The recent TikTok phenomenon dubbed ‘quiet quitting’ isn’t anything new. Ask any manager, HR professional or employment lawyer who has had to deal with all levels of employee behavior and they can point out those employees who, for whatever reason, go above and beyond what’s expected of them or what’s written down on the job duties provided in their initial interview. They also know the workers who do just what they need to do to stay employed and who see work as just work; which can be expected in the evolving, post-pandemic employment arena that has made work-life balance more of a consideration.
As it’s been said, it takes all kinds, and all kinds of workers are encountered in each enterprise.
The recently trending hashtag of #quietquitting, complete with manager-employee reenactments and how-to tips, however, glorifies the slackeresque activity of high-performing employees who have not been rewarded for their work, and fed up with the environment, have shifted to doing the bare minimum to stay employed. With this social media trend now making its way to the C-suite, the manager’s office, and the HR department, many workplace professionals are left in a panic, wondering first who the quiet quitters are in their office, and after that, and perhaps more importantly, how can they manage or even prevent quiet quitting in the areas for which they are responsible.
A portion of managing quiet quitting comes down to the promotion, recognition and employee engagement programs of a company or an office. there is also a framework that sets expectations and not only limits the management concerns of high-performing employees doing less than their best, but also manages employment law issues that relate to hiring, termination, and accommodation for medical conditions. That framework is found in a well-written job description. Job descriptions lay out what is expected of an employee, whether at the time of hire, or as the position evolves and the job description changes slightly. Job descriptions also address many nuances of employment law.
For those managers looking to establish the duties of each position, a clearly written job description laying out the daily expectations and the parameters of employment sets measurable and attainable goals. Additionally, job descriptions for salaried positions can delineate whether the duties will require more than a standard 40-hour workweek from the employee, when those are likely to occur and what may trigger them. These described duties are all important with prospective employees considering work-life balance. Further, a sufficient job description allows managers, HR professionals and employment lawyers the ability to compare employee documentation – both positive and negative – against established expectations, for promotion and merit increases in pay, or for fending off an employment claim. Finally, a well-written job description helps prevent the long-running, but only recently tagged trend of quiet quitting, by giving managers the power to push the boundaries of what’s expected and add an element of a high-performing work culture into the black-and-white of a position.
A job description also sets out the essential functions of the position for review in the case of accommodation for an employee’s medical conditions under the Americans with Disabilities Act (ADA). Those functions may be activities such as standing, walking, sitting, working in small spaces in a crouched position, extended viewing of screens or other more specific duties that occur on one of four traditional levels: rarely, seldom, frequently, and always. Through the interactive process, which often consists of a discussion between HR and the employee along with the consideration of a doctor’s note and diagnoses, the parties can determine if an employee is capable of performing the essential functions with or without an accommodation for a condition, and how often such an accommodation is needed based on a physician’s recommendation. The description can also help establish when such accommodations would be unduly burdensome for an employer, and whether other options, such as temporary alternative duty, short-term leave or long-term leave, are more practical in a given situation. For these more traditional purposes, clear job descriptions laying out the essential functions of the position and their frequency have been invaluable in assessing accommodations required by law, and in getting discrimination claims dismissed when those accommodations have been consistently applied and documented.
Whether for the purposes of addressing quiet quitting or more traditional employment law concerns, its time to revisit job descriptions and address the changing workplace and what’s expected of employees and employers. A well-written job description, with defined duties and essential functions of the position, will establish a solid foundation on which a high performing work culture can be built, and employee engagement can be fostered.
If your company is looking to establish a set of job descriptions or update them to benefit your employees and foster a high performing workplace culture, contact the Fryberger law firm’s employment law attorneys at 800-496-6789 or 218-722-0861.
Nick Simonson is an employment law attorney with the Fryberger Law firm and has been practicing in the realms of business and employment law for nearly two decades.
