Workplace Detox: 10 Strategies for Managing Malcontents and Toxic Employees Presented by Raven R. Applebaum raven.applebaum@ogletree.com . © 2018, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Top 10 Types of Toxic Employee The Defiant Employee The Bully The Limit Pusher The Martyr/Victim The Narcissist The Backstabber The Unmotivated The Prankster The Gossip The Negative Nellie

1: Avoid Hiring in the First Place Assess the quality of your hiring process Do you have a robust, accurate job description? Are interviewers trained? Have you identified the character traits and behaviors that lead to success in your organization? Can you spot a toxic employee?

Common Traits and Behaviors of Toxic Employees Focus on themselves and not on their team Blame others for failures, take praise for success Lack humility Stirs the pot, gets involved in gossip

Screening Questions Why do you want to leave your last employer? What would change about your last job? What do you like most about your current job? Give me an example of a workplace mistake you made, and what you learned? Do you have any skills gaps?

Screening Questions Describe your past relationships with coworkers Identify the values you think are important in a workplace Do you look to anyone for advice or counsel

Other Strategies Consider team interviews, multiple interviewers Ask “forced negative questions” Describe the behaviors of the worst boss you’ve had Ask behavioral/situational questions Assess body language and non-verbal cues

2: Listen and Act HR involvement early Listen to all the stakeholders Obtain specific, concrete examples of behavior Collect evidence Direct feedback; no sugarcoating

3: Set Limits Train supervisors to set limits Length of meetings The “last word” Time spent on emailing, documenting Avoid defensiveness

4. Manage Performance Use best practices for performance management Review history of performance reviews Focus on objective, measurable behavior Use direct language and provide examples of behavior Focus on how the behavior is perceived by others

5. Assess Leadership Is the problem the supervisor and not the employee? Listen to employee complaints objectively Is there a pattern or a history? Is one employee standing up for the group?

Leadership Traits Suited for Managing Toxic Employees Control of own ego Not a “pleaser” Humility Patience Amenable to documentation and performance management Decisive Understands that not all employees can be “turned around” Communicates well Does not micro-manage

6. Train Managers Minimizing gossip, pot-stirring Address performance problems quickly and directly Demonstrate authority Allow independence Resist micromanaging Praise authentically

Understanding How Negativity Spreads Role of ego and perception Small gestures at top level can spread Negative behaviors unchecked spread to the group, creating More negativity Apathy Deflation

7. Support or Change Supervisor HR’s role in supporting or changing supervision When to get legal involved Managing the fall-out from supervisor change Garnering support for supervisor change Showing a “united front” Offering resources to supervisor

8. Isolate Physical distance; office layout Work hours; flexible schedule Working remotely Number and composition of meetings and interactions Consider a special project or reassignment that better matches skills, traits, and behavior Consider limiting or changing job duties Consider removing supervisory responsibilities Source: Christine Porath

9. Document If it’s not documented, it did not occur Understand the role of documentation in litigation defense Use “Documentation Do’s and Don’ts”

10. Exit Strategy Assess risk of termination with counsel Establish history of documented performance management Address past positive performance reviews (explain the change in writing) Do not disguise reason for termination

Exit Strategy Consider a “soft landing” Severance Agreement Transition agreement Communication plan Outplacement assistance Severance Agreement

Workplace Detox: 10 Strategies for Managing Malcontents and Toxic Employees Presented by Raven R. Applebaum raven.applebaum@ogletree.com . © 2018, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.