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How to Effectively
Deal with Conflict in
the Workplace
Presented by:
Laura P. Jordan
Phone: (503) 242-4262
Email: ljordan@laborlawyers.com
Atlanta • Boston • Charlotte • Chicago • Cleveland • Columbia • Dallas • Denver • Fort Lauderdale • Houston • Irvine • Kansas City • Las Vegas • Los
Angeles
Louisville Memphis • New England • New Jersey • New Orleans • Orlando • Philadelphia • Phoenix • Portland • San Diego • San Francisco • Tampa •
Washington, DC
www.laborlawyers.com
Fisher& PhillipsLLP
ATTORNEYSATLAW
Solutions at Work®
ROADMAP:
• Workplace Conflict
Resolution
• Dealing With Difficult
Employees
• Scenarios
• Summary
Why Conflict Resolution?
THE WORKPLACE IS
THE MOST
DANGEROUS
PLACE TO BE IN
AMERICA
– United States
Department Of
Justice, 1994
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
How to Resolve Conflict
• Manage
• Identify Opportunities
• Meet Challenges Head-On
• Communicate
• Pay Attention to the People
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
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
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
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?
Key Manager Responsibilities
• Communicate Effectively
– Clear notice of expectations
– Opportunity to meet
standards
– Feedback on performance
• Performance evaluations
• Disciplinary action
• Positive praise where
appropriate
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
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
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?
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
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
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!
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
Communicate
• Two-way process
• Skill
• Clear
• Timely
• Effective
Communicate
• Consistent
• Personal
• Positive
• Respectful
• Motivational
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
Identifying Issues
• Silence, bickering,
pettiness
• Lack of team
approach
• Complaints
• Other symptoms
Resolving Workplace Issues
• One-on-one
• Group
• Third party
• Goal setting
• Common benefits
• Or else
Dealing with Difficult Employees
• Direct
• Professional
• Deal with issues
• Avoid traps
– Legal
– Personal
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
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
Reality (continued)
• Attitude problems
• Rule breakers
• Does not play well
with others
• An excuse for
everything
• Keeping a record
• Intentionally difficult
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
The Right Approach
• We are all in this
together
• Do you want to be a
part of the team?
• Do you want to
succeed?
Scenario
• Attitude problems
–Identify the real
issue
–Motivation
–Address as
appropriate
Scenario
• Rule breakers
–Testing?
–Showing off?
–Pushing the
limits?
–Leader of the
group?
Scenario
• Does not play
well with others
–Source of
conflict
–Motives?
Scenario
• An excuse for
everything
–Has it worked?
–Real issues?
–Find a cure
Scenario
• Keeping a record
–Always pretend
you are being
recorded
–Warning bells
–Don’t be scared
–You’re the star!
Scenario
• Intentionally
difficult
–Agenda
–Defense
mechanism
–Zero tolerance
Scenario
• Constant
Complainer
–Negativism
–Setting an
example
–Subject of
dissatisfaction
Scenario
• Handwriting on
the Wall
–Waiting to act
–Correct timing
–Decision point
Stay Legal
• All actions subject to
review
• Identify attempts to
mischaracterize
• Watch for fraud
• Watch for buzzwords
• Create your own
record
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”
Thank You!
Follow up and final questions?
Presented by:
Laura P. Jordan
Phone: (503) 242-4262
Email: ljordan@laborlawyers.com
Atlanta • Boston • Charlotte • Chicago • Cleveland • Columbia • Dallas • Denver • Fort Lauderdale • Houston • Irvine • Kansas City • Las Vegas • Los
Angeles
Louisville Memphis • New England • New Jersey • New Orleans • Orlando • Philadelphia • Phoenix • Portland • San Diego • San Francisco • Tampa •
Washington, DC
www.laborlawyers.com
Fisher& PhillipsLLP
ATTORNEYSATLAW
Solutions at Work®

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How to Effectively Deal with Conflict in the Workplace by F&P LLP

  • 1. How to Effectively Deal with Conflict in the Workplace Presented by: Laura P. Jordan Phone: (503) 242-4262 Email: ljordan@laborlawyers.com Atlanta • Boston • Charlotte • Chicago • Cleveland • Columbia • Dallas • Denver • Fort Lauderdale • Houston • Irvine • Kansas City • Las Vegas • Los Angeles Louisville Memphis • New England • New Jersey • New Orleans • Orlando • Philadelphia • Phoenix • Portland • San Diego • San Francisco • Tampa • Washington, DC www.laborlawyers.com Fisher& PhillipsLLP ATTORNEYSATLAW Solutions at Work®
  • 2. ROADMAP: • Workplace Conflict Resolution • Dealing With Difficult Employees • Scenarios • Summary
  • 3. Why Conflict Resolution? THE WORKPLACE IS THE MOST DANGEROUS PLACE TO BE IN AMERICA – United States Department Of Justice, 1994
  • 4. Conflict in the Workplace • Workplace Conflict – Can be a serious problem in the workplace – Will result in a loss of productive employee time – Could result in civil/administrative litigation • Costs of defense • Costs of an adverse determination – Personal liability of managers and supervisors
  • 5. How to Resolve Conflict • Manage • Identify Opportunities • Meet Challenges Head-On • Communicate • Pay Attention to the People
  • 6. Manager’s Role • Prevention through good company culture, training and education • Proactive and responsive to complaints • All reasonable steps necessary to prevent • Prompt, thorough and effective investigations • Appropriate follow-through
  • 7. Key Manager Responsibilities • Be a positive force/influence • Communicate Effectively • Uphold Performance Standards • Model Appropriate Workplace Conduct • Filter issues to determine what needs to be raised with HR or management
  • 8. Key Manager Responsibilities • Be a positive force/influence – You are the face of the company – Negative attitude/interactions reflect on the entire organization – Most employee disputes can be dealt with early or avoided through positive communication
  • 9. Key Manager Responsibilities • “Positive Communication” requires that you actively engage your employees. • It is not okay to ignore issues in the workplace. • How do you actively engage your employees?
  • 10. Key Manager Responsibilities • Communicate Effectively – Clear notice of expectations – Opportunity to meet standards – Feedback on performance • Performance evaluations • Disciplinary action • Positive praise where appropriate
  • 11. Key Manager Responsibilities • Uphold Company Performance Standards – Impose a duty on employees – Find a benchmark that can be used to measure performance – Requires more professionalism than what the law requires
  • 12. Key Manager Responsibilities • Model Appropriate Workplace Conduct – The manager’s conduct is the standard for employees • Employees will not conform to policies if manager does not conform • Ignoring issues undermines the policies
  • 13. Key Manager Responsibilities Filter of Issues/Disputes • Not every workplace dispute needs to be reported to HR or senior management • Look at the totality of the circumstances – Is a protected status implicated? – Are factors other than one’s ability to perform a job at issue? – Not sure whether to involve HR?
  • 14. Managing Employees • Treat Employees With Dignity And Respect – Find an office or conference room for privacy – Start with general, open-ended questions – Avoid questions that suggest a bias – Avoid editorial comments or legal conclusions – Any matter that is potentially significant (such as harassment, discrimination, family leave, retaliation, wage and hour or workplace safety) must be reported to HR
  • 15. Managing Employees • What to Document – Performance Assessments Both formal and informal performance evaluations should be documented Tie the evaluation to job-related standards – Performance Management/Discipline Give the employee specific information about performance problems and the steps to correct the problems
  • 16. Identify Opportunities • Nip it in the bud! • Ears and eyes open • Look for the real issues • Beware of motives • Objects in the mirror are closer than they appear!
  • 17. Meet Challenges Head-On • What elephant? • Avoiding a problem is not likely to make it go away • More likely to grow out of control if not addressed
  • 18. Communicate • Two-way process • Skill • Clear • Timely • Effective
  • 19. Communicate • Consistent • Personal • Positive • Respectful • Motivational
  • 20. Pay Attention to the People • Don’t get carried away by other distractions • A little bit of employee relations goes a long way • More and more important in this economic environment
  • 21. Identifying Issues • Silence, bickering, pettiness • Lack of team approach • Complaints • Other symptoms
  • 22. Resolving Workplace Issues • One-on-one • Group • Third party • Goal setting • Common benefits • Or else
  • 23. Dealing with Difficult Employees • Direct • Professional • Deal with issues • Avoid traps – Legal – Personal
  • 24. Reality • Every manager has a tendency to put off those difficult conversations hoping the problem will disappear • Whether vulgar language, excessive gossip, inappropriate dress, personal hygiene, or performance issues, every manager will face difficult employee issues
  • 25. Reality (continued) • Supervisors need to be skilled and understand what is legal • More than that, they need to understand what will work – How to begin the conversation – How to confront difficult employees – How to create an atmosphere that engages employees – How to discover the truth and learn what is really the cause
  • 26. Reality (continued) • Attitude problems • Rule breakers • Does not play well with others • An excuse for everything • Keeping a record • Intentionally difficult
  • 27. Reality (continued) • Address the facts • No tolerance for threats, accusations and defiance • Productive ways to counsel employees • Keep your emotions under control • Focus on the problem, not the person
  • 28. The Right Approach • We are all in this together • Do you want to be a part of the team? • Do you want to succeed?
  • 29. Scenario • Attitude problems –Identify the real issue –Motivation –Address as appropriate
  • 30. Scenario • Rule breakers –Testing? –Showing off? –Pushing the limits? –Leader of the group?
  • 31. Scenario • Does not play well with others –Source of conflict –Motives?
  • 32. Scenario • An excuse for everything –Has it worked? –Real issues? –Find a cure
  • 33. Scenario • Keeping a record –Always pretend you are being recorded –Warning bells –Don’t be scared –You’re the star!
  • 36. Scenario • Handwriting on the Wall –Waiting to act –Correct timing –Decision point
  • 37. Stay Legal • All actions subject to review • Identify attempts to mischaracterize • Watch for fraud • Watch for buzzwords • Create your own record
  • 38. Key Points to Remember • Manage employees • Deal with complaints and problems • Realize “perception” is as important as reality • Remember the goal is to prevent, resolve and avoid claims – not to “win”
  • 39. Thank You! Follow up and final questions? Presented by: Laura P. Jordan Phone: (503) 242-4262 Email: ljordan@laborlawyers.com Atlanta • Boston • Charlotte • Chicago • Cleveland • Columbia • Dallas • Denver • Fort Lauderdale • Houston • Irvine • Kansas City • Las Vegas • Los Angeles Louisville Memphis • New England • New Jersey • New Orleans • Orlando • Philadelphia • Phoenix • Portland • San Diego • San Francisco • Tampa • Washington, DC www.laborlawyers.com Fisher& PhillipsLLP ATTORNEYSATLAW Solutions at Work®