How to Effectively Deal with Conflict in the Workplace

1. Fisher & PhillipsLLP ATTORNEYS AT LAW Solutions at Work® How to Effectively Deal with Conflict in the Workplace Presented by:Laura P. Jordan Phone: (503) 242-4262Email: ljordan@laborlawyers.com www.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

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. Fisher & PhillipsLLP ATTORNEYS AT LAW Solutions at Work® Thank You! Follow up and final questions? Presented by:Laura P. JordanPhone: (503) 242-4262Email: ljordan@laborlawyers.com www.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