1. Congratulations! Now Go Supervise Some People A Guide for New Managers

2. Major Challenges • Communications • Stress • Time Limitations • Laws

3. Luz Cannon The explosive personality

4. Responding to Luz • Zero tolerance for temper tantrums • Remind employee of Firm harassment policy • Discuss appropriate ways of dealing with anger and frustration.

5. But what if Luz is the smartest employee in the department?

6. Legal Minefields • Harassment claims (sex, race, national origin) brought by other employees. • Tort claims: assault, battery. • ADA claims: Mental illness.

7. Carl Complainer Always Unhappy and Complaining

8. Responding to Carl Complainer • NEVER IGNORE COMPLAINTS • If the complaint has ANY Substance refer to Human Resources or Higher Management • Ask Who, What, Where When. • Listen objectively. • But avoid labeling the complaint. • Address complaint.

9. Be Aware of the Legal Minefields • Retaliation for complaining about discrimination. • Retaliation for complaining about unsafe work practices. • Retaliation for complaining about overtime practices. • Retaliation for engaging in concerted activity.

10. Patsy Aggressive Very Competent but . . .

11. Responding to Patsy Aggressive • Address the Problem. • “You don’t seem very happy working here, Patsy?” • Focus on behaviors and words. • Point them out soon after they happen. • Document, document, document • Explain why Nancy’s behaviors and words present a problem • Help her take small steps • Help her channel her strengths

12. Felicia Friday Frequently absent Always has an excuse Frequently late

13. Dealing With Felicia Friday • Keep accurate attendance records • When dealing with a problem employee, focus on how the job is not being done, not on the employee’s condition. • Generally avoid making unnecessary medical inquiries. • Be willing to make reasonable accommodations.

14. Working with Felicia Friday • Make it clear that we don’t discipline people because they are sick. • But you can discipline an employee for: • Not following call-in policies. • Not giving advance notice. • Offering inconsistent explanations. • Fraud. • Address the burden that Felicia’s absences cause on the Firm. • Look for a compromise.

15. Legal Minefields • FMLA provides 12 weeks for • Serious medical condition of employee. • Serious medical condition of spouse, parent, child. • Pregnancy, adoption, foster child. • Americans with Disabilities Act • Employer cannot discriminate against an employee who has a disability. A “disability” is defined as a physical or mental impairment that substantially limits a major life activity. • Requires reasonable accommodations for disabled employees.

16. Marty Mediocre Fails to perform as required

17. Handling Marty Mediocre • Communicate regularly • Be positive. • Be fair. • Be honest. • Be specific. • Provide measurable goals. • If there is no improvement, determine why not. • Have we given the employee clear guidance? • Does the Peter Principle apply here? • Can the job be restructured? • Document.

18. Beware of the Legal Minefields • Are we treating him differently than similarly situated employees who are younger or of a different race? • Have we made any promises to this employee? • Are the performance problems caused by some disability that we know about and for which we might be able to provide some reasonable accommodation?

19. Major Challenges Revisited • Communications

20. Major Challenges Revisited • Stress

21. Major Challenges Revisited • Time Limitations

22. Major Challenges Revisited • Laws

23. Being a Good Supervisor • Communicate expectations clearly. • Have reasonable expectations. • Be consistent and fair. • Focus on actual behaviors when offering criticisms. • Be respectful. • Document problems. • Involve human resources.