
• Never using pep-talks

HR can direct the employee to seek help, giving them information or resources to do so. Time off might be the remedy, which can fall under family and medical leave claims. While the family aspect is obvious, the need for therapy or counseling can sometimes constitute a medical reason for leave. 

What You Can Do

In the meantime, it’s still essential that you keep the business end of things running. If the employee’s performance continues to go downhill, offer gentle reminders. Don’t hammer them, get angry, or say something you mike regret. Just be kind and patient. 

It’s also important that gossip does not spread around the office. Keep this matter confidential, and create written warnings if you do hear that gossip is spreading. Talking behind the other employee’s back is only going to make the situation worse. 

Give the employee as much time as possible to bring their performance back up. If nothing improves after a while, then it’s time to have a serious talk with them. Inform the employee that they must boost their performance, even if it’s just a slight increase for now, or action will be taken against them. 

Make sure you breach the subject lightly, but with a firm tone to get your point across. Also, don’t demand perfection. As long as there are consistent improvements over time, you know that they are getting their work life back on track. 

The next step is a written warning, which must be given with compassion to avoid wrongful termination or discrimination lawsuits. Divorce for professionals is difficult, but their performance must improve and they should be taking HR’s recommendations. 

When Nothing Else Works

Sometimes, none of the above is enough. In these instances, it’s vital that you make sure divorce is not a protected characteristic in your state’s employment law. If it is, allow HR to coach you through termination. If not, do your best to broach this difficult decision in the kindest way possible.