1. How to Effectively Deal with Conflict in the Workplace Presented by: Laura P. Jordan Phone: (503) 242-4262 Email: ljordan@laborlawyers.comljordan@laborlawyers.com Atlanta Boston Charlotte Chicago Cleveland Columbia Dallas Denver Fort Lauderdale Houston Irvine Kansas City Las Vegas Los Angeles Louisville Memphis New England New Jersey New Orleans Orlando Philadelphia Phoenix Portland San Diego San Francisco Tampa Washington, DC www.laborlawyers.com Fisher & Phillips LLP ATTORNEYS AT LAW Solutions at Work ®

2. ROADMAP: Workplace Conflict Resolution Dealing With Difficult Employees Scenarios Summary

3. Why Conflict Resolution? THE WORKPLACE IS THE MOST DANGEROUS PLACE TO BE IN AMERICA –United States Department Of Justice, 1994

4. Conflict in the Workplace Workplace Conflict –Can be a serious problem in the workplace –Will result in a loss of productive employee time –Could result in civil/administrative litigation Costs of defense Costs of an adverse determination –Personal liability of managers and supervisors

5. How to Resolve Conflict Manage Identify Opportunities Meet Challenges Head-On Communicate Pay Attention to the People

6. Manager’s Role Prevention through good company culture, training and education Proactive and responsive to complaints All reasonable steps necessary to prevent Prompt, thorough and effective investigations Appropriate follow-through

7. Key Manager Responsibilities Be a positive force/influence Communicate Effectively Uphold Performance Standards Model Appropriate Workplace Conduct Filter issues to determine what needs to be raised with HR or management

8. Key Manager Responsibilities Be a positive force/influence –You are the face of the company –Negative attitude/interactions reflect on the entire organization –Most employee disputes can be dealt with early or avoided through positive communication

9. Key Manager Responsibilities “Positive Communication” requires that you actively engage your employees. It is not okay to ignore issues in the workplace. How do you actively engage your employees?

10. Key Manager Responsibilities Communicate Effectively –Clear notice of expectations –Opportunity to meet standards –Feedback on performance Performance evaluations Disciplinary action Positive praise where appropriate

11. Key Manager Responsibilities Uphold Company Performance Standards –Impose a duty on employees –Find a benchmark that can be used to measure performance –Requires more professionalism than what the law requires

12. Key Manager Responsibilities Model Appropriate Workplace Conduct –The manager’s conduct is the standard for employees Employees will not conform to policies if manager does not conform Ignoring issues undermines the policies

13. Key Manager Responsibilities Filter of Issues/Disputes Not every workplace dispute needs to be reported to HR or senior management Look at the totality of the circumstances –Is a protected status implicated? –Are factors other than one’s ability to perform a job at issue? –Not sure whether to involve HR?

14. Managing Employees Treat Employees With Dignity And Respect –Find an office or conference room for privacy –Start with general, open-ended questions –Avoid questions that suggest a bias –Avoid editorial comments or legal conclusions –Any matter that is potentially significant (such as harassment, discrimination, family leave, retaliation, wage and hour or workplace safety) must be reported to HR

15. Managing Employees What to Document –Performance Assessments Both formal and informal performance evaluations should be documented Tie the evaluation to job-related standards –Performance Management/Discipline Give the employee specific information about performance problems and the steps to correct the problems

16. Identify Opportunities Nip it in the bud! Ears and eyes open Look for the real issues Beware of motives Objects in the mirror are closer than they appear!

17. Meet Challenges Head-On What elephant? Avoiding a problem is not likely to make it go away More likely to grow out of control if not addressed

18. Communicate Two-way process Skill Clear Timely Effective

19. Communicate Consistent Personal Positive Respectful Motivational

20. Pay Attention to the People Don’t get carried away by other distractions A little bit of employee relations goes a long way More and more important in this economic environment

21. Identifying Issues Silence, bickering, pettiness Lack of team approach Complaints Other symptoms

22. Resolving Workplace Issues One-on-one Group Third party Goal setting Common benefits Or else

23. Dealing with Difficult Employees Direct Professional Deal with issues Avoid traps –Legal –Personal

24. Reality Every manager has a tendency to put off those difficult conversations hoping the problem will disappear Whether vulgar language, excessive gossip, inappropriate dress, personal hygiene, or performance issues, every manager will face difficult employee issues

25. Reality (continued) Supervisors need to be skilled and understand what is legal More than that, they need to understand what will work –How to begin the conversation –How to confront difficult employees –How to create an atmosphere that engages employees –How to discover the truth and learn what is really the cause

26. Reality (continued) Attitude problems Rule breakers Does not play well with others An excuse for everything Keeping a record Intentionally difficult

27. Reality (continued) Address the facts No tolerance for threats, accusations and defiance Productive ways to counsel employees Keep your emotions under control Focus on the problem, not the person

28. The Right Approach We are all in this together Do you want to be a part of the team? Do you want to succeed?

29. Scenario Attitude problems –Identify the real issue –Motivation –Address as appropriate

30. Scenario Rule breakers –Testing? –Showing off? –Pushing the limits? –Leader of the group?

31. Scenario Does not play well with others –Source of conflict –Motives?

32. Scenario An excuse for everything –Has it worked? –Real issues? –Find a cure

33. Scenario Keeping a record –Always pretend you are being recorded –Warning bells –Don’t be scared –You’re the star!

34. Scenario Intentionally difficult –Agenda –Defense mechanism –Zero tolerance

35. Scenario Constant Complainer –Negativism –Setting an example –Subject of dissatisfaction

36. Scenario Handwriting on the Wall –Waiting to act –Correct timing –Decision point

37. Stay Legal All actions subject to review Identify attempts to mischaracterize Watch for fraud Watch for buzzwords Create your own record

38. Key Points to Remember Manage employees Deal with complaints and problems Realize “perception” is as important as reality Remember the goal is to prevent, resolve and avoid claims – not to “win”

39. Thank You! Follow up and final questions? Presented by: Laura P. Jordan Phone: (503) 242-4262 Email: ljordan@laborlawyers.comljordan@laborlawyers.com Atlanta Boston Charlotte Chicago Cleveland Columbia Dallas Denver Fort Lauderdale Houston Irvine Kansas City Las Vegas Los Angeles Louisville Memphis New England New Jersey New Orleans Orlando Philadelphia Phoenix Portland San Diego San Francisco Tampa Washington, DC www.laborlawyers.com Fisher & Phillips LLP ATTORNEYS AT LAW Solutions at Work ®