Management “Hearsay”
July 27th, 2006I was working with a sharp young manager recently and he asked me a good question. One of his skips had done something that required some pretty simple, but important, feedback. (Remember, a skip is someone who reports to one of your directs - they are “two levels down.”)
He said, “I know we’ve got to address it, but who should do it? I mean, I kind of want to, but I wasn’t there, so if it comes from me, it’s hearsay.”
I have heard managers use that term before many times, to suggest that they weren’t there at the moment something occurred, and so they didn’t get involved, or didn’t pursue a situation, or give feedback, or take action in some form.
Because it would be “hearsay”.
“Hearsay” comes from the legal world (at least in the US). It is a rule of evidence ( I think), and it means that what someone says to someone else isn’t permissible somehow.
I’m not a lawyer…
…and as managers, neither are you.
Hearsay is NOT a prohibition for management action. Sometimes applying concepts from other professions is good, but sometimes not. If managers were to “first do no harm,” then nobody would ever get fired. (That line is a broad modern paraphrase of part of the medical doctor’s Hippocratic Oath, a truly lovely tradition). If managers had to fact check everything to ensure not just accuracy but truth - as journalists are asked to do - we’d rarely get anything done.
Just because you hear something from someone else doesn’t mean you shouldn’t act on it. Hearing something from someone else as a manager is NOT HEARSAY… it’s just hearing something from someone else.
I’ll tell you what’s worse than the fear of a hearsay backlash. Worse is your boss hearing that you knew that something happened (regardless of how you knew - bet she doesn’t care), and that you didn’t do anything, because of “hearsay”.
Because “asleep at the switch” is far worse an accusation than hearsay.
Oh, I know.
Some of you are going to suggest that I’m now going to go off half-cocked and pursue every rumor. No, I’m not. I’m going to consider the source, and if I think it’s credible, and believe some management action would be helpful, I’m going to act.
Hearsay be damned.
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July 28th, 2006 at 12:16 pm
That’s easy for you to say. I am a lawyer and a manager and its real hard to put the hearsay rule out of mind. I try real hard.
July 28th, 2006 at 12:19 pm
Hey, as long as you’re not in court, right?
Unless you use hearsay at home with your children to stop tattling, and unless you practice evidentiary rules, and Mirandize everyone before dispensing punishment, or invalidate agreements unless they’re in writing.
;-)))
Mark
July 28th, 2006 at 1:57 pm
Heh heh… I’d already been thinking about what a nightmare it’d be if we had to consider all the exceptions to hearsay as well - excited utterance, present sense, et al - and I’m not even an attorney! Eric has my sympathies…
And you get mirandized for custodial questioning, not punishment, but that’s just splitting hairs on a quiet Friday afternoon
G.
July 28th, 2006 at 3:26 pm
I had a judge tell me once there were 80 exceptions to the heresay rule (At least in TX–but then here we allow vice-presidents to shoot attorneys:-)
July 28th, 2006 at 6:29 pm
Gary-
Hey, you’re that picky, you’d make a good lawyer.
Have a great weekend!
Mark
July 28th, 2006 at 8:50 pm
Mark,
You are NOT the first to have said that…
You have a good weekend as well.
G
July 28th, 2006 at 8:52 pm
Glenn,
Want a headache? Read Texas Rules of Evidence 803 to 805…
http://www.courts.state.tx.us/publicinfo/TRE/tre-98.htm#RULE802
G