Articles

The Apprentice Brings Clarity To Workplace

Phillip J. Trobaugh
(email)
Mansfield, Tanick & Cohen, P.A.
1700 U. S. Bank Plaza South
Minneapolis, MN 55402
Tel: 800-401-6194
FAX: 612.339.3161

Americans grew addicted to "The Apprentice," NBC's reality show that is storming back for a second season this month. But why? Is it really to watch Donald Trump's lifestyle, which seems even more cartoonish up close? No, it's the ending, stupid.

The procedure has changed, too. In the past, if you were doing a good or bad job, the boss told you. Maybe you had a bonus or raise given. But now, raises and bonuses are almost always expected on a yearly basis. And, instead of being direct with an employee, many companies engage in annual performance reviews. In more than 12 years of practicing employment law, I have yet to see the same review format twice. Sometimes a meeting is held, but often the communication between employer and employee represents people who speak foreign languages attempting to communicate with each other; and it's all lost in the translation. Often it takes two and sometimes three bad annual performance reviews before the employee is "let go."

As in last season, each show ends the same way, with teams of hopeful executive-wannabes ushered into a dark, wood-paneled boardroom, with Trump presiding in a kingly fashion. After some questioning, Trump dismisses one team member with a blunt, "You're fired." The disgraced individual, with suitcase already packed, is shown riding alone in an elevator and then in a car, presumably going back to whatever backwater he or she originated from.

This used to be the way Americans were let go, by and large, white- or blue-collar: quickly, clearly and with no route to appeal. However, as the workplace became more professional, and more laws were enacted to protect the non-unionized work setting, this has changed greatly in the last quarter-century.

Today's workforce is used to anything but the pointed "You're fired." Instead, we have a mish-mash of vague terms and tortuous explanations that are frustrating for both employer and employee: downsizing, rightsizing, "it's just not a good fit" and "changing It is rarely misunderstood. It is quick. It is final. For a business, this often translates in little overall disruption to the organization. The company can be free to fill the gap left economic climate" are just a few common terms.

Companies say they're afraid if they say the wrong thing, they will get sued for discrimination or harassment or defamation.

Employees feel as if some hidden gauge of performance is being used against them, and are powerless to respond to performance deficiencies they did not know existed. Workplace communication is beginning to take on the complexity of a Viennese waltz. The employer often hopes the poorly performing employee gets the hint and resigns on his or her own. The employee tries to redouble efforts to maintain a career that is in some kind of limbo. It's a game of chicken that can make anyone a little cuckoo.

So, it's not surprising that Americans hunger for the firm and clear direction it receives weekly from Trump. Fail at a project? Adios, amigo. Decide to take a long lunch rather than pursue a client, like Omarosa did last season, and you'll be pushed off the gangplank. Trump does not suffer fools gladly. While telling someone point-blank that he's fired seems unduly hurtful, it's the pain that keeps the audience coming back for more.

There are definite advantages to Trump's style.by the departed employee. But, this is a climate in which being "fired" is tantamount to many people with being accused of a corporate crime or misdeed. Trump's style works for him and his organization, but given how differently business is conducted in other workplaces, would not work as a blanket answer for improving communications.

It's easy to see why "The Apprentice" is appealing. Trump lets us know where we stand, and that can be very refreshing in today's workplace. We all dread having the words "You're fired" barked at us, but when it's on television, it really represents a direct and clear channel of communication with the top decision-maker, a rarity in any work setting.

Phillip J. Trobaugh is a shareholder with Mansfield, Tanick & Cohen in Minneapolis, and has practiced employment law for both employers and employees for more than 12 years.