HR MATTERS NEWSLETTER March 2026
Q: How should a practice handle employees who are speaking negatively in the office?
A: It’s tempting to implement a “good vibes only” rule, but proceed with caution. The first step is to assess the situation objectively. Determine whether the comments are general gossip, unprofessional conduct, or legally protected activity. Not all negative speech can—or should—be disciplined.
Under Section 7 of the National Labor Relations Act (NLRA), employees—even in non-union workplaces—have the right to engage in “protected concerted activity,” including discussing wages, hours, and working conditions. If the “negativity” involves employees collectively raising concerns about pay, scheduling, or supervision, a blanket “no complaining” policy could create risk with the National Labor Relations Board (NLRB).
That said, you do not have to tolerate a toxic or disruptive environment. You can and should take action when behavior crosses the line into:
- Harassment or Bullying: Slurs, personal insults, or intimidation.
- Insubordination: Open defiance of leadership or refusal to follow lawful directives.
- Workplace Disruption: Conduct that interferes with others’ ability to perform their work.
Rather than policing “attitude” (which is subjective), focus on conduct.
- Address the “What.” Meet privately with the employee, describe the specific behavior observed, explain its impact on the team, and reinforce expectations for respectful communication. For example: “Your comments during the meeting were disruptive and discouraged others from sharing ideas. We expect professional and respectful dialogue.”
- Identify the “Why.” Sometimes negativity signals burnout, frustration, or a breakdown in process. A one-on-one conversation—“I’ve noticed you seem frustrated lately; is there a hurdle I can help clear?”—can redirect the energy productively.
- Redirect the Channel. If the concerns are legitimate workplace issues, encourage the employee to raise them through appropriate channels (management or HR) rather than in a disruptive setting.
- Document and Follow Through. Document the conversation and expectations. If the behavior continues, apply your corrective action (e.g., verbal & written warnings, suspension, discharge) consistently.
The Bottom Line: You cannot legally ban complaining, but you can enforce standards of conduct. Focus on how concerns are expressed, when they are raised, and whether the conduct disrupts the workplace—not simply on the fact that employees are voicing concerns.