Archive for the ‘Training and Development’ Category

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Important Tips for Communicating with Difficult Employees

Tuesday, October 25th, 2011

In a previous post, an Effective Approach to Managing Difficult Employees, we began looking at the challenges managers face when dealing with difficult employees. In this post, we review a few helpful techniques in communicating with these employees.

Every manager encounters difficult employees. One element of a manager’s role is to meet and communicate with disruptive employees in an attempt to facilitate behavior and performance improvement. Effective communication is the key to ensuring successful outcomes to such encounters. Learning a few communication techniques should foster a productive, positive attitude on part of the employee.

The Script

Before meeting with an employee, the manager should prepare a “script.” Design the opening of the dialogue such that the employee will be receptive to conversing with you. Request their assistance. Identify the issue and the possible causes, clarify their role as part of the team and define company policies concerning the matter. Engage the employee to assist with solution seeking. Remember to recap the conversation and confirm agreed upon solutions. Ensure that communication is honest, courteous and direct. Be clear about expectations and intentions and be open to feedback. Communication includes listening as well as speaking.

Assertive or Aggressive?

A manager should attempt to speak in a manner that is assertive without being aggressive. Assertive communication clearly defines your needs while maintaining a courteous and respectful attitude toward the audience. Aggressive communication adopts a posture that will usually put the “audience” on the defensive. Use phrases such as “I know how you feel”; “I have felt that way too”; “Here’s what I did…”; “It seems like…”; “If I hear you correctly, you would like…”.

Feedback

One of a manager’s responsibilities is the continuous, informal and formal evaluation of his employees’ performance. Managers would do well to provide positive feedback, motivating their employees to improve performance.

“You know Jack, you’re a natural leader, and the quality of your work is really great—when you are here, that is. If it weren’t for your attendance, I might think about giving you more responsibility.”

Negative feedback will cause people to become defensive and resentful.

“Jack, you’ve been out three days this month and this morning you’re late for the fifth time. Are you planning to set a new record? Frankly, your attendance stinks. If thing don’t change, you’re in big trouble!”

Communicate Expectations

Managers hoping for improved behavior on part of their employee must clearly define their expectations. People aren’t mind readers and may have a completely different understanding of what is expected of them from what you perceive. In defining expectations (for yourself as well as the employee) you must be specific, even detailed if necessary. Use behavioral terms. For example, “I want you to treat me with respect.” This is a subjective statement. How would a person BEHAVE if they were to treat you with respect? This is what should be defined.

“I want you to be more of a team player.” How would a team player behave? Instead, one might say “I would like you to attend all departmental meetings and provide assistance to coworkers who request help.”

Conclusion

Communication with employees, even difficult ones, can be a productive, positive experience, provided that one prepares in advance and uses effective communication techniques. Clarify matters for yourself beforehand, focus on strengths, provide positive feedback, refrain from attacking and yet be determined and clear. The resulting performance improvements will strengthen your belief that a positive, constructive and productive work environment is possible.

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An Effective Approach to Managing Difficult Employees – Part 1

Tuesday, September 20th, 2011

Disruptive employees impact the dynamics and interfere with the overall productivity of the work environment.  Part of the managerial process consists of dealing with difficult employees. Supervising can be challenging at times, but careful planning and implementation of effective strategies for dealing with difficult employees can facilitate a positive, constructive and productive work environment.

Hesitation

Often the fear of confrontation and escalation of behavior prevent managers from tackling problems with employees. Inaction will lead to more substantial problems, so you must gather your courage and meet challenges head-on.

Creating a plan can provide you with greater confidence and direction. Explain the plan to the employee as it relates to expectations concerning the employee’s behavior and performance.

Resolutions and Solutions

A manager should always remain calm. Objectively define the issue, viewing it as solely work-related and not as a personal concern.  Clearly determine what the issue is and remember to use only facts. 

Begin the solution process by defining your goals. Determine what end results you are seeking. Ensure that goals are reasonable, attainable and aligned with the goals of the individual, the department and the company.

Clarify the actions required to ensure proper completion of the goals. Ascertain whether you possess all the necessary tools and support to accomplish your objectives.

Define what you believe would be an ideal solution (one that benefits the company, the department and the employee). Always check with HR to verify that your actions are legal and consistent with past procedure. Keep an open mind, and frequently self-asses to ensure that you are remaining objective.

Determine if any obstacles exist and if so, how they could be overcome.

Determining Obstacles

Obstacles on part of the employee may fall into one of three categories.

  • Don’t Know- The employee does not know what you want, so they are not completing the job.  The solution is to communicate clearly and gather feedback. 
  • Can’t Do- The employee lacks the ability to do the job.  Insufficient training or ineffective resources and tools are possible causes.  Analyze the situation and provide the necessary training, improve the resources and tools, restructure the job or even transfer or terminate as a last result.  Termination is the preferred choice only if the employee genuinely does not have the capabilities to do the job and training is not a reasonable option. 
  • Won’t do – An employee may refrain from performing their job properly if they suspect that they will lose more than they will gain. They may believe that they will be punished if they do a good job (more work, harder assignments), they will be rewarded for a bad job (less work and duties), they perceive that their work doesn’t matter or they just don’t care anymore.

In our next post, we will tackle the solutions that can make real changes to your company.

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The Five Characteristics of Difficult Employees

Tuesday, September 13th, 2011

Everyone suffers when there is a difficult employee in the workplace.  An astute manager can recognize difficult employees, determine whether their behavior can be changed and whether or not they should be terminated.  

How to recognize a difficult employee.

A manager must be able to recognize the behavior of a difficult employee. Difficult employees have a damaging effect on the workplace when they put a negative spin on decisions, undermine authority, create hostile work relationships, damage group moral and so much more.  A difficult employee will also spread rumors, refuse to cooperate, break the rules, avoid work, be frequently late, complain constantly and display anger.

A manager must first determine if the difficult employee has a performance problem caused by issues outside of work such as abuse, physical abuse, substance abuse, financial, family or personal health, and/or emotional.  In these cases, a manager may want to encourage the employee to consider outside help.

The Five Types of Difficult Employees

It must be decided if the difficult employee has a personality or behavior problem in order to decide on a course of action.  There are five personality types: The Bully, The Procrastinator, The Passive Aggressive and The Gossip and The Constant Critic.

  1. The Bully. Personality traits for the Bully may include physical and verbal intimidation, shouting, profanity, throwing objects, blaming others and threats.  This behavior is often caused by low self-esteem and from seeking control. In order to deal with a bully, a manager should be firm; use open-ended questions; not compete, take notes, and require their cooperation to sit down and talk. If there are frequent outbursts,  it is critical to address the issues immediately to ensure a safe workplace.
  2. The Procrastinator has trouble starting/completing tasks and lacks motivation. This is caused by a fear of humiliation, rejection, and failure.  It helps to set procrastinators up on a specific timetable, with required “mini” updates. Also, a manager must be prepared to re-assign the project to someone else.
  3. The Passive Aggressive is friendly to your face and negative behind your back.  Not a team player, they agree with everything but end up doing what they want.  The passive aggressive is angry but dislikes confrontation.  The manager should be specific; concrete in expectations; clear about consequences; and try not to over supervise this type.
  4. The Gossip talks to everyone about anything due to an extreme need to be liked and accepted. The manager should never participate in gossip and immediately identify it while using disciplinary action if necessary.
  5. The Constant Critic falsely accuses and undermines others behind closed doors, including the boss and company decisions.  This type also humiliates others in public settings in order to control the emotional climate at work. 

How to determine if the behavior of a difficult employee can change.

Meeting with the employee will determine if their behavior can be changed. First, a manager must be calm, consistent in communication, and courteous.  Before the meeting, objectively define the issue, decide the ideal outcome and write a script.  The script should be designed to keep the employee open to conversation and ask for their assistance.  Start with a goal, which should be aligned with the goals of the individual, the department and the company.  One should be specific in defining expectations.  Be clear on both the manager’s role and the employee’s role. Identify the issue and possible causes; clarify workplace policies, and ultimately seek a solution from the employee.   Create a time frame for how long the solution should take.   At the end of the meeting, recap the conversation and confirm agreed upon solutions.  Be sure to document the conversation and use progressive discipline if appropriate.

Should the Employee be terminated?

First, determine if the workplace is creating “difficult employees.”  For example, the following workplace issues can create difficult employees:

  • when a manager prefers to avoid conflict;
  • has discomfort being a disciplinarian;
  • employee’s strength mask the weaknesses or “snows” the manager and coworkers;
  • personal friendship between the manager and the employee.

If the workplace is not to blame and the behavior of an individual becomes excessive such as going beyond the company’s policies and procedures and interfering with productivity and/or safety of themselves or others, it may be time to terminate.  This must be carefully considered since terminations affect credibility and morale, turnover costs are high, and unlawful termination claims should be avoided at all costs.

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California Employment Laws & the Risks of Not Training Management

Tuesday, July 19th, 2011

California employment law code requires employers to provide regular training to their management staff. Covered under AB1825, also known as California’s sexual harassment training law, employers with more than 50 employees are required to provide their managerial staff training every 2 years on anti-harassment policy and proper workplace conduct.

While many employers do not feel the need to educate their staff on proper anti-harassment policy, the impact of non-compliance can be enormous.

The Risks of Not Training

Violating AB1825 itself carries no penalties. However, the Department of Fair Employment and Housing (DFEH) is a California agency that performs duties on a state level that the EEOC performs at a federal level.  It investigates claims of discrimination and harassment and administers FEHA, the Fair Employment and Housing Act of California.

Not training is like driving without a license.  If you don’t get caught, all is well.  When you do get caught, the ripple effect becomes very expensive. In 1985, the California Legislature made it a violation of FEHA if “an employer . . . fail[ed] to take all reasonable steps necessary to prevent discrimination and harassment from occurring.”

In 2003, the California Supreme Court ruled that an employer is strictly liable for all acts of sexual harassment by its supervisors.  Since employers can be held liable for the acts of their supervisors, it goes without saying they would want to train those individuals.

An exact penalty has yet to be determined, if a supervisor is accused of harassment and it is revealed that the legally required sexual harassment training did not take place. However, it is likely that damages imposed upon the company will be significantly greater than if the company had complied with the law and conducted the appropriate training.  Additionally, penalties and fines for each individual who should have but did not receive the appropriate training may be imposed, though no specific dollar amount was designated. Legal counsel has recommended penalties ranging from $100 to $1000 per person. Past Supreme Court decisions clearly outline that the presence of proactive training can greatly reduce and even eliminate punitive damages.

If a claim is filed against your company, the DFEH will immediately require documentation of all trainings including:

  • The number of supervisory employees in the last year;
  • Dates of sexual harassment training in the last year;
  • A copy of the sign-in sheet;
  • signed acknowledgments of participants;
  • Name and qualifications of the trainer;
  • Copies of all training materials.

So what should you do?

Make sure you are compliant with the law!

  1. Keep electronic and hard copies of your documentation of trainings for at least two years
  2. Handout the policy annually to all staff as a “refresher” reminding them of the rights and responsibilities;
  3. Routinely make sure training material is current and up-to-date;
  4. Always, always check with employment counsel if you have any questions.

If you are in California and California employment laws such as AB1825 apply to you, train all your supervisors, managers and lead people.  If you have less than 50 employees, train everybody anyway – the DFEH expects it, and it’s the smart thing to do!

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Harassment Training and the California Labor Law Requirements (AB-1825)

Thursday, July 14th, 2011

On January 1, 2005, AB-1825 went into affect. Also known as California’s Sexual Harassment Training law, the law begins by stating that all employers in California with 50 or more employees must comply. Employees include full time, part time, temporary, contractors, agents, and seasonal workers (CA Gov Code sec. 12940(j)(5) who work under contract for each working day in 20 consecutive weeks in the current calendar year or preceding calendar year. The law has a fairly broad and encompassing definition of “employee”. Finally, the law only applies to California based employers, though employees may be located anywhere in the world.

When AB1825 was passed it became more than an expectation, it became the law, requiring the management teams of businesses with 50 or more employees to be trained according to specifics as outlined by AB1825.

Who must attend training?

AB1825 applies to all lead people, supervisors, foremen, managers, and owners (if present at work). Essentially, it applies to any employee that can directly impact an employee’s status, exercises independent judgment, directs other employee, or has the authority to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, adjust grievances, or discipline other employees.

It also applies to those who may not have direct authority, but can recommend and greatly influence the employment status of an employee. These managers and supervisors are perceived by the employee as an individual with greater authority than the employee, and these individuals have the power to influence the decision of those who make the choices regarding an employee’s status.

When must they receive training?

Newly promoted or newly hired supervisors must receive this training within 6 months of assuming their responsibilities. After that, they are required to join in the normal 2-year cycle for the company. This may require retraining sooner than 2 years. California is specific about a company having only 1 designated training year or cycle.

If a newly hired supervisor/manager can provide proof of training, and the employer chooses to accept the proof (having verified it’s authenticity) then they must have the new employee sign an acknowledgement that they have received the company’s policy and then they will go into the retraining cycle for the company.

Duration of Training

A minimum of two hours of highly interactive harassment training is required. Two hours of training is defined as “two hours of classroom, or two hours of webinar or no less than two hours of Elearning.”

In addition, training should go beyond sexual harassment to cover other protected categories, such as general harassment and discriminatory employment practices. This additional information you add in can be included within the two hour time frame

Frequency of Training and Tracking Requirements

Managers, supervisors and lead-people are required to undergo training every 2 years.

There are two methods permitted for tracking the two-year retraining requirement:

a) Individually. This is very effective for smaller groups of supervisors and managers. With this method, employers can track each supervisor individually and they must complete retraining no later than the anniversary of the two year training date.
b) Training year tracking. A “training year” is designated as the retraining period, and the retraining of all management staff must be accomplished within that time frame. For example, a large employer with hundreds of managers establishes May as their training month, so managers trained in May of 2011 will all be retrained in May 2013. All managers hired after May 2011 will also receive retraining in May 2013.

Conclusion

Obviously, creating and maintaining a compliant harassment training schedule is no easy task. However, aside from being a California labor law requirement, for few hours every two years, the expense and minimal time investment dramatically outweigh the consequences of a lawsuit. Even if no litigation occurs, a well behaved staff and professional work environment will be more productive for everyone. When people feel safe, when they are treated respectfully and with dignity we see powerful and positive results: improved morale, greater employee loyalty and dedication which reduces turnover and conflict which in turn leads to greater quality and productivity. Clearly, a win-win scenario for everyone.

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The Benefits, and Obligations, of Unlawful Harassment Training

Tuesday, July 12th, 2011

There is no question – employment risks in the workplace abound. In addition to increased employment litigation, the EEOC received a boost in funding and personnel to address the increase in employee claims. Despite an increased awareness and concern by employers to comply with the law, problems still exist and the EEOC is more vigilant than ever in addressing all the complaints it receives.

In 1998, the United States Supreme Court ruled on two landmark cases which ultimately placed a great deal of emphasis on the need for education and training in the workplace. The court emphasized that a legitimate defense against liability or damages would occur providing the company can prove, by a large amount of evidence, two factors:

  1. The company exercised reasonable care to prevent and promptly correct any harassing behavior;
  2. The plaintiff unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise.

These decisions began to spell out the steps an employer and an employee must take to remedy harassing situations at work.

Taking a proactive approach

Many companies have policies and provide them to their staff upon hire or orientation.  The concern is that they don’t take the time to explain the policy or the avenues available to an individual if they wish to make a complaint.  In addition, managers are woefully unaware of their actual duties and responsibilities, relative to accepting and responding to complaints.

Managers and companies can no longer take a passive approach.  Telling an employee about a policy is insufficient.  Management must become proactive in educating all employees, reinforcing an open-door policy and responding immediately to all inappropriate behavior in the workplace.

EEOC and Training

The EEOC is a federal agency that investigates claims of discrimination and harassment.  It has stated that it expects employers to train workers, and they will require evidence and documentation of this training if a complaint is filed with the agency. According to the EEOC Guidelines, “prevention is the best tool to eliminate sexual harassment in the workplace from occurring.  They should clearly communicate to employees that sexual harassment will not be tolerated.  They can do so by providing sexual harassment training to their employees and by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains.”

The Benefits of Training

There is a direct relation between the training of supervisors and managers, and a reduction in complaints.  The more people who are aware of the standards expected of them at work, the less likely there is for bullying, harassment or ignorant behavior.  Training helps us understand what professional behavior is and why it is so important to support it. It clearly defines the boundaries of what legal behavior is, and what activities cross the line and break the law. Training is intended to help people understand these boundaries, to make a distinction between behaviors inside and outside the workplace, and to lay the expectations of professional and acceptable behavior at work.

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