managing difficult employees

Managing Difficult Employees Joni Johnston President and CEO WorkRelationships.com 1940 Seaview Avenue Del Mar, CA 92014 858-481-8625 www.workrelationships.com State Bar of Texas Advanced Employment Law Course January 24-25, 2002- Houston Chapter 15 Joni E. Johnston, Psy.D. 858-481-8625 www.workrelationships.com PROFESSIONAL EXPERIENCE President and CEO, WorkRelationships.com Clinical Psychologist - private practice Adjunct Professor -- The University of Texas at Dallas Associate Professor-- Hawthorne College Staff Psychologist - Dallas Child Guidance Clinic Clinical Psychology/ Neuropsychology Intern Jan 1991 - Present Sept. 1987 - 1996 June 1992 - Present Fall 1984 1985 - 1987 1984 - 1985 Media Expert Host and Executive Producer, State of Mind March 1997 - present Host and Producer, Mental Health Matters 1994 - 1996 Former Mental Health Reporter: “Minding Your Health,”WFAA, ABC affiliate in Dallas Texas. Publications Monthly Columnist, HR.Com Monthly Columnist, HRLOOK.com Weekly Relationship Columnist, "Ask the Psychologist," WOMAN'S WORLD APPEARANCE OBSESSION: LEARNING TO LOVE THE WAY YOU LOOK (Health Communications, 1994) THE COMPLETE IDIOT'S GUIDE TO PSYCHOLOGY (Macmillan; 1999) Expert on gender issues and sexual harassment for TIME, THE BUREAU OF NATIONAL AFFAIRS, SHAPE, and E..A.P. SERVICES OF NEW ZEALAND. Examinations and Licenses Clinical Psychologist Texas License #3252 Clinical Psychologist California License #15663 Sept. 1986 January 1997 Education Doctorate in Clinical Psychology, Florida Institute of Technology, 1985 (G.P.A. = 3.98) M.S., Clinical Psychology, Florida Institute of Technology B.A., Psychology, Auburn University, 1981 (G.P.A. = 3.78) Awards and Listings 1998 San Diego Psychological Association Media Award 1999 F.I.T.'s Alumnae of the Year Elected, American Psychological Association Film Committee Who's Who in the World Who's Who Among American Women Who's Who Among Human Service Professionals Who's Who Among Emerging Leaders Who's Who Among Authors and Journalists Woman of the Year, 1996 Nominated, President's Leadership Program Difficult Employees Chapter 15 Managing Difficult Employees Introduction The Roman philosopher Marcus Aurelius once wrote, “Every morning when I leave my house, I say to myself, “Today I shall meet an impudent man, an ungrateful one, one who talks too much. Therefore, do not be surprised.” Apparently, life among the Romans wasn’t so different from life at the office today. Many of us work with someone whose behavior is so annoying that we exert countless amounts of energy trying to understand it, change it, or maneuver around it.. Managing the difficult person adds another layer of complexity. The manager not only has to interact frequently with the troublesome employee, s/he must constantly manage his or her frustration to make sure it doesn’t spill over into unfair or inappropriate decisions. In addition, characteristically difficult interactions, such as a poor performance review or layoff meeting, are doubly challenging with the problem employee. In this article, we’ll discuss how to identify and interact the difficult employee, how to distinguish between the difficult and the disturbed, and how to handle particularly challenging situations such as the poor performance review, the disciplinary conference, and/or the EAP referral. Defining the Difficult Person A difficult person is a person whose behavior routinely interferes with your ability to get along with him or her and/or get your work done effectively or on time. The reasons why a person is difficult are many (and often irrelevant) but the commonality is that they engage in behavior that either consciously or unconsciously sabotages their relations with others. Points to Consider: 1. Are there extenuating circumstances? Someone occasionally hard to get along with isn’t necessarily a difficult person. Special circumstances produce special behaviors; we all get crabby or down-in-the-dumps in response to situational stressors. Coping with someone’s normal ups and downs, or someone who is experiencing transient difficulties, is easier than coping with a difficult person. HR Tip: Evaluate your expectations. While you may feel than anyone who brings his or her personal life to work is unprofessional or undisciplined, there will always be times when even the most disciplined employee will carry some personal baggage to work. 2. What is the person lacking? Is the person failing difficult because s/he doesn’t know how to do things differently – or because s/he won’t? In order for a person to be interpersonally effective, they must have the knowledge, the desire, and the opportunity to do so. HR tip: Always make sure your employee has had appropriate training and effective management before assuming the employee is willfully or deliberately engaging in difficult behavior. 1 Difficult Employees Chapter 15 3. Is the difficulty in the person or the organizational environment? Sometimes the organization climate where you work evokes the worst kind of behavior in everyone. People often respond in kind to an authoritarian, beauracratic environment. Sometimes, when the circumstances become too threatening, they withdraw. Limited resources in an organization – money for raises, opportunities for promotions, and the like – create pressures that lead to competition. The competition often explodes into outright conflict. So the first step is to separate the behavior from the individual and to deal with the organizational climate as well as with the other person. HR tip: Put reporting systems in place that can help you identify employees in high-risk areas or those with an increased likelihood of behavioral problems. For example, track your disability claims to see if a high number comes from a single department. Do yearly job satisfaction surveys and sort them by department and manager. Evaluate the area that has the most significant number of customer complaints. All of these measures provide valuable clues that can alert you to organizational problems that lead to turnover, conflict and poor morale. 4. Is the person difficult for others or just for you? People can be difficult in one of two ways. They may be impossible or difficult for you or for you and most of the people around you. If the difficulty is with you, the problem is in your relationship, not necessarily in the other person. It’s a matter of how you and the other person perceives one another and how much tolerance you have for one another’s behavior. 5. What are their predictably difficult behaviors and how do they impact you? Often what we call a person’s personality is really a pattern of behavior. All of us tend to have a dominant way of interacting with others under most situations. Behaviors that usually get in the way of smooth working relationships or that stimulate conflict often fall into predictable patterns that can be easily identified and addressed. For example: • • • • • • • • perfectionistic and critical of others excessive attention to detail avoid conflict or, as managers, won’t address performance problems in others overly self-disclosing of personal information focus on people and feelings at expense of tasks impulsive decision makers or risk takers argumentative or overly blunt in interactions with others talk “at” people rather than to them 2 Difficult Employees Chapter 15 • • • interrupt and/or monopolize the conversation reverses opinions or decisions suddenly impatient or intolerant of any small talk Everyone can be difficult under certain circumstances. In addition, what you find merely annoying another person may find unbearably irritating. The more we can understand our own hot buttons, the better prepared we are to deal with them when we encounter them. HR Tip: Expend the effort to change or to seek a change from the other person when the amount of effort you would expend seems to be directly proportional to the value of the change with regard to productivity, interpersonal relations, and stress in the office. 3 Difficult Employees Chapter 15 Dimensions of Everyday Interactions People are surprisingly predictable. Much of our behavior remains fairly consistent from one situation to another. Understanding this predictability (including our own) allows us to better understand and relate to others who are different from us. It also helps us establish a baseline that helps us recognize when others are under stress or having problems. When we talk about predictable, everyday ways of communicating, we are talking about the person’s communication style, i.e., the typical behaviors a person uses in relating to other people. While each of these traits fall on a bell curve, most of us tend to be off-center on at least one of them. Two Interpersonal Dimensions Responsiveness – How emotionally expressive a person is in relating to others and how much s/he demonstrates an awareness of the reactions and feelings of others. This dimension is not how much emotion a person feels but how much experienced emotion a person tends to show to others. This responsiveness is often demonstrated through animated and energetic interactions. Clues to High Responsiveness (greater than 50 percent of the population) • • • • • • • • animated facial expression gesture more frequently comfortable with small talk express feelings openly express more concern about the “people” aspects of issues use a wide range of vocal inflections appear more friendly use more anecdote and stories Clues to Low Responsiveness (lower than 50 percent of the population) • • • • • • • appear more reserved less interested in and adept at small-talk seen as a bottom-line communicator nondisclosing of feelings task-oriented in work communications talk about facts and figures less facial expressions, gestures and vocal expressions 4 Difficult Employees Chapter 15 Assertiveness – How active a person is in trying to influence those around him or her, i.e. how directive or forceful his or her interactions are. This is not how “aggressive” a person is or how much we tend to stand up for our rights. Rather, it is how much we tend to take charge of interpersonal situations and influence them. Clues to High Assertiveness • • • • • • • • • quick decision-makers appear impatient and more confrontational to others risk-takers speak louder and more often move faster intense eye contact direct and emphatic when giving opinions or directions to others exert more pressure on others for a quick decision or action demonstrate anger more quickly Clues to Low Assertiveness • • • • • • • cautious, methodical approach to problem-solving and decision-making move slower and lean back when making a point be less confrontational demonstrate anger less frequently speak less rapidly and less often exert less pressure on others to make decisions be more indirect and/or less likely to express opinions or give orders How These Dimensions Interact With Each Other There are pluses and minuses at every point along the continuum of both of these dimensions; the trick is to use them effectively. Responsiveness, or lack of it, is not consistently related to success; a person high in responsiveness can be either inappropriately self-disclosing or appropriately social and engaging with others. A person low in responsiveness can be very efficient and productive or insensitive in relating to others. Successful, well-regarded persons are found all along the ranges of the assertiveness and responsiveness scales. HR Tip: Since our communication style is determined by how we are perceived by others, it is critical to get their feedback. Incorporate 360-degree feedback into your management development program. It’s much harder to ignore feedback that comes from several sources. 5 Difficult Employees Chapter 15 What’s Your Style? If your coworkers and supervisor was describing you, check the three they would most likely choose: 1. More likely to be on time for meetings but late for deadlines 2. Tend to set exceedingly high expectations for self and others 3. A cautious decision-maker 4. Detail-oriented and like to gather as much information as possible 5. A team player 6. Very generous with time and in helping others 7. The kind of person that people tend to confide in 8. Comfortable doing routine procedures and following processes by others 9. Reluctant to confront or alienate others 10. Emotionally expressive with others 11. Well-tapped into the office grapevine 12. A quick decision-maker and risk-taker 13. Tends to tell anecdotes and stories when talking to others 14. Encourages play and fun at work 15. Tends to be “bottom-line” orientated in relating to others 16. Excels at time management 17. Focuses on facts and figures 18. Impatient with small talk 6 Difficult Employees Chapter 15 Asking for Behavior Change When you change an old habit, you don’t usually change some deep-seated character trait. Breaking a habit usually comes down to not doing something you typically do (lighting a cigarette, not taking another drink) or doing something you typically don’t do (writing a daily to do list, making a log of your activities. Not doing or doing something is a behavior, not a trait. Expect no more from other people than you expect from yourself – a willingness to change their behavior in relation to you, not to change their personalities. HR Tip: The degree to which a person is willing to change his or her behavior in relating to you increases in direct proportion to the amount of influence you have with them, not necessarily as a boss but as a friend or colleague. Giving Behavioral Feedback Just pointing out that a behavior is undesirable may work for some, but it is always more useful if you can offer some new choices of behavior to replace it. You can’t get another person to change unless you give him or her feedback that clearly explains what behavior affects you and how. You can’t get the change you want unless the feedback also includes what you’d like to see happen. Well-formulated feedback statements describe the behavior, explain its effects, and state your wishes and needs. Preparing for a Successful Meeting • • • • Set goals in advance and communicate them to the other person. Hold the meeting one-on-one, behind closed doors. A non-goal directed discussion of sensitive issues could blow up in your face. Even if you’re the one with the complaint, ask the employee’s opinion first. By doing this first, you find out what the employee thinks about the situation. o o o A lower level of antagonism that you might otherwise have created b giving your feedback first An opportunity for the other person to vent his or her existing feelings A chance to bring important issues, about which you may be in the dark, out into the open. HR tip: One of the reasons people don’t ask for feedback is that if feels threatening and risky. Reduce that risk by listening actively – asking questions for clarification, probing for more information, and giving informational feedback. 7 Difficult Employees Chapter 15 Feedback guidelines • • Express feedback in terms of what you perceive, what you feel, and what you need. State the situation in measurable and observable terms so there is no denying the facts. Involve the employee in the solution by asking for feedback. Take time out to hear the employee’s explanation, then ask for input on how to solve the problem. This increases the other person’s motivation to change because there’s a level of understanding instead of an accusation. When talking about what the other person does, describe behaviors over which he or she has some control (instead of personality traits). Focus on directly experienced and relatively recent behavior rather than inferences and hearsay. Be specific and limit the session to only one issue, explaining how the behavior affects you. Mix negative and positive feedback appropriately to demonstrate that your issue is the only point of the discussion. Allow the recipient the right to choose whether or not to change and what changes should be made; work together. Be prepared to accept feedback as well as give it. • • • • • • Damage Control: Communicating Under Stress As human resource and legal professionals, we are taught to link employee stress to workers’ comp claims or employee assistance utilization. Rarely is stress viewed as a relationship issue that can erode interpersonal communication and wreak havoc on work relationships. Yet, the reality is that excess stress can turn the most productive communication style into a nonnegotiable, “my way or the highway” style of relating. Human resource professionals are in the line of fire when it comes to stressful communication. Not only are we most likely to interact with employees in communication crisis, the stressful nature of our job makes us more at risk for landing in fallback communication mode ourselves. However, while occasionally succumbing to stress seems to be part of human nature, human resources can play a critical role in helping managers and employees maintain effective communication, even under the most stressful circumstances. By promoting ongoing stress management strategies and training employees and managers to identify and manage their fallback communication mode, human resource professionals can turn a potentially disruptive coping strategy into an opportunity for self-awareness and growth. Behavioral Dimensions Under Stress Our communication style changes under stress. We stop responding to external cues and start listening to internal ones that tell us we’re in a crisis and we’ve got to fight to survive. We stop responding to what the interpersonal situation calls for and start trying to reduce our stress, regardless of the wishes or feelings of others. In essence, we resort to fallback mode, i.e., the communication style we learned early on that helped us survive difficult situations. 8 Difficult Employees Chapter 15 Our typical communication style may become exaggerated and inflexible. For example: • • • • the emotionally responsive, assertive person attacks the bottom-line leader becomes controlling the reserved, cooperative person becomes ingratiating the quiet, analytical person avoids This fallback mode is an extreme manifestation of our normal communication style. It’s almost as if our communication is a ladder and the lowest rung is the most primitive. As we grow and develop, our interpersonal skills (we hope) move up the ladder; we have more strategies to choose from and we’re able to respond to the cues of the interpersonal situation we’re in. When we experience enough stress, though, we get knocked back down the ladder and often wind up clinging to old, outdated communication strategies that are ineffective but make us feel safe. This is our fallback communication mode. As such, while our fallback mode can disrupt relationships, it serves a good purpose by helping to reduce our stress. Which is why telling someone to “snap out of it” or pointing out how ineffective the communication is when someone is in it never works. What does work is learning to recognize the signs and symptoms of a fallback communication mode and developing strategies for minimizing its impact on our work relationships. Fallback in Action One of the most difficult interpersonal challenges human resource professionals face is dealing constructively with stressed-out employees. Companies undergoing either a downsizing or rapid growth may have whole departments in fallback communication mode, looking to you to help stop or repair the interpersonal damage this has caused. To avoid becoming equally stressed (and unintentionally responding with your own fallback behavior), use these strategies: 1) Don’t take it personally. Easier said than done, I know. However, if your understand that a fallback communication mode is a survival strategy rather than a personal attack or a plot against you, you will be able to keep your objectivity while you help others get back to a more effective communication mode. Helping your managers to reframe each other’s fallback strategies can produce similar results – once they’re out of fallback. Think crisis, not strategy. Imagine you’re in the water drowning and the lifeguard is standing by the pool trying to help you figure out how you fell in the water. There’s a time and a place for analysis, but fallback is not one of them. Instead of having a heartto-heart with an irrational employee, engage in crisis management. For instance, review their workload to make sure it’s manageable and that the deadlines are realistic. Provide stress management training. The number one cause of fallback communication is stress buildup. Be creative in promoting wellness activities like exercise, good nutrition, etc. Use your company newsletter to promote stress management and take advantage of the services your EAP program has to offer. Sidestep the fallback position. Don’t waste your breath trying to get someone to stop operating from fallback. If they could, they would. Instead the trick is to minimize the damage this crisis communication style can have on interpersonal relationships. For instance, teach your managers and employees to recognize their own fallback communication signals and encourage them to find ways to vent their stress without passing it to someone else. 2) 3) 4) 9 Difficult Employees Chapter 15 Damage Control When You’re Under Stress Odds are that you, too, will occasionally find yourself in fallback communication. When this happens, here are things you can do to relieve the pressure in the short-run without increasing stress over time: 1) Postpone what you can. As a psychologist, I adhered to a pretty good rule of thumb in advising therapy clients; postpone any major life decision for one year after a divorce. Many a new divorcee’ later regretted an impulsive relationship or career move or career move that temporarily distracted them from the pain of divorce but later created much more heartache. The same is true of fallback; when we’re operating under extreme stress, we’re much more likely to say or do things we later regret. This is the time to reschedule meetings or postpone appointments if possible and avoid making major life decisions. Get feedback from others. Most of us are pretty inaccurate when it comes to selfevaluation. Find out how your communication, in stress and out of it, impacts those around you by using 360-degree evaluation as part of your human resource development program. Eliminate as much stress as possible. Do stress-reducing activities such as walking or listening to music. Talk over a stressful situation with other human resource professionals; as much stress is created by our thoughts as by the reality of our situation and getting a second opinion can help us correct errors in our thinking that add to our stress. 2) 3) Asking Someone Else to Change When you change an old habit, you don’t usually change some deep-seated character trait. Breaking a habit usually comes down to not doing something you typically do (lighting a cigarette, not taking another drink) or doing something you typically don’t do (writing a daily to do list, making a log of your activities. Not doing or doing something is a behavior, not a trait. Expect no more from other people than you expect from yourself – a willingness to change their behavior in relation to you, not to change their personalities. HR Tip: The degree to which a person is willing to change his or her behavior in relating to you increases in direct proportion to the amount of influence you have with them, not necessarily as a boss but as a friend or colleague. Giving Behavioral Feedback Just pointing out that a behavior is undesirable may work for some, but it is always more useful if you can offer some new choices of behavior to replace it. You can’t get another person to change unless you give him or her feedback that clearly explains what behavior affects you and how. You can’t get the change you want unless the feedback also includes what you’d like to see happen. Well-formulated feedback statements describe the behavior, explain its effects, and state your wishes and needs. Preparing for a Successful Meeting • Set goals in advance and communicate them to the other person. 10 Difficult Employees Chapter 15 • • • Hold the meeting one-on-one, behind closed doors. A non-goal directed discussion of sensitive issues could blow up in your face. Even if you’re the one with the complaint, ask the employee’s opinion first. By doing this first, you find out what the employee thinks about the situation. o o o A lower level of antagonism that you might otherwise have created b giving your feedback first An opportunity for the other person to vent his or her existing feelings A chance to bring important issues, about which you may be in the dark, out into the open HR Tip: One of the reasons people don’t ask for the other person’s opinion first is that it feels threatening and risky. Reduce the emotional risk by listening actively while the other person is talking – ask questions for clarification, probe for more information, and give informational feedback. Feedback guidelines • • Express feedback in terms of what you perceive, what you feel, and what you need. Take time out to hear the employee’s explanation, and then ask for input on how to solve the problem. This increases the other person’s motivation to change because there’s a level of understanding instead of an accusation. When talking about what the other person does, describe behaviors over which he or she has some control (instead of personality traits). Focus on directly experienced and relatively recent behavior rather than inferences and hearsay. Be specific and limit the session to only one issue, explaining how the behavior affects you. Mix negative and positive feedback appropriately to demonstrate that your issue is the only point of the discussion. Allow the recipient the right to choose whether or not to change and what changes should be made; work together. Be prepared to accept feedback as well as give it. • • • • • • 11 Difficult Employees Chapter 15 Managing Difficult Situations Difficult people create difficult situations. Be sure that the steps in dealing with a difficult employee are the most appropriate for the problem, since different discipline methods should be employed depending on the problem. Generally, you can choose one of two courses of action in dealing with the employee. You can: • • Coach the employee (a preferable course of action for a minor offense, a first-time, nonserious offense, or a work performance problem). Discipline the employee (this is more appropriate for serious offenses, frequent offenders, and problems involving the willful disregard of a company policy or rule). On the whole, coaching is more desirable because it focuses on changing the behavior and retaining the employee. However, there are times when you want to penalize or punish an employee, and discipline is necessary in those instances. It's important understand the difference so that you can make an informed choice about your course of action. The Negative Performance Review HR Tip: Describing someone’s performance as “weak and unacceptable” is in part a value judgment. By labeling the person’s performance as “weak,” you enter the realm of value judgments with respect to an individual’s performance without any clear reasons behind the comment. Disciplining an employee who has engaged in improper conduct should be different from dealing with an employee who is not performing work duties well. In fact, most business people prefer to refer to the latter as coaching, rather than discipline. In a situation where there are performance problems, employees may not be willfully doing something that violates your policies and may just need some guidance. Performance problems are caused by a variety of factors such as lack of training, organizational or institutional barriers, mechanical or systemic problems, procedural complexity, and/or personal problems. Sometimes the employee, even with due diligence, is just unable to perform a function of the job. Performance issues are very rarely handled by disciplinary action. Effective coaching and giving constructive feedback can be difficult and challenging, but have their advantages: • • • • Employees learn more about their jobs and perform better. Employees develop a sense of loyalty toward you and the business. Working conditions are improved. Productivity is enhanced and maximized. HR Tip: Consider conducting regular 60-day check-ins with new employees. Train your managers to meet early with the employee whose work is not up to par and offer whatever help you can afford to give without sacrificing productivity. Establish improvement goals as well as a means for measuring them. Check in frequently, and adhere to the schedule. 12 Difficult Employees Chapter 15 In order to counsel employees, you must focus your attention on the goals that you are trying to get the employee to achieve. Those goals may be to increase profits, increase market share, create new products, reduce error rates, or achieve other business-related objectives. In order for employees to know how their work can contribute to the goal, they must be taught: • • • what the goal is how it is achieved what part their work plays in reaching the goal As the coach, you must: • • • • • • set clear expectations set performance standards measure performance correct deviations from performance standards make it clear that you are on the same side as the employee provide guidance while preserving the employee's self-esteem Special Strategies for Coaching Difficult Employees Strategy: SHOW before you speak. Your performance appraisal is not doubt in written form, with categories marked with checks, measured by points, or written out in prose. Many managers make the mistake of delivering bad news verbally, eyeball to eyeball with the difficulty person instead of letting the figures do the talking. Strategy: PRAISE IN A STRUCTURED WAY: Avoid at all costs the sandwich approach (good news, bad news, good news) unflattering news sandwiched in between insincere statements of encouragement. However, even if the bulk of the session will be spent on problems rather than progress, you can establish an advantageous interpersonal climate by choosing your initial words of praise carefully. For example, provide an overall framework for the performance evaluation, “Cal, this performance evaluation has three parts. I’d like to begin by discussing areas in which you’re making good progress. Then we’ll talk about problem areas and conclude with some goalsetting for this next quarter.” Disciplining For Conduct Problems It is no easy task for managers or superiors to take disciplinary action against their subordinates. This is because many factors must be taken into account before any action is taken: • the seriousness of the misconduct. Generally, the longer the duration, the more serious the problem. The third or fourth occurrence is considered more severe than the first one. Mistakes that are made repeatedly will be treated with less magnanimity. Upon making judgment, it is only fair to give the employee a chance to explain why he made such a mistake. Extenuating factors and acceptable reasons for the wrongdoing are to be taken into consideration when taking disciplinary action. 13 Difficult Employees • Chapter 15 the amount of time the person has been in the organization For a new recruit whose degree of socialization is still low in the organization, the superior should educate the person to conform to the acceptable standard of behavior Checklist Before Disciplining an Employee for a Conduct Problem • • • • • • • • Did the employee have advance notice of the rule and the possible or probable disciplinary consequences of breaking the rule? Is the rule reasonably related to the orderly, efficient, and safe operation of the business? Does the rule require conduct that might be reasonably expected of an employee? Has an effort been made to determine whether the employee actually engaged in conduct that violated the rule? Was the investigation of the conduct fair and objective? Did the investigation include an effort to get the employee's version of events? Did the investigation find substantial facts that show that the employee acted improperly? Has the rule in question been applied to all employees in a similar manner? Did the investigation reveal any facts that might justify or excuse the conduct? * are there any mitigating or aggravating circumstances? It is only fair to give an employee a chance to explain why s/he made such a mistake so extenuating factors can be taken into consideration when imposing discipline. . what previous discipline has taken place for the same. Progressive disciplinary action usually begins with verbal warning and proceeds through a written warning, suspension, demotion, pay cut and dismissal. Other more positive disciplinary procedures are such as counseling, motivation, socialization and training to enable employee adapt to the working environment better. * the precedent for similar incidences. How have others who have committed the same conduct been treated? Holding the Disciplinary Conference With a Difficult Employee The key to making disciplinary interviews bearable is to “break the script:” 1. meet in an unexpected place (the employee’s office, a private lunch table, etc.) Choosing an unexpected location for a disciplinary conference can change attitudes and results. 14 Difficult Employees Chapter 15 2. Pick the time of day with care. Disciplinary sessions right after lunch tend to be more mellow, less emotional than those that take place during high-energy times (9 to 11 a.m.) or high-stress times (3 to 5 pm) 3. Bring along an extra person. When circumstances permit, you can underline the importance of the disciplinary conference simply by having an additional person sit in – your assistant, perhaps, or the employee’s direct supervisor. HR Tip: Avoid questions that start with “why.” Employees feel threatened or at the very least defensive about their actions and look to confront you rather than explore the issue with you. You may get, from time to time, a direct answer such as “I don’t know’ or “I’ll have to look into that” but from a purely emotional standpoint, employees will feel like you are backing them into a corner. Use the following steps as a guide to imposing an oral or written warning or suspension on the employee. • • • Inform the employee that he or she has engaged in specific conduct that is unacceptable and that certain conduct is expected of the employee. Refer to the specific rule or policy. Explain that the improper conduct must stop. Discuss the negative consequences that will occur if the employee fails to change unacceptable behavior and the possible positive consequences of changing the improper behavior. Explore the reasons for the unacceptable behavior Develop an action plan that you and the employee agree on to change the unacceptable behavior. • • Dealing With the Disturbed Employee Approximately four out of ten people experience problems that adversely affect their job performance at some point in their lives. The estimated prevalence of behavioral disorders among adults in the United States is 29.5%, affecting in excess of 52 million people each year. Of these individuals, 22.9% have a diagnosable mental disorder, 11.9 percent have a substance abuse disorder, and 4.7% have both. Half of these people never receive treatment for their illness. If not recognized, these troubled employees can have a negative impact on the success of your business. Managers and human resource professionals are in the difficult position of confronting people about their job performance. Examples of a Disturbed Employee • • • Significant negative changes in a person who has had a history of good performance, i.e., signs of withdrawal, hostility, forgetfulness, irrational speech, anxiety, depression, etc. Emergence of prejudicial, angry, or injudicious behavior which causes friction with others and which may have violated or threatened to violate civil rights Extreme moodiness, absenteeism, use of sick time or other evidence suggesting alcohol or other substance use 15 Difficult Employees • • • Chapter 15 Loss of motivation, indifference, sloppy appearance, or other indications that the person is becoming burnt out Explosive displays towards colleagues, superiors, or customers, especially when directed at one person or a particular group Physical complaints of unknown origin, which, upon examination, cannot be tied to any illness Problem Behaviors That May Signal Disturbance * risky or unusual behavior a decreased ability to function as a team member or perform an assignment to an acceptable level, • • • • • • • • • • • • • • • • numerous unresolved disability claims conflicts with coworkers, customers and supervisors preoccupations with non work-related issues unsafe acts, poorly defined medical problems angry or threatening outbursts isolation Increased absenteeism, tardiness, or both Increased sick leave Irregular job performance Increase in errors Periods of poor judgment Episodes of lost temper; emotional outbursts Periods of confusion, lack of concentration Defensiveness or hypersensitivity about job performance issues Though anyone can have work performance issues, numerous or persistent problems increase the likelihood of either a psychiatric illness or unresolved psychosocial factors. 16 Difficult Employees Chapter 15 Many people display some of these behaviors at one time or another. Be aware of the behaviors that are chronic and out-of-character. Take immediate action when behaviors might put your organization and/or any of its employees at risk. Typical supervisory responses to performance problems: Uncertainty; Denial * Avoiding confrontation with the employee • Disbelief that the problem exists • Covering for an employee Anger; Frustration • Frustration with behavior changes • Anger at employee, and at others for poor team morale and performance • Self-directed anger • Attempt to control employee's behavior Guilt; Self-doubt • Ability as a supervisor or manager questioned • Guilt; feelings of inadequacy • Supervisor's/manager's performance declines Recognition; Acceptance • Acceptance that normal supervisory role is insufficient • Awareness that outside assistance is needed • Decision to refer employee to the EAP How To Confront a Disturbed Employee Though anyone can have work performance issues, numerous or persistent problems increase the likelihood of either a psychiatric illness or unresolved psychosocial factors. When handling an employee with emotional problems, a supervisor is frequently uncertain about how to handle the situation. Should the employee with problems be treated the same as another employee, ignored with the hope the behavior will improve, or given more attention and support in the hopes of helping the employee overcome the problem? Managers must be taught how to deal with a disturbed employee without becoming a counselor or parent a. Depends upon the situation, you need to consider: i. What’s going on the in the person’s life ii. What steps the person is taking to deal with them 17 Difficult Employees Chapter 15 iii. what the person’s work history looks like Strategy: Keep intervention focused on job performance, not on the problem. It is not your responsibility as supervisor or manager to determine the cause of an employee's work performance problem. It is your responsibility to take a responsible job performance. Strategy: Don’t accept explanations as excuses. Whatever the problem, it belongs to the employee. You can't solve the problem for him or her, and you shouldn't try. You can help the employee by making sure the employee understands the consequences of continuing behaviors that cause problems on the job. You can also help by offering a resource an EAP referral. Strategy:: Take action. The action you take might include verbal or written clarification of expectations, referral to a help source such as your EAP, written warning, reprimand, censure, demotion, suspension, dismissal, or other job action. Any action should be grounded in fairness, concern for the employee's well-being, concern for the workplace and the rest of the workforce, and adherence to organizational policy. Strategy: Document work performance problems, work-related conduct problems, and related actions by management and employee. Documenting disciplinary action One of the most important functions of documentation is to record disciplinary action. If discipline results in an employee's termination, it's critical that the process leading up to the termination be carefully documented. If good documentation exists, an employee or her lawyer may be discouraged from ever filing a wrongful discharge or discrimination lawsuit. But even if a lawsuit is filed, your documentation will help successfully defend against it. Moreover, if an employee is aware that her deficiencies have been documented, she is less likely to pursue a wrongful discharge or discrimination claim. If she is unaware of the documentation or hasn't been told about any problems with her work, she is far more likely to think she has been unfairly or wrongfully discharged. It's important that all disciplinary action be documented at the time it occurs — not shortly before termination or even afterward. Managers and supervisors must be made to understand the essential nature of documentation. Although writing something down will take longer than orally communicating it, the written word will have much more impact in a courtroom than the remembrance of something that was merely said. In addition, documentation is important because it assists managers in refreshing their recollection of the facts and circumstances surrounding a particular employment action. All supervisors should maintain a disciplinary file on each employee they supervise. Those files should be kept separate from personnel files in the supervisor's office. They should contain written documentation on each incident where the supervisor had to warn or admonish the employee, especially when he thinks the incident isn't severe enough to be documented in her permanent personnel file. The documentation can be informal — for example, written on notebook paper — but it should reflect the reasons for the discipline. Although there's no magic form to be used in reducing disciplinary action to writing, there are a few things that should be included in your documentation: 18 Difficult Employees Chapter 15 1. The document should be dated and signed by the person preparing it. 2. The employee's problems should be thoroughly set forth. 3. The document should reflect what the employee was told about the next step if necessary improvement doesn't occur. 4. The document should state that the employee was told that documentation will be placed in her personnel file. The employee should sign the document, at least on most occasions. Some employers require that the employee sign all documentation about his or her discipline unless the employee refuses. In that case, it is noted on the form that the employee has refused to sign it. The refusal should be witnessed by another employee or by a member of management. Some employers require that the employee sign the document only if it is her last warning. And some employers choose not to require employees to sign disciplinary documents because of the additional tension they feel it causes in the employment relationship. If an employee signs a disciplinary document, she should acknowledge that the matter has been discussed with her on the date indicated, and a space should be provided for her to comment on the discipline. Since employees who file wrongful discharge cases often contend that they were never counseled, warned, or disciplined, this is certainly one way to eliminate that argument. If the employee asks to have her version of what happened placed in her personnel file, you should probably accommodate her request. It's good to have a copy of any document she may later rely on in a lawsuit. And allowing her to tell her side of the story may result in better employee relations by assuring her that personnel files contain a complete and fair record of her employment history. An employee's own statement about what happened can be valuable in determining the validity of any later legal claim and in developing defenses against a lawsuit. You should require the employee to sign her statement so that it will be difficult to alter later on. HR Tip: Just as underdocumentation can hurt you, so can overdocumentation if it appears that you are simply building a file so an employee can be terminated. Only significant disciplinary matters should be committed to writing. Dealing With the Insurbordinate Subordinate Yerke is a Finnish expatriate who recently accepted a position as head of the IT department for a large computer peripherals manufacturing company. He is dumbfounded when, two weeks after his arrival, his boss complains that Yerke is a troublemaker who openly questions his decisions and challenges his authority. Pamela, a stellar employee, was recently disciplined for insubordination because she called in sick after her request for personal leave to attend her daughter's out-of-state wedding was denied. Raymond makes more sales than the rest of his team put together; however, while his customers love him, three sales managers have quit because of his abusive language and disrespectful attitude toward them. Insubordination, broadly defined as an unwillingness to submit to authority either through an open refusal to obey an order or through a failure to carry one out, is a common problem in the workplace. Examples of insubordination (or attempts to undermine managerial authority), include the following: 19 Difficult Employees Chapter 15 * actively challenging or criticizing a superior's orders; * interfering with management; * showing open disrespect toward a supervisor; * making threats or using coercion or physical violence; * using abusive language or making malicious statements • ignoring instructions Discipline is often an appropriate response to insubordination. However, as can be seen from the above examples, there are varying reasons for, and degrees of, rebellious or disrespectful behavior. Before disciplinary action us taken, it is important to consider a number of factors that will help you decide upon a response that fits the situation. Some of these factors include the reasonableness of the request, the circumstances surrounding it, the employee's work history, and how others have been treated for similar behavior Out of Bounds Orders Some flexibility with respect to insubordination may be in order if the employee has a legitimate reason for refusing to carry out the request. Even though employees are rarely allowed to challenge authority, there are some instances in which such a refusal may be justified. Consider the following situations: 1. carrying out the order would endanger the health, welfare, or safety of the employee or other employees. An employee may rightfully refuse to carry out an order in situations where the manager orders the employee to work under conditions the employee believes pose an immediate danger of death and severe injury, and the employee believes there is insufficient time or opportunity to get management to correct the hazardous condition. 2. carrying out the order involves an illegal act. Employers cannot ask an employee to engage in illegal activity. I once conducted a wrongful termination investigation during which an employee was fired because he refused to pick up illegal drugs for his supervisor. 3. the order is accompanied by religious, racist or sexist slurs. Ideally, the employee would comply with the order and then file a separate offensive behavior complaint. However, certainly some leniency should be allowed for the employee who rebelliously responds to personally insulting behavior. Obviously, discipline or termination is inappropriate in any of the above situations. If it occurs, it can possibly lead to a successful wrongful discharge, retaliatory discharge, or discrimination lawsuit. In most cases, however, insubordination is the proper subject of discipline. Do Your Duty Generally speaking, employees cannot decide for themselves which instructions they will or will not obey. Companies should make this clear in their policies and procedures, by stating in their employee handbook or personnel manual that insubordination is against company policy and that violation of the policy will subject the person to disciplinary action, up to and including termination. Your policy should also state that, if an employee has a complaint about management behavior, they should follow the appropriate employee grievance process. Let's assume now that an employee has engaged in challenging or disrespectful behavior to a valid order. The next factor to consider is the circumstances. For example: * Was the order direct, clear and unambiguous? 20 Difficult Employees Chapter 15 * Did the employee violate a published policy or work rule? * Did the employee recognize that s/he was breaking a rule? * Was the employee aware of the consequences of the conduct? * Was the employee aware of exceptions to the published rule or policy? * Is the policy or rule itself the problem? Considering the above factors sheds different lights on all three of our colleagues from the first paragraph - Yerke, Pamela, and Raymond. Yerke, for example, had no awareness at all that he was behaving inappropriately; coming from a culture that is much less deferential to status or power differences, it was a natural behavior for him to speak up or disagree with his superior. In fact, counseling him on how his behavior was perceived not only improved the relationship with his boss, it helped him understand his subordinates, whose reluctance to question or challenge his ideas he had been interpreting as a lack of motivation and initiative. Pamela and Raymond are similar in that both were aware of the rules and their violations of them. However, their work histories, and the rules in question, were dramatically different. While Pamela's response to her denied leave was inappropriate, her manager's decision to deny her personal leave request was also questionable. Other alternatives, such as making her responsible for finding a substitute, working overtime in advance, or being available by phone, might have been more realistic. As for Raymond, his consistent and willful disrespect not only adversely impacts the morale and retention rate of the rest of the sales team, the fact that he has received numerous warnings (with no real consequences or follow-through) can put the company at legal risk if they discipline another employee for similar behavior. QUESTIONS RELATIVE TO DETERMINING THE SEVERITY OF DISCIPLINE: 1) Employee's record - Does the employee have a prior record of similar offenses, or was this a first offense? Does the employee otherwise have a good record of satisfactory performance? 2) Consequences of the act - Were the consequences such that there would be financial or other liability to the company? Would the act affect the company or the employee's ability to carry out assigned responsibilities? 3) Mitigating factors - Were there intervening factors that either caused or had some effect on the employee's violation of the company's disciplinary standards? 4) Attitude - Is the type of discipline contemplated necessary in order to convince the employee that the conduct cannot be tolerated? 5) Past practice - Is the discipline to be administered consistent with the discipline administered in prior similar cases? Dealing With the Chronic Troublemaker If a continually troublesome individual commits the insubordinate act, keep these rules of thumb in mind. o Base the confrontation with the worker only on his/her job performance. Never allow any personal prejudices, comments, observations, or suggestions to get in the way of the counseling/discipline meeting. Make certain that the employee knows exactly what you're saying. Allow no room for confusion or misunderstanding. Make your policies, and their application, consistent and exact. 21 Difficult Employees Chapter 15 o Don't make value judgments. Stick to the job description at hand, not what you think of the employee personally. o Don't continually harangue the employee on a certain point. Make your point once and go on. o Don't make idle or thinly veiled threats. Making threats only serves to make the confrontation less productive and strains relations even more. Conclusion Research indicates that unsuccessful managers most often fail because of their inability to deal effectively with the “people” side of managing. Even the most interpersonally savvy manager can fall prey to the common reactions difficult people encourage; avoiding the problem employee, letting personal feelings cloud management decisions, or failing to confront the difficult employee about unacceptable behavior. However, just as Marcus Aurelius coped with the difficult people in his life by adjusting his expectations, managers can arm themselves with the tools that will minimize the potential emotional, legal, and professional repercussions of supervising a problem employee. John D. Rockefeller said, “The ability to work well with people is as purchasable a commodity as coffee or sugar, but I’ll pay more for it than any other ability under the sun.” Managers who can communicate clearly and effectively with the most difficult employee are not only a value to the organization; they create value for themselves. 22