LESSON 5 - HOW TO DEAL WITH CONFLICT, PROBLEMS, DIFFICULT EMPLOYEES & FIRING

Introduction: The toughest part of the job…

You, as manager, need to do your best to make sure your department is running like a well oiled “team-machine” as discussed in lesson 3.  However, just when you think everything is going along smoothly and under control, the inevitable conflicts, disagreements, and differences of opinion start to escalate, and harmony within the team is disrupted.  There might be legal consequences in certain situations.  In some cases it’s time to fire the individual. 

Your job as manager goes beyond just making sure you hit the numbers.  You sometimes need to be a counselor or mediator.  In most cases, using good old common sense will get you through the issue at hand.  You should be the first line of defense, as you might be able to handle the situation by just listening and showing some compassion.  You should, however, never be afraid to ask for HR’s help whenever needed.  This lesson will deal with all of these issues and more.

Dealing with Conflict

In some cases, the conflict can be a good thing like process improvements or better ideas to service the customer.  This can be part of the “open communication” that is encouraged within the team.  However, in most cases the conflict is more negatively based.  Examples of conflict are:

·         A personal problem with two or more people.  It could be based on issues such as values, beliefs, a friendship gone sour, flirting, sexual harassment, or vulgarity.  These incompatible situations can lead into arguments and even worse, physical fighting.  There is also the chance of termination, especially when dealing with sexual harassment.  The two most common sexual harassment categories, both of which are considered as part of the 1991 Civil Rights Act as illegal employment discrimination with punitive monetary damages, are:

1.      Asking for sexual favors in return for providing a raise, promotion, etc. (Quid pro quo).

2.      What a woman perceives as a hostile environment like unwanted touching, pin-up calendars, sexual jokes, sexual comments, leering, inappropriate photos, etc. 

Your HR representative will most likely be involved if these types of situations were to occur.  See the U.S. Equal Employment Opportunity Commission http://www.eeoc.gov/ for more information.

·         A perception of one working harder than the other.

·         One person blaming another for past mistakes.

·         Rebellious jealousy because it looks like you are playing favorites.

·         Not happy or thinks it’s unfair with the type of work assigned to them.

·         Personality clash.  For example, a systematic vs. unorganized approach to the job, or a sensitive person vs. insensitive person.

·         Disagreements – one person feels it should be done one way, and another feels it should be done another way.  This could be based on ideas, goals, process discrepancies, etc.

·         Inappropriate dress for work.  It might be too revealing or unprofessional.

·         Personal hygiene.

You should have your radar on at all times to try and prevent these conflicts before they escalate.  You should take the time to learn and understand the laws associated with the EEOC http://www.eeoc.gov/.  This includes understanding the policies regarding Affirmative Action, as you or your supervisor’s personal attitude can make or break your organizations EEOC and affirmative action policies.  If you create an atmosphere of equality, and help facilitate understanding and tolerance among all employees, you should be able to avoid any conflicts associated with the EEOC and affirmative action. 

Keep a tight rein on any individuals who are problem talkers and deal with any outbreaks immediately.  Also as manager, you should never joke around about any sensitive subjects.  You have to always use common sense and never make comments that could make some laugh and hurt others.  That is not to say you should not have a sense of humor, as in many cases your sense of humor can help build team morale and help eliminate stress.  Just be careful on what you joke about.  Never joke about anything dealing with racism, sexism, religion, etc. 

You also need to be careful not to make promises you cannot keep.  For example, telling someone they will get a raise or a promotion if they finish a project on time when you are not 100% certain it is even possible.  Unless you are 100% certain, never make such a claim.  An innocent type of comment like this can become the basis of a binding employment contract. 

Another concern deals with being a member of management in an unionized organization.  You have two job functions as you need to perform your normal management duties by getting the most productivity out of your workers, and you need to be aware of, and adhere to, management’s commitments under the union contract.  The National Labor Relations Act http://www.nlrb.gov outlines unfair labor practices that can affect you as manager.  You should be well aware of the main issues like blocking an employee to form or join a union, attempting to influence a labor union, and discriminating against members of a union.  These legal and actionable offences can lead to your dismissal along with a great deal of cost to your company.

When it comes to anticipating potential conflict, look for signs such as tension in the air, off handed comments, backstabbing, manipulation, a normally outspoken person is now quiet, a normally quiet person is now outspoken, facial expressions, and undermining.  You need to react immediately using the managerial skills described throughout this course and not let it simmer.  If, however, an interpersonal issue does occur, do not put your head in the sand and hope it all works out.  You must make it a priority to get involved and resolve the problem.  Conflict resolution, whether resolved by you, or you acting as a mediator, is essential.  Even if you do nothing but let the parties work it out themselves, it’s ok as long as it truly gets resolved.  If the conflict is not resolved, you might run into emotional issues leading to withdrawal and also possible resignation.  You need to get involved, but how involved you get determines on the severity of the conflict.

Determine the type of conflict and the severity.  The types of conflicts determine the type of approach that should be taken.  Here are three questions to determine the type and the actions you should take based on the severity of the conflict:

1. Is the conflict an issue that is shared by all on the team?  These conflicts can be issues creating disharmony with the team such as problems with the processes and procedures that are in place, other departments that are not doing their job correctly, or customers unhappy with the service or product thus creating friction amongst the team, etc. 

·         If yes, then you should ask all of the, who, what, when, where, how, and why type of questions.  Find the points of failure causing the friction and show your team that you are doing all you can to correct and remedy the situation. 

·         If no, then proceed to question 2.

2. Is the conflict due to one individual?  These conflicts can be issues such as personal hygiene, an employee inappropriately dressed, or an individual complaining of the work assigned to them or thinks it’s unfair, etc.

·         If yes, here are some ways to deal with the issue:

                 

o        If it is a dress code issue, first see if there is a dress code in place by HR that you can easily find in the handbook.  If there is, explain that this is corporate policy.  If not, then you need to talk to them in private and be honest and upfront by stating that, in your opinion (do not say another individual is complaining), what they are wearing is not appropriate.  You might determine that the problem is due to such issues like safety, causing disruption in the office, or because it might make people feel uncomfortable. In most cases the employee will feel a bit embarrassed and understandable.  If not, then you need to state that part of your managerial responsibilities is to make sure the department works in harmony, and that you cannot afford any disruptions of any kind.  If needed, you can ask for HR’s help.  Don’t be surprised if the employee compares what they are wearing to what another employee is wearing.  If so, just say that you will look into it and will deal with any situations that need attention.  You might truly have to address that issue as well.

o        If it is a hygiene issue, first off speak to them in private and say that you have something that is somewhat uncomfortable to talk about, but needs to be addressed nonetheless.  Ask them to please do all that they can to make sure their personal hygiene is taken care of before coming into the office.  You can state that part of your managerial responsibilities is to make sure the department works in harmony and that you cannot afford any disruptions of any kind, including hygiene related issues.  You do need to be careful as the hygienic problem might be medically related.  You might want to suggest they see a doctor about certain hygienic issues if the problem continues.  Just make sure to let them know to please do all they can to control their hygiene as much as possible.  If it does not improve, you should talk to HR about the next steps that should be taken.  You might need to move the person to an area away from the group. 

o        If they are not happy with the work assigned to them, or think it’s unfair, then you need to ask them why they feel this way and be prepared to discuss all possible options.  If for instance they are complaining about the work given to them, find out if other staff members also have the same complaint.  Also compare this person’s workload to the other staff members.  If this person is indeed working harder, then you need to address the issue with your staff.   If not, then you need to tell them that the workload is part of the overall job responsibilities.  Let them know that you will look into possible process improvements or if it is possible to hire more staff. 

Another example would be if someone is complaining because of the extra workload the late shift has to perform, which has less people and added responsibility.  You should remind them that they agreed to work that shift, however, you should give them the option to move into another shift.  If another shift is not available, let them know they will be on the waiting list.  At least they can see the light at the end of the tunnel and that you understand their predicament.

·         If no then proceed to question 3.

3. Is the conflict pertaining to more than one individual based on personal issues, personality clashes, disagreements, etc?

• There might be times when the problem rectifies itself before you get involved.  It might be too trivial to worry about and the best solution is to postpone setting up a meeting and let the issue die down on it’s own.  For the simple conflicts, your serious involvement might just be throwing more salt into the wound.  However, you need to be 100% sure that all is good by monitoring the situation for a while. 

• If you feel there is a true problem, then you need to meet with all of the individuals involved at the same time.  Do not meet with them separately or else you will probably get over exaggerated and potentially untrue comments.

You will most likely be acting as a mediator, so your job is to let each person briefly state their issue with no interruptions from anyone else in the room.  You would only intervene if it starts to get out of control.  After hearing both sides, you need to sum up each other’s point of view to be sure everyone is on the same page.  At that point, you would ask each of them what it would take to appease each other.  The overall goal is to have all parties commit to making the necessary changes to resolve, or at least reconcile, the conflict.  Let them know that you expect and have the confidence that they will make every attempt to resolve each others differences with respect for one another.  You should also follow up after a week or month to make sure all is on track.  Here are three common conflict examples between two or more people:

• Friendship problems.  It is inevitable that strong friendships will develop between co-employees, and that’s fine.  People are happier when they have a true good friend at work.  The problems you may see is too much socializing when they should be working, other team members getting jealous which can create a bad atmosphere, or if they get in a fight which creates tension.  In most cases, the good out weighs the bad.  However, if there is a problem, fix it as soon as possible.  If you do not personally see the conflict, you can spot these types of situations through performance appraisals, comparative stats, the rumor mill, or passing comments.  Your job as manager is to make sure they fully understand that their friendship cannot affect their work.  Let them know it also affects the work and morale of any other team members.  Most of the time it all works out and gets resolved either during the meeting you have with them or right after. 

• Personality clash, differences in life styles, different beliefs and values, etc.  The saying, “Oil and water don’t mix,” holds true in the workplace.  Some people just do not see “eye to eye” and that creates tension.  In most cases, there is nothing you can do to make them like each other.  If the conflict came to the point to be discussed in your office, the best thing you can do is to let them talk it out.  You can also share your views of the overall goals of the department and the type of teamwork needed.  It does not mean they have to be friends, but they both need to understand the main objective and that you cannot have it any other way.  They need to walk out of the office with a sense of mutual respect due to the same goals you instilled upon them.

• Disagreements or mixed expectations.  Issues like; how one person does not like they way the other person enters data, how one person troubleshoots differently than another, how one person tells another how to do their job, or how one person expects a report at a certain time and does not get it, are all classic examples of disagreements and mixed expectations.  This may be process related in which you need to fix.  However, most of the time it is just the point of view or misunderstanding of one person towards another.  After hearing both sides, examine and work it out to where there is a compromise.  Based on these examples, some compromises would be; there should be more detailed data entered, but it does not have to be a book.  There can be a few more troubleshooting steps, but the overall performance is acceptable.  A person can help another, but should never act like the boss.  And finally, the report can be guaranteed to be ready at 11:00, instead of the unrealistic 9:00.  These are the type of creative compromising ideas you need, to be able to resolve the minor problems.  Unless it is an absolute work related problem that defies the company’s values and job expectations, little compromises like these usually resolves the issue.

Steps to take when dealing with conflict:

1. Counsel and Verbal warning:  First, send a simple e-mail asking them to stop by your office at a given time.  Do not go into details or specifics, just a simple invite.  You can also verbally ask them as well as long as it’s done privately.  If there is a problem with the scheduled time, simply move it to a time that is good for all.  Try not to make the meeting seem mandatory or else you will already start off with a negative approach.  The point is to make the meeting as indiscreet as possible and also gives them a chance to prepare for the discussion.

When you meet, after you say your hello’s, say the reason you ask them to visit you is to discuss something that is difficult to share, and a bit uncomfortable, but needs to be addressed.  You can also start off with something like, “I understand there is a problem that needs some attention.”  Do not bring any person or persons names up, or that there is even a complaint from anyone.  This is straight from you, which is part of the job of being manager.  You want to make sure that it is understood that you are the one who is bringing the matter into the forefront.  Use a lot of “I” statements like, “I want to make sure we do everything possible to resolve this issue,” or “I understand what your are saying, but…” 

Be straightforward, simple, and to the point, yet empathetic, which strengthens and deepens the relationship and rapport.  Do everything you can not to embarrass the person.  When dealing with a conflict involving more than one person, you will be most likely acting as a mediator.  You want to resolve the conflict by “reasoning together.”  Be sure to have each of them briefly describe the problem and to not interrupt each other.  Always try to focus on the positive aspects of each other’s statement.  Once each person has had a chance to explain their side, you can ask how we as a team can correct this situation.  You should mostly be listening to them work on trying to resolve or reconcile the issue at hand, which is exactly what you want.  If tempers flare, be sure to intervene and make sure everyone is calmed down before proceeding.  Make sure everyone sticks to the point, but is able to get everything out.  Make sure to follow their statements and solutions with clear and precise summation.  By repeating back what has been said solidifies the solutions.

Keep a cool head and remain in control of your own emotions.  Employees might be irrational with no common sense, uncooperative, mean, and disrespectful.  Use a calm tone and make sure you present yourself with an understanding attitude.  Let them know that you do care and will do all you can to help resolve the issue.  Just never talk to them with a condescending tone.  Also, always bite your tongue before you say something you might regret.  Certain words can set someone off on a tangent.  Also be careful using certain actions such as hand gestures, crossing your arms in a defiant way, confused facial expressions, demoralized posture, too much eye contact, or sounds and grunts of discontent.  You will get your point across more effectively if you keep it professional at all times.  Keep your advice to yourself and let them work it out mutually.  You should only get involved with advice or solutions when there are no other alternatives, or if you are asked for your help in the matter.

Make sure all parties make an agreement on the direction and steps needed to solve the problem, or create the opportunity.  You need to make sure that everyone is focused on the big picture and on the future.  There should be no more blame game.  Your goal is to find a win/win situation where all parties involved are satisfied with the outcome.  A compromise is good, but if you can have them leave with the feeling of a change for the better, you’ve reduced the chance of future conflict.  Also remember, the quicker you help resolve the issue, the less chance the conflict spreads throughout the whole department.

If you think the problem may take some time to resolve, then you need to get all parties involved to reach an agreement on a timeframe when this will be resolved.  In most cases the issue can be rectified immediately.  

2. Written warning, suspension or termination:  If the issue is not resolved after implementing step 1, then you will need to explain possible disciplinary action.  The nature of the discipline depends on the issue and HR policies.  Issues dealing with conflict are not as clear-cut as job performance or attendance problems, which are described later in this lesson.  With those types of problems, there is usually a process like a verbal warning, then a written warning, then either another written warning or suspension, before finally resulting in termination.  With conflict issues, depending on the severity, you might need to go to suspension and/or termination stage right away.

  Always remember that you should be:

• Well prepared.  Have all your ducks in a row and all necessary documentation, important notes, and facts to discuss with confidence.

• Non-judgmental.  Make it known that you are not taking sides or made any pre-conceived judgments.  Remain objective and see each person’s perspective.  You goal is to only find resolution, or at least reconciliation.  You want to be decisive when you need to confront, however, you will mostly be listening and mediating, especially when dealing with more than one person.

• Documenting everything!!!  This cannot be stressed enough.  You will need documentation to prove future disciplinary actions if the conflicts cannot be resolved. 

Dealing with Violence, Bullying, and Anger in the Workplace

Violence takes on many forms.  It can be a threat of force, shove, fistfight, etc.  In extreme cases, it can involve the use of a gun.  Whatever the form, it’s potentially dangerous.  Even the bully who intimidates is a threat of sorts.  These situations create low morale and damage productivity.  They can also be costly to the company due to a lawsuit brought on by the victim of the violence.

Try to look for signs of violence before it occurs.  If you or your staff sees emotional outbursts, co-workers confronting each other, employees confronting authority figures, or even unusual social behavior, you need to address the situation as soon as possible.  First try talking to the individual in private to get an understanding of the emotional outburst.  It might be related to the stress of the job, which is something you can control.  If it is an emotional issue beyond your control, get in touch with HR.  They may be able to help provide some intervention.  You might want to let the person go home early, or even take a couple of days off to deal with the emotional situation. 

The main point here is to defuse the situation before it escalates.  Bring the person into your office and talk it out.  You do not need to be a psychologist, just be there to listen and provide as much insight as you can.  Again, do not be afraid to utilize HR if it is something beyond what you can control.  If it comes to a point where serious violence can take place at any moment, get in touch with security.  If you cannot get in touch with security, call the police.  You do not want it to get to a point of no return, and you especially do not want any serious violence to take place in the office.  At the very least it should be taken outside. 

You also want to defuse the bully by establishing the fact that such behavior is not tolerated as part of the company’s values.  State this calmly and not let in to what the bully is seeking, which is intimidation.  In most cases a person is a bully because of their own fears and low self-esteem.  The best thing you can do when dealing with a bully is to never let them succeed by getting good performance results due to the bullying of others.  If they truly do good work that is not the result of intimidating others, praise the good work as you normally would.  If the bully sees that you are monitoring and recognize good results, based on true achievement or by intimidation, the bullying should subside either way.  If not, the situation should be treated as any other difficult employee issue.  How to deal with difficult employees will be covered in the next section of this lesson. 

The best thing you can do is maintain a positive, calming, anger-preventing attitude.  The leadership tips in lesson 1 can help, as well as much of what is taught throughout this course.  You might not always spot the people who are ready to explode, but you will decrease the chances if the environment you create is a positive one.  By treating everyone with a true caring attitude, you will reduce explosive situations.  If you manage and lead with an explosive authoritarian personality, your employees might want to explode as well.  This also goes for dealing with angry people in your department.  They might not be violent, but the negative emotions the angry employee is generating affects morale nonetheless.  When someone is showing signs of anger, find out what triggered the emotion and find a solution to the problem. 

Whether a person is violent or just angry, you need to always protect yourself and your team members from harm.  Defuse the situation.  Take the person outside or in your office to keep others away from your conversation.  Calmly discuss the issue, remove the person from any tools or machinery which can cause harm, let them take the rest of the day off to get a hold of their composure, and if needed, get HR and/or security involved whenever the situation is beyond your control.

Whenever you speak to an employee, whether it relates to bulling, anger or violence, always be sure to document everything that transpired.  You would need to give, at the very least, a verbal warning.  Depending on the severity, an incident report is usually written up by you or HR.   Depending on the nature of the act, suspension and/or termination is highly possible.

Dealing with Difficult Employees

Unfortunately, even when we try to hire nothing but the best, create a strong team environment, train, coach, and motivate, there is still the chance you will have a difficult employee or two.  One who:

·         Calls out sick and rides the time off policies to the very edge.

·         Does the absolute minimum work expected, but just enough to fly under the radar.

·         Testing and criticizing the office policies in place.

·         Gossiping, but not to where it can be seen in the office.

·         Backstabs fellow employees.

·         Controls a situation by using negativity.

·         Has a bad attitude.

·         Conducts themselves poorly.

The worst thing is that they do not have enough infractions to suspend, let alone terminate.  They know how to work the system.  They are the “bottom of the curve” employees. 

Everyone can’t be a star player, but they should at least be average.  With the difficult employee, there is no enthusiasm, drive, and usually a bad attitude.  Just when you think there is a chance after some private motivational conversation, they will pull the rug from underneath you once again and leave you wondering why you have this employee.  It affects the morale of co-workers and of those who work hard and follow the rules.  It tests your ability as a leader and manager, and starts to poison the well with the teams’ lack of faith in management.

Chances are, this type of behavior has not only worked for them in the past, but is simply part of their personality.  They feel like they are smart enough, and even smarter than their co-workers, to beat the system.  They become so difficult that managers and co-workers just start to put up with it, which makes the person feel like they won.  They feel they can get away with anything and even have a look about them that says, “What are you going to do about it?”  The good news is there are some things you can do to correct this type of behavior and start holding them more accountable.

No one likes to have to deal with these types of problem employees, but when you have an employee who is disruptive, has a bad attitude, or is quite frankly a “bad apple,” you need to deal with it as soon as possible.  You should never pretend this problem does not exist, or hope it somehow corrects itself.  You will lose the respect of your team if you do not deal with the situation.  You need to deal with this type of issue immediately with a “zero tolerance policy” once you start to see the cracks.  Don’t wait, it will only get worse.  It may even get beyond repair on what has already been broken.

            Steps to take when dealing with difficult employees:

1. Counsel and verbal warning: Get all of the facts and bring that person into your office without making a big scene.  Be honest, and upfront, and discuss what you are seeing and how important it is to have the whole department working in “harmony”.  Simply ask if there is anything wrong, or if there is something happening in the workplace that is causing what is perceived as “a person with a bad attitude who is unhappy at work.”  Listen and show empathy if the conversation is headed that way.  There may be some personal issues that they just need to get off of their chest.  If you get a sarcastic, “Nothings wrong with me,” then you need to state that is not what you see.  You have to be strong, but not attacking, and let them know that the behavior shown is not acceptable and needs to improve. 

Be sure you are focusing on the problem, not the person.  You are seeing a behavioral issue that you are concerned with, but do not make it seem like it is a personal attack on the person because you do not like them.  Stay calm, let them do the talking, and be sure you are letting the person know that you are truly listening by being able to recap the conversation.

Point out their strengths, and try to first focus on the good aspects of their performance rather than a perceived bad attitude.  The goal is for the boss, and co-workers, to try to see the positive, and not the negative.

Use a lot of “I” statements like, “I need to make sure the department is working in harmony,” or “I cannot accept bad behavioral problems in the department.”   Do not focus on the person and say, “You need to...”

Document and date this conversation as a verbal warning.  This is not a written warning, but shows that you did talk to the person about difficult employee issues.  The more you document, the easier it will be to terminate if it gets to that point.  The biggest mistake is to not document.  Documentation and building a case is the proof that shows you talked to this employee many times but to no avail. 

2. First and second written warnings:  Continue to confront until the behavioral problems are eliminated.  The employee might feel like they are under the microscope and you are on a witch-hunt, but this is the only way to fix the problem for good.  It might take some time depending on the situation, but you need to show you will not give in until you are completely satisfied.  Also realize you do have to show equality for all.  For example, if the employee is always just a few minutes late but within the grace period, you need to make sure if there are others with the same bad habits that they are dealt with as well.  If the issue is not resolved, then you will need to explain possible disciplinary action.  The nature of the discipline depends on the issue and HR policies.  The problem may or may not be as clear-cut as job performance or attendance issues.  Again, make sure you document the overall conversation.

You may need to ask for HR’s help as well.  There is nothing wrong with this.  You do, however, need to make sure you have truly done all you can before it gets to this point.

The overall goal is for the employee to fully understand the problem at hand, what the solution must be, and what the consequences are if the behavioral problems continues.  You should obviously never reward anyone for bad behavior, but if the person truly shows vast improvement, you can give the recognition deserved.  It cannot be seen to the team that “if you have a bad attitude, you get what you want.”   It should be seen as you had a situation that needed to be dealt with, they’ve seen an improvement in the person’s attitude and performance, and you are doing what is best for the overall good of the department.  Do not discuss any personal issues, or even what was said to the employee, with the rest of the staff.  If they ask you any questions, even in private, just say that you addressed the situation and what was said and done is confidential.  They might be a bit disappointed not to hear the juicy gossip, but you will gain more respect in the long run for keeping all employee related issues confidential.  This goes for the employee who is asking as well. 

3. Suspension and/or termination.  If it gets to the point where you have tried everything mentioned in steps 1 and 2, and the employee is still not willing to change behavioral problems, then you need to begin suspension and/or termination procedures in accordance with your company's policies.

Dealing with Poor Job Performance and Required Expectations

You have given them training and clear expectations, but the employee is not performing up to standard.  This may be related to the difficult employee just described.  It may be an employee with a great attitude but is lacking the skills needed.  It might be a personal issue.  When you see an employee whose work is poor, or misses a deadline due to procrastination, making up excuses, or blaming others, you have a problem.  It can simply be a lack of confidence or direction.  Maybe it is just too much of a task for this person to handle.  You will be able to track job performance through performance reviews as discussed in lesson 3, unfortunately, however, performance reviews are usually held annually or semi-annually.  If you do not have a monthly performance review in place, there’s a good chance that problems could occur between reviews. 

Steps to take when dealing with poor job performance:

Before anything, show confidence in the employee's ability and that you recognize they are trying and are willing to solve the problem.  Ask the individual if you can help in any way.  Approach the situation with a positive and ensuring attitude.  If they are defensive or showing an obvious lack of care, go directly to step 1.

1.      Verbal warning:  If there are signs of cracks, bring them into your office as quietly as possible without embarrassing the employee, and just verbally discuss the issues at hand.  Let them know that this is more of a heads up and not necessarily going to be a write up.  Focus on the problem or behavior that needs improvement, not the person.  Ask for the employee's view of the situation.  Is the problem related to:

·         The employees’ immediate supervisor?

·         A process issue?

·         A lack of training and/or is the training relevant to the job at hand?

·         Insufficient or a lack of tools?

·         Personnel issues regarding co-workers? 

If so, the responsibility is yours and you need look at ways to remedy the situation.  Discuss potential solutions to the problem or improvement actions to take.  Ask the employee for ideas on how to correct the problem.  Offer suggestions so that the employee knows you are prepared to do what it takes to help them improve.

If it’s a personal issue, you should show your concern and suggest they should talk to HR.  Make sure they realize how important they are to the company and how it is imperative that they’re performing up to job expectations.

Let the employee know you will have to give a written warning if their job performance does not improve.  Agree on a written action plan that lists what the employee will do to correct the problem or improve the situation, and what you will do if you need to provide more training or better tools of the trade to use.  Document and date this verbal warning.  This is not a written warning but shows that you did talk to the person about performance related issues.

2.      First written warning:  If the problem is still occurring, and assuming you have done all you can on your end to remedy the situation, bring the individual into your office again, but this time showing how serious the situation has become.  Have examples prepared to be able to discuss.  You should also already have the written warning filled out to give to the employee once the meeting is over.  Set a date and time for follow-up.  It would be a good idea to set up a checkpoint so you or the employees’ immediate supervisor knows how the employee is progressing on the plan.

3.      Second written warning or suspension:  If there are still problems at the follow-up review or soon after, this would be a time to either give a second written warning or suspension, which is usually between 1 and 5 days.  This all depends on the HR policies already established.  If the employee refuses to improve, they should be terminated.  It is extremely important to always document any conversations and coaching performed that is related to the issue at hand.  You will need this documentation if it gets to the point of suspension or termination. 

4.      Suspension and/or termination:  If no improvement in performance occurs, you should proceed with a temporary suspension without pay.  The intention to suspend should be confirmed in writing with details of start and end dates.  HR will be involved and your presence may or may not be required.  It is imperative that you have documented every meeting with exact detail.  This might be needed if it ever goes to court.

If it is determined that the employee should be terminated, the employee should be advised that as a result of poor performance, they will be dismissed.  At this point, HR policies regarding pay and benefits will be discussed.

Dealing with Attendance issues

People take days off and are sometimes late for work.  That is a given.  The most common problem is when people take days off when they are not sick, such as wanting to stretch the weekend into 3 days, but when they really are sick, they come into work because they have run out of sick days.  This is not good for the employee or other employees as they can become sick.  The real problem, however, happens when they call out sick after they have exceeded the sick days allowed for the year.  You can’t turn a blind eye to this behavior and it is unfair to those who make it a point to come to work everyday and are on time.  It is usually just a couple of employees who are the culprits.  It is especially hard to deal with attendance problems with a person who is otherwise a great employee.  Nonetheless, you have to deal with it, and with equality to all.

Here are eight points to keep in mind on how to control and possibly reduce attendance issues:

• Make sure your employees understand your view towards attendance.  Make it a point to share your passion towards having a low absentee and tardiness department.  Your supervisors also really need to fully understand the attendance expectations as they are on the front line and will see the infractions much more easily than you.  If HR has not created one, have an attendance policy that clearly lays out the guidelines.  Also lead by example by getting to work a bit early, leaving a bit late, and rarely, if ever, call out sick.

• Have your employee’s call you direct instead of their immediate supervisor.  They might think twice knowing you, the manager, will answer the phone or hear the voice mail.

• Maintain accurate records.  There are easy to use software programs to track attendance.  You can even use something like your Outlook calendar to make a note of each infraction.  Create easy to use codes to not take up too much space.  For example, instead of John Doe called out sick or John Doe was 15 minutes late, use something like JD-S or JD-15m.

• Look for trends.  If you see an employee call out on a Friday or Monday, chances are they are taken advantage of sick days for pleasure.  If you see an employee call out at the end of the month when your department is at its busiest, you most likely have someone who is not a team player.  If an employee is always around 5 to 10 minutes late, it’s not just a one off traffic jam but someone who just is not making the effort getting ready and to work on time.  You might even see repetitive signs of sickness or tardiness with the employee looking like they have been partying all night.  You want to address these trends as soon as possible.

• Individual problem - have a one on one meeting.  Multiple people - hold a team meeting.   When you have an individual or two who are repeat offenders, you want to deal with them separately.  Don’t punish all for a few problem employees.  However, when you are seeing a trend with multiple members of the team with attendance issues, you need to hold a team meeting and show the statistics.  Stress how it can damage the achievement of goals.  Reducing absenteeism might even turn into a goal in itself.  This will show all that you are serious about attendance, and how their attendance is important to the overall success of the team.  Stress that you should not have to hire more people to achieve the goals due to poor attendance.  This will put on certain peer pressure that can work to your benefit, especially if you offer a reward to the team if they achieve an attendance record you have set.

• Allow for personal business.  It is better for your employees to be up front and tell you the truth.  There might be a few occasions when someone needs to take some time off in the day to handle something that can only be dealt with during business hours.  Just make sure they do not take advantage of this gesture.

• Create an award program for those who do not call out or are tardy for a certain period of time.  It can be a paid day off or other ideas that were given in lesson 3.  It shows that even though you are a stickler regarding attendance, you want to show your appreciation to those who make it a point to show up to work and being on time.

• Have them make up time missed to make up for time lost.  Depending on state laws and company policy, this may be an option.  If not, can they use some of their vacation time, or get no time if they have already used up all of their sick time?  The “no time” means they would not get paid for the time missed.  It would affect hourly/non-exempt employees much more.

            Steps to take when dealing with attendance problems:

1.      Counsel and verbal warning:  E-mail, or get their attention privately as to not embarrass the individual, to meet in your office.  Start off by stating you are concerned over the absences or tardiness.  Establish the reasons and determine what needs to be done to improve the attendance issues.  If the problem does not appear to be a major health issue of any sort, you should advise the employee that an improvement in attendance is expected, or the next step in the procedure will be taken.  There should be no more attendance problems for the following 6 months.  Monitor the attendance monthly and proceed to step 2 if the problem continues.  Document this meeting and consider it a verbal warning, not a written warning.  You should notify HR if there are any medical issues that can possibly keep the employee out of work for any length of time.  If the doctor confirms fitness for work, the employee needs to be warned about the consequences of continued absence.

2.      First written warning:  If the employee’s absences continue, set up a second meeting.  State the purpose and be prepared to discuss the reasons for the absences.  Talk about the implications and how it affects the team and department, not to mention the company, and warn that if the problem continues, employment may be suspended and/or terminated.  This all depends on how HR has set up the attendance policy.  Document this meeting and consider it a written warning.  Monitor for improvement, if there are still problems, go to step 3. 

3.      Second written warning or suspension:  If there is still no improvement, consult with HR on what should be done next.  If you can, and would like, set up another meeting with the same criteria as described in steps 1 and 2.  Listen to what the employee has to say, and let them know you will get back to them to determine the next step.  You can either give another written warning stating the next infraction is automatic suspension and/or termination, or go straight to the suspension stage.  Again, this is determined on the existing HR policy.

4.      Suspension and/or termination:  If no improvement in attendance occurs, you should proceed with a temporary suspension without pay.  The intention to suspend should be confirmed in writing with details of start and end dates.  HR will be involved and your presence may or may not be required.  It is imperative that you have documented every meeting with exact detail.  This might be needed if it ever goes to court.

If it is determined that the employee should be terminated, the employee should be advised that as a result of excessive attendance issues, they will be dismissed.  At this point, HR policies regarding pay and benefits will be discussed.

Before you take drastic measures with all that has been discussed so far in this lesson, make sure the problem is not morale related or some other underlying issue.  The fault might be yours due to departmental cracks, which you will need to find out what is wrong and fix as soon as possible. There might also be a problem with the time clock, parking situation, or scheduling that you should do your best to fix, or come up with an alternative solution.

Dealing with Firing or Laying off an Employee

One of the most difficult tasks you have to face as a manager is firing employees.  This is the part of the job that most people dread.  You should not fire anyone unless you are absolutely certain that it is deserved, however, most managers wait far too long to finally fire an employee.  If you have provided clear expectations, and have implemented the associated steps and tips that have been discussed in this lesson, you will be justified in the decision and it should come as no shock to the employee.  By utilizing all of the leadership and management tools taught in this course, you will have behaved ethically and legally, and again, justified in your decision to fire.  Besides, if you do not fire an employee who truly deserves to be let go, you will lose respect within your department.

The employee who, breaks the rules, is not performing up to job expectations, has a poor attendance record, or causes difficulties in the workplace, needs to be let go.  It is not good for the organization, and in many cases, it might just be the right thing for the individual.  There are times when an employee is almost subconsciously begging to be let go to venture out to new things, but does not want to quit due to job security.

As stated many times throughout this lesson, documentation is an absolute necessity.  Even when it is just a verbal consultation, it needs to be documented.  Without the proper documentation, you may see yourself in a wrongful termination lawsuit.

HR is your best friend at this juncture and if you have provided full documentation and followed the company guidelines, you will not only look good in their eyes but the firing process will be that much easier.  The same applies for laying off an employee, as only a few steps would need to be modified.

            Steps to take when firing an employee:

1.      Hold the employment termination meeting.  This is the time when you tap the employee on the shoulder and have them come into your office immediately.  Even if they are in the middle of something, once you made the attempt to talk to the employee, it needs to happen right away so that there won’t be anytime for the employee to think about what’s to come.  The employee’s supervisor and/or a HR representative should also be present.  The IT department needs to be notified as well to lock them out of their computer.

2.      Don’t be tentative and dance around the subject, just be straightforward, look the employee straight in the eyes, and let them know that you have to let them go. 

3.      Even though it should come as no surprise to the employee, you will probably be asked the question, “Why am I being fired?”  State the reason for the employment termination.  Have some quick notes prepared to be able to touch the main points.  Be calm, quick to the point, and compassionate.  Don’t say more than you have to or else the focus might be on a moot point.  Keep this termination process as short as possible.  You can say something like this:

“As you know from our past conversations, we discussed the importance on meeting the required standards (you can modify as needed to the subject at hand).  I think the way we approached and tried to rectify the issue was fair and reasonable.  I think I made it pretty clear it was imperative that you met those standards.  I don’t believe it was any lack of effort on your part; however, we are going to have to terminate your services as of today.  I really wanted this to work out but unfortunately it has come to this point.”

4.      The employee might want to ask a couple of questions.  You will be so prepared that you should feel comfortable to discuss how it got to this point.  Don’t discuss it for too long, you want to answer the questions and end the conversation as soon as possible.

5.      The employee might be acceptable and want to end the experience as soon as possible.  If that is the case, you do not need to lengthen the process by continually talking.  HR will take it from there to discuss any possible severance pay, last paycheck, vacation balance, health coverage, etc.  If, however, the employee is upset and lashes out, don’t lose your cool.  Let them get it off of their chest, but just for a short period of time.  Make sure you maintain composure, no matter what the employee is saying, and know when to say, “I understand you’re upset, however, we gave you many opportunities to improve so we would not have to be in this position.”  Stay compassionate and respectful, and then give a nod to HR that you’ve said all what you have to say and let them take over.  They will most likely bring the employee to their office.

6.      If the employee is not showing any signs of being too upset, you can give some advice on how they can further their skills or find another job through an agency, online, etc.  Tell them about their strengths, for example, that they are a team player and should look into a position that utilizes their nice and compassionate personality.  If you can build their self-esteem with the employee leaving on a positive note, you have done a great job during this tough assignment.

7.      If the employee needs to go back to their desk to pick up some personal belongings, you, and preferable a security guard, should be with them at all times.  You do not want the employee to explode on the floor, so you want to get in and out as soon as possible.  The computer should have been locked down, but just in case, do not let the employee touch the computer.  You do not want a company wide e-mail with slanderous remarks going out to everyone.  You can always offer to pack up the employee’s belongings and they can pick it up after hours from the HR office.

8.      HR will most likely meet with the individual in their office to discuss possible severance, when their last paycheck is coming, when benefits terminate, and any information regarding extending their health coverage or any other details.  HR will also collect the employees badge, swipe card, and any other needed material.  Due to the employee being terminated, this would be considered the employees exit interview.  At that point the employee will be walked out of the building. 

9.      Your department will be talking about what they saw and will be anxious to find out what is happening.  Explain to the team that the individual is no longer with the company, without going into too many details.  Leave it at that.  They will figure it out for themselves and you want to be seen as a “quietly strong leader.”

If you have to layoff employees, you can use the same steps as just described, you would just have to modify steps 3 and 4 to fit the reason.  This reason for the layoff might be due to your company being part of a merger or downsizing due to financial reasons.  It could be because you are just overstaffed.  In tough economic times, it should come as no surprise.  It will still be quite a shock and you will need to show extra compassion during this tough time. 

This might be a little tougher on you, because you might really like the person, and they are being let go for no fault of their own.  On the other hand, it might be considered easier to layoff someone because it wont be due to an attitude issue, poor performance, conflict, etc.  In some cases, people actually want to be part of a layoff in order to get severance pay.  They might want to start over on another career path or just retire early.

If an employer calls you for a reference from the terminated employee, just state the title and dates of employment.  If you give any more information, you might be drawn into a libel suit.  Most likely HR will answer these questions, and if the call comes to you, it would be best to just transfer the call to HR.

In some circumstances, firing an employee is an immediate necessity for the safety and well being of the rest of your employees such as:

• Is physically violent.
• Brings a weapon to work.
• Arrives to work under the influence of drugs or alcohol.
• Views pornographic movies on work computers.
• Steals company property.

You may need to confer with HR first, however, these types of situations need to be dealt with as soon as possible.  If you feel that the employee is violent and could be a danger, utilize the same advice given earlier regarding violence in the workplace.

Point to keep in mind.  If you work in an organization that is part of a union, the employee should be advised that they are entitled to be represented by a union representative for any requested discipline meetings.

A short story about conflict in the workplace

John had a great team, but one employee in particular just had a bad attitude.  This was an employee John inherited when he became manager.  This employee was always negative, did not act as part of a team, and was arrogant in everyway.  John talked to this employee to try and inspire and encourage (including documenting this verbal warning), but after a short period of time, the employee fell back into their usual ways. 

Only a few weeks after John spoke to the employee, a loud disagreement between this employee and another happened on the main floor.  It was loud enough to have people stop in their tracks wondering what was happening.  John immediately went to the floor, and calmly asked each employee to stop by his office.  He talked to them about how conflict in the workplace is unacceptable, gave a verbal warning for one of the employees, and a written warning to the employee with the bad attitude stating that if this behavior continues, suspension and/or termination would be the next step taken. These warnings were done separately as not to embarrass each employee. 

It was a bit of a shock to the employee with a bad attitude that a written warning was given, however, John made it perfectly known that this was not the first time they met because of this team-affecting behavior.  John also was not quite as caring as he was at the first meeting.  He took out the notes from the last meeting and went over what was discussed, including that a written warning would be given if the behavior continued. With this documentation, the employee had no choice but to accept the written warning.

That put a scare into the employee, who from that point on had no more attitude issues.  The employee’s personality and character stayed the same, but there were no more negative comments or further disruptions.

Epilogue:  When you have an employee who is disruptive in any way, they need to be dealt with before it becomes habit forming.  Don’t wait until the bad apple has spoiled the lot.  Talk to them right away.  State that their disruptive behavior is disrupting harmony in your department.  If this did not work, the employee will most likely disrupt the harmony again, however, this time you can give a written warning with more of a stern approach.  Warnings of possible suspension or termination are usually quite effective.

Quick Lesson Summary

• You got to take the good with the bad.  Setting up a department, hiring great employees, and motivating and rewarding are the positive parts of management.  Unfortunately, you have to be prepared to deal with the negative side as well.

• Always be ethical, legal, caring and compassionate.  These traits will keep you out of trouble.  You should try to inspire your staff to act the same way.

• Know how to determine and deal with conflict as soon as possible.  Use both knowledge obtained and common sense to work out the issues with the individuals.  Know the severity of the conflict, as you might need to get HR involved.

• Conflict and difficult employee situations differ from poor job performance and attendance issues.  You need to approach the conflict and difficult employees on an individual case basis.  Nonetheless, you need to always document every infraction.

• Although firing an employee is not the most pleasant thing to do, when necessary, it is the right thing to do.  When you know that you have done everything you could to help the individual, followed HR guidelines, and gave verbal and written warnings with absolute clear expectations, you can feel justified and confident in your decision.  Besides, your department is counting on you to deal with the major problem.  Many times it is actually the best thing for the employee as well.

• Don’t hesitate if you have to deal with a violent employee.  Get security, or even call the police, if anyone, including the violent employee, is in immediate danger.