Recording Conversations During Exit Interviews: Legal Considerations
Is it legally right to record the conversation when we are conducting an exit interview? They are trying to implement this just to ensure the organization is on the safer side. We are reforming our process, and this is one of the key things that Management would like to implement.
Kindly confirm if this could be adhered to and also let me know if this has happened with any organization you have heard of. Based on your opinion, I would like to raise my views from an HR point of view. I need your valuable suggestions. Please respond ASAP.
Regards,
From India, Tiruchchirappalli
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57Is it legally right to record the conversation when we are conducting an exit interview? They are trying to implement this just to ensure the organization is on the safer side. We are reforming our process, and this is one of the key things that Management would like to implement.
Kindly confirm if this could be adhered to and also let me know if this has happened with any organization you have heard of. Based on your opinion, I would like to raise my views from an HR point of view. I need your valuable suggestions. Please respond ASAP.
Regards,
From India, Tiruchchirappalli
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Challenges in Obtaining Honest Employee Feedback
A couple of things from my experience: Employees often hesitate to give honest feedback for several reasons:
- Why spoil relations now when I am leaving the company? My dues and experience certificate are with the company. If I give feedback, then I might not get them.
- If I want to join again, my relations would be spoiled.
- If I give honest feedback, then when a background check is done, the company employees might spoil my chances.
Do you think employees will give feedback?
Concerns About Recording Conversations
Now you want to record the conversation. Why? Have you informed the employees? For the reasons mentioned above, they would be more scared.
Alternative Approach: Third-Party Feedback Collection
The better way I found was to appoint a third party for feedback. The exit interview was conducted outside the company office. The employees were given a copy of the feedback mentioned. Even after this precaution, I got honest feedback in 40% of cases.
If you want to listen to employees, there are many websites where employees share their experiences.
Regards,
From India, Mumbai
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A couple of things from my experience: Employees often hesitate to give honest feedback for several reasons:
- Why spoil relations now when I am leaving the company? My dues and experience certificate are with the company. If I give feedback, then I might not get them.
- If I want to join again, my relations would be spoiled.
- If I give honest feedback, then when a background check is done, the company employees might spoil my chances.
Do you think employees will give feedback?
Concerns About Recording Conversations
Now you want to record the conversation. Why? Have you informed the employees? For the reasons mentioned above, they would be more scared.
Alternative Approach: Third-Party Feedback Collection
The better way I found was to appoint a third party for feedback. The exit interview was conducted outside the company office. The employees were given a copy of the feedback mentioned. Even after this precaution, I got honest feedback in 40% of cases.
If you want to listen to employees, there are many websites where employees share their experiences.
Regards,
From India, Mumbai
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Yes, it's right to record the conversation of all exit interviews for better implementation within the organization. If you (HR) conduct the exit interviews, only that particular person comes to know if there are any issues about management, the team, or the project manager. If it's recorded, it will be easier to convey the same information to your management as well.
In our organization, we have prepared some questions for the exit interview and have the candidates fill out a form to better understand their views. This information is then circulated to higher authorities.
I hope I am right to add a thread to your query.
Regards
From India, Bangalore
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In our organization, we have prepared some questions for the exit interview and have the candidates fill out a form to better understand their views. This information is then circulated to higher authorities.
I hope I am right to add a thread to your query.
Regards
From India, Bangalore
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Is It Legally Right to Record a Conversation?
There is no legal right or wrong as long as you inform the person that you are recording the conversation, and they confirm that they are happy to proceed. However, there are dangers associated with analyzing the playback because of what can be inferred in any interpretation of answers, which can, therefore, be misleading. It is far better to record the exit interview in writing and then get the person to sign off as confirmation that the record is true.
It is also important that the person is made aware that the purpose of an exit interview is to better understand their reasons for leaving in an effort to improve the business, and that there will be no repercussions.
I hope the above helps.
Regards,
Harsh
From United Kingdom, Barrow
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There is no legal right or wrong as long as you inform the person that you are recording the conversation, and they confirm that they are happy to proceed. However, there are dangers associated with analyzing the playback because of what can be inferred in any interpretation of answers, which can, therefore, be misleading. It is far better to record the exit interview in writing and then get the person to sign off as confirmation that the record is true.
It is also important that the person is made aware that the purpose of an exit interview is to better understand their reasons for leaving in an effort to improve the business, and that there will be no repercussions.
I hope the above helps.
Regards,
Harsh
From United Kingdom, Barrow
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I appreciate the point addressed by Harsh Shukla. There is a difference between a statement made in a meeting and in a one-to-one meeting. A one-to-one confidential discussion is considered "privileged communication" under the law. A person's right to privacy should not be infringed upon by recording a conversation surreptitiously. If one intends to record a conversation, then the person should be informed, and only upon their consent should recording be done.
Warm regards.
From India, Delhi
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Warm regards.
From India, Delhi
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As far as I know, there does not seem to be any legal view on recording exit interviews or any interaction with employees as long as the record is not to be used as evidence. However, as a matter of fair procedure, it is necessary to inform the employee in advance, and their clear consent should also be recorded.
One or a few exit interviews may not reflect the actual views of the outgoing employees. But, if over a period of time, you collect a sufficient number of samples and subject them to psychological and sociological analytical tools, you can surely better understand the situation. What I can suggest is this:
1. Design a questionnaire to capture employees' views.
2. Design a questionnaire to capture the views of the next two immediate supervisors.
3. Compare all these with:
a. Previous annual appraisals of the employee.
b. Reasons mentioned for leaving in his/her resignation letter.
4. If possible (which may not happen in most cases), even the top management could record their views.
Over a period of time, a fairly clear picture will emerge.
Regards,
Ganesh
From India, Bangalore
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One or a few exit interviews may not reflect the actual views of the outgoing employees. But, if over a period of time, you collect a sufficient number of samples and subject them to psychological and sociological analytical tools, you can surely better understand the situation. What I can suggest is this:
1. Design a questionnaire to capture employees' views.
2. Design a questionnaire to capture the views of the next two immediate supervisors.
3. Compare all these with:
a. Previous annual appraisals of the employee.
b. Reasons mentioned for leaving in his/her resignation letter.
4. If possible (which may not happen in most cases), even the top management could record their views.
Over a period of time, a fairly clear picture will emerge.
Regards,
Ganesh
From India, Bangalore
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The original question by CITIZEN 1502 - Trichy based, R. Mohana Sundaram, H.R Manager, was whether it's legal to record an "Exit Interview."
My attempt here may not refer to this aspect at all as I attempt to sketch a picture that is more of a preventive nature. Here it goes...
Do You Really Know Why Your Employees Are Leaving?
Generally, HR professionals open an exit interview by asking, “Why are you leaving?” While useful to a point, HR could be asking a far more revealing question: “What made you start looking for another job in the first place?” says Sharlyn Lauby in her article, The Real Reason for Exit Interviews. She also suggests that the exit interview be conducted a couple of weeks after the person has left. To quote her, "I'm an advocate for waiting not only until after a person leaves but even giving them a couple of weeks. In my experience, time allows employees to gain perspective. I've seen many situations where departing employees were upset with the company or their manager. A couple of weeks later, they still aren't happy, but they're able to talk about it with less emotion. They're able to offer some constructive criticism."
This actually sounds good if this can be practiced.
Exit Interviews Are an Extremely Important and Useful Tool for Managers
In a value-based, progressive-minded company, the beauty of exit interviews is that there are no negative consequences to being candid. For most employees, they are still emotionally vested in the organization even though they are leaving. The exit interview gives them an opportunity to share what they liked, what they didn't like, and what the company can do better. Not only does it feel good to get this off their chest, but it also helps the company that has paid their paycheck for the last few years and their friends they are leaving behind. These days, the information doesn't just sit on an HR generalist's desk. The information is aggregated with other employees who left to give HR insights, which gets escalated to senior management to understand what policies and initiatives they should work on to make the company even better.
Proper exit interviews are an excellent opportunity to learn about both the strengths and weaknesses of the manager and the organization, to help understand how best to satisfy and retain employees. Managers know they should do exit interviews, but so often when someone resigns, they are focused on finding a replacement and figuring out a transition strategy with their team, while also managing their busy workloads. This makes connecting with HR to have an exit interview completed before they leave a last priority. Once that person walks out the door, managers believe that they've missed their opportunity; in fact, it is actually more beneficial to do an exit interview after some time has passed.
Having said this, I just want to quickly add that exit interviews in most places are seen as a mostly meaningless ritual. Career experts advise departing workers not to say anything too charged, and by the time they've sat down to explain reasons for leaving, employees are largely out the door. Employees who sever connections from such companies hardly give any worthwhile feedback because they not only want to secure themselves in the next job (background check) but also do not want to burn their bridges.
Andy Teach, a Corporate Veteran and Author of From Graduation to Corporation: The Practical Guide to Climbing the Corporate Ladder One Rung at a Time
Andy Teach falls somewhere in between. “I think it's important to be honest but don't be too honest,” he warns. You want the HR department to know the positives and negatives of your experiences with the hope that they will listen to you and take action when necessary. However, if you're too honest and you are overly critical of an important executive or of the company itself, you could hurt your reputation within that company and could jeopardize your chances of getting a reference from them. “This is unfortunate, but I'm sure that it happens. I think there are ways to be honest and get across your point if you preface your negative comments with positive ones about your experience with the company,” he says.
Exit interviews come mainly from the Western management models, whereas it's virtually non-existent in the Japanese management model, for they believe that all companies are value-based, and they take pride in all that they produce. For them, "Made in Japan" holds more than anything else. In most manufacturing companies, in such scenarios, if you are in a job once, you are in it for life. They are the pioneers of QC Circles and also the TQM concept, which addresses most pain issues openly, and they have fewer emergencies to handle. It is practiced as a culture. The manager is the organizational culture and the most powerful person in an employee's work life. Employees do not leave organizations they work for; they leave the manager they report to. Research clearly shows that manager behavior is a key predictor of the bottom line of an organization. Managers directly have an impact on employee commitment, prescription drug use, stress leave, absenteeism, job satisfaction, and therefore client satisfaction and retention. The manager plays a key role in the success of an organization because of their capability to harness the skills, experience, and abilities of their staff. A supportive manager who recognizes the value of, and is able to capitalize on, their employees to create the solution to team and organizational challenges is priceless.
In conclusion, I would submit that if all said above is true, then it would be well-advised to have "Stay Interviews" to get a pulse and a feel of things happening. Issues get surfaced in the open without any fear, and when they are heard, the ones who speak out get a feeling of having improved the situation or process. When acts like these get encouraged, more and more become open to making their contributions too. It becomes a really good participative management style of functioning, which is more productive too in the long run. It then becomes "Our Company" from "Your Company."
Regards.
From India, Hyderabad
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My attempt here may not refer to this aspect at all as I attempt to sketch a picture that is more of a preventive nature. Here it goes...
Do You Really Know Why Your Employees Are Leaving?
Generally, HR professionals open an exit interview by asking, “Why are you leaving?” While useful to a point, HR could be asking a far more revealing question: “What made you start looking for another job in the first place?” says Sharlyn Lauby in her article, The Real Reason for Exit Interviews. She also suggests that the exit interview be conducted a couple of weeks after the person has left. To quote her, "I'm an advocate for waiting not only until after a person leaves but even giving them a couple of weeks. In my experience, time allows employees to gain perspective. I've seen many situations where departing employees were upset with the company or their manager. A couple of weeks later, they still aren't happy, but they're able to talk about it with less emotion. They're able to offer some constructive criticism."
This actually sounds good if this can be practiced.
Exit Interviews Are an Extremely Important and Useful Tool for Managers
In a value-based, progressive-minded company, the beauty of exit interviews is that there are no negative consequences to being candid. For most employees, they are still emotionally vested in the organization even though they are leaving. The exit interview gives them an opportunity to share what they liked, what they didn't like, and what the company can do better. Not only does it feel good to get this off their chest, but it also helps the company that has paid their paycheck for the last few years and their friends they are leaving behind. These days, the information doesn't just sit on an HR generalist's desk. The information is aggregated with other employees who left to give HR insights, which gets escalated to senior management to understand what policies and initiatives they should work on to make the company even better.
Proper exit interviews are an excellent opportunity to learn about both the strengths and weaknesses of the manager and the organization, to help understand how best to satisfy and retain employees. Managers know they should do exit interviews, but so often when someone resigns, they are focused on finding a replacement and figuring out a transition strategy with their team, while also managing their busy workloads. This makes connecting with HR to have an exit interview completed before they leave a last priority. Once that person walks out the door, managers believe that they've missed their opportunity; in fact, it is actually more beneficial to do an exit interview after some time has passed.
Having said this, I just want to quickly add that exit interviews in most places are seen as a mostly meaningless ritual. Career experts advise departing workers not to say anything too charged, and by the time they've sat down to explain reasons for leaving, employees are largely out the door. Employees who sever connections from such companies hardly give any worthwhile feedback because they not only want to secure themselves in the next job (background check) but also do not want to burn their bridges.
Andy Teach, a Corporate Veteran and Author of From Graduation to Corporation: The Practical Guide to Climbing the Corporate Ladder One Rung at a Time
Andy Teach falls somewhere in between. “I think it's important to be honest but don't be too honest,” he warns. You want the HR department to know the positives and negatives of your experiences with the hope that they will listen to you and take action when necessary. However, if you're too honest and you are overly critical of an important executive or of the company itself, you could hurt your reputation within that company and could jeopardize your chances of getting a reference from them. “This is unfortunate, but I'm sure that it happens. I think there are ways to be honest and get across your point if you preface your negative comments with positive ones about your experience with the company,” he says.
Exit interviews come mainly from the Western management models, whereas it's virtually non-existent in the Japanese management model, for they believe that all companies are value-based, and they take pride in all that they produce. For them, "Made in Japan" holds more than anything else. In most manufacturing companies, in such scenarios, if you are in a job once, you are in it for life. They are the pioneers of QC Circles and also the TQM concept, which addresses most pain issues openly, and they have fewer emergencies to handle. It is practiced as a culture. The manager is the organizational culture and the most powerful person in an employee's work life. Employees do not leave organizations they work for; they leave the manager they report to. Research clearly shows that manager behavior is a key predictor of the bottom line of an organization. Managers directly have an impact on employee commitment, prescription drug use, stress leave, absenteeism, job satisfaction, and therefore client satisfaction and retention. The manager plays a key role in the success of an organization because of their capability to harness the skills, experience, and abilities of their staff. A supportive manager who recognizes the value of, and is able to capitalize on, their employees to create the solution to team and organizational challenges is priceless.
In conclusion, I would submit that if all said above is true, then it would be well-advised to have "Stay Interviews" to get a pulse and a feel of things happening. Issues get surfaced in the open without any fear, and when they are heard, the ones who speak out get a feeling of having improved the situation or process. When acts like these get encouraged, more and more become open to making their contributions too. It becomes a really good participative management style of functioning, which is more productive too in the long run. It then becomes "Our Company" from "Your Company."
Regards.
From India, Hyderabad
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