The document provides guidance on effectively dealing with conflict in the workplace. It discusses the importance of conflict resolution, outlines a manager's role in preventing and addressing disputes, and provides tips for managing difficult employees. Specific strategies are presented, such as communicating expectations clearly, modeling appropriate conduct, addressing performance issues promptly and respectfully, and nipping potential conflicts in the bud. Scenarios demonstrate approaches for resolving common problems like attitude issues, rule breaking, interpersonal conflicts and intentionally difficult behavior. The overall message is that proactive and skilled conflict management can prevent disputes from escalating and avoid costly litigation.
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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®
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
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
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?
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®