Transparency is one of three words I consider key in the world of employment. The other two are “respect” and “documentation.” Notice I don’t include “fairness.” Being fair is inherently subjective. Fairness varies on your perspective, and your definition will differ greatly from that of your employees, or your kids, for that matter. Who hasn’t heard “but that isn’t FAIR” from our children? They don’t see the bigger picture you do. They don’t have the same context or information. They also don’t have the same power.
The same principle applies with employees. It may not feel like it on any given day, but you, as the employer, hold power over your employees. You control their ability to pay rent, buy food, pay their bills. You hold the key to their self-esteem, their ability to maneuver in the world. Losing one’s job has been equated with losing a loved one – it is that traumatic. This is why employees react so strongly when they feel that job is threatened.
That concept of “fairness” is not one the law directly recognizes. Even in California, nothing in the statutes or cases requires employers to be “fair,” and yet, most jurors, and even arbitrators, are guided by the principle. Again, so are your employees – and they will seek out an attorney if they believe they have not been treated fairly. But as we have discussed, that definition of fairness is point of view dependent.
There is another theme that underlies workplace transactions: nobody is the villain in their own story. They are either the hero or the victim. And because of this, they will deflect criticism and refuse to take accountability for any failings. And if you, as the employer, attempt to criticize their performance and make them “the bad guy,” they will respond by attempting to shift that narrative. That narrative also impacts the “fairness” storyline.
We may never be able to fully bridge the divide in our definitions of “fairness,” but one method helps, and that is, sharing information. Transparent communication. I took that approach to parenting as well as managing employees. I came of age in the world of “because I said so,” but that does not work as well with today’s kids or employees. Millennials were the first generation to value information sometimes more than money, but employees of all ages have adopted this mindset. Employees assume that your lack of candor signifies some nefarious motivation for your conduct. If you had good reasons for your action, why wouldn’t you just tell them?
I ask the same question. I know that employers don’t hire employees simply to turn around and arbitrarily fire them. Or demote them. Or move them to another role or shift. When you all call me to discuss these difficult employees, I ask you – why do you want to take this action? And then I ask the follow-up – have you told this employee what you just told me?
If we have any shot at changing our employees’ subjective view of what is fair, and why you are taking this action, we need to share our information with them. We can’t change the power dynamic. But we can at least try to provide our perspective. And while you may not be able to change someone’s perception of themselves, you can control YOUR narrative. And filling in the gaps with information helps quell confusion and anger, the two emotions which most assuredly drive lawsuits. They also tank employee morale.
What are the barriers to transparency and open communication with our employees? Why aren’t we more forthcoming with information? Well, sometimes, we ourselves don’t know enough to share. The company may be involved in bigger picture issues that are still in process – mergers, negotiations with landlords, reorganizations. All those are fair reasons to temporarily withhold information. But even then, I believe in sharing when possible and providing context for the delay.
Sometimes we ourselves haven’t made the right decision. Maybe we hired for the wrong position or promoted someone too quickly. We are human and can make mistakes. Again, I still like coming clean and explaining the situation. Sometimes the full context can involve private details about others that this employee can’t be told. And yet, there are still respectful ways to communicate the bigger picture.
In general, here are the various steps I like to encourage for most employees. If we are transparent with our employees at the beginning, it makes it easier to take any necessary action later.
(1) Make clear your expectations, from the start. Including job descriptions with applications, offer letters, or in onboarding packages can help set the tone. Review yours and make sure they are current and include goals, objectives, and physical requirements. And if these change, which they often do, address those changes in real time. Workplaces, especially in 2026, are fluid.
(2) Next, hold employees accountable when they fail to meet your expectations. And do it from the start. If an employee is not performing early on, meet with them to discuss the issues. Communicate early and as often as needed.
(3) And here is the key. DOCUMENT! As the kids say, if there is no photo, it didn’t happen. If you do not document these performance issues, and any discussions surrounding them, it’s as if they did not occur. This is especially true in our AI driven world when employees document everything. So do we.
And if you have to part ways with an employee, tell them why. You have a reason. Explain it. Give it context. And then, confirm the reasons for termination in writing. I know I have spoken about this issue in prior Briefings, but it bears repeating. Other than the arbitration agreement, this termination letter may be the most important document you can create. Even if you cannot alter an employee’s perception of fairness with all that transparency, you may impact the opinion of an attorney considering this employee’s representation, or a government agency, or God forbid, a decision maker like a judge or arbitrator.
But I am here to tell you – being transparent will go a long way toward never having to deal with a judge, jury, or arbitrator. Or even an attorney. Besides me. But I’m on your side.
