Employment Law Today Masthead
February 19, 2008

IN THIS ISSUE:

1. Feature Story: Managing Problem Employees

2. Cathie's Corner: Good Communication Is Key To Delivering The Bad News Of A Layoff

3. Policy On iPods Is Music To Employers' Ears

4. HR Soapbox: Workplace Greetings: Touchy-Feely Makes Me Uneasy

AHI's Believe It Or Not

Forget "Casual Fridays." Here come "E-Mail-Free Fridays." A Texas real estate firm requires that on Fridays employees communicate with each other face-to-face or, at the very least, by phone. The ban on e-mail does make exceptions for electronic communications to clients and does allow for e-documents to be sent if necessary.

ARE EMPLOYEE PROBLEMS WASTING TOO MUCH OF YOUR VALUABLE TIME? Image


You are not alone.

  • 44% of employees say they have worked with co-workers who have abused workplace rules, according to a recent study by the Employment Law Alliance.

  • Other studies show that managers spend up to 42% of their time dealing with interpersonal conflicts.

So what options do you have when dealing with a difficult employee? Get the answer to this question and many more when you join AHI and management expert Glenn Shepard for a live, interactive web conference:

HOW TO MANAGE PROBLEM EMPLOYEES &
DIFFICULT SUPERVISORY SITUATIONS

Wednesday, February 27, 2008
1:00-2:30 PM Eastern Time

Visit our website to register today. Hurry...before that next problem knocks on your door! Or if you prefer to register by phone, please call 800-879-2441 and mention conference code: G11059.

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1. FEATURE STORY:
MANAGING PROBLEM EMPLOYEES

There's no shortage of negative employee behaviors that can have an ill effect on the entire workplace. The problem is when the behavior is not so bad where discipline or termination is in order, but managers must do something. And that something isn't to drop the problem employee in HR's lap! Help managers to overcome some of the most griped about employee behaviors themselves with these tricks of the managerial trade.

Gripe #1: She thinks she's too good to (fill in the blank) just because she's an exceptional performer.

Manager actions: You need to set this top performer straight. If you want her to complete the duties that she finds beneath her, then by all means tell her this.

Just so there's no confusion, delineate exactly what you expect her to do. In other words, don't just tell her she has to start doing the "grunt" work; give her a bulleted list of the tasks you expect her to complete and the frequency with which she is to complete them. Remind her that the duties are part and parcel of the job and that success is not a get-out-of-grunt-work-free card. Express your confidence in her abilities to handle these duties while remaining a high performer.

Gripe #2: He constantly interrupts my conversations with other employees for no good reason.

Manager actions: There's an art to putting someone off without making them feel put off, which requires being firm and polite. When his issue does not warrant you to immediately stop what you're doing and give your attention to him, then boundaries need to be set; explain why he must wait and when he will get his turn. Say something like: "Jane and I are just finishing up resolving a customer's complaint. We'll be done in 10 minutes. I'll come down to your office then."

People often interrupt due to an inflated sense of self-importance. The tactic described above ought to do the trick. But in situations where the individual is actually riddled with self-doubt and they truly believe their issues require immediate attention, then take the extra step to allay their fears that waiting 10 minutes will not mean the end of the world.

Gripe #3: She gets her work done, but she always waits until the last minute to get started.

Manager actions: Point out the obvious — that she shouldn't wait until the last minute in case she needs to drop everything in order to put out a fire. If pointing this out doesn't cause a change in behavior, then you need to work with her on prioritizing and scheduling her work. Establish a game plan ahead of time. Cut big projects into smaller assignments and set mini-deadlines for them.

Or, give her false deadlines. Nothing drastic, perhaps a day or two earlier than normal; just as long as she still has a reasonable amount of time to complete the task, but also enough time to handle anything that may pop up unexpectedly.

For advice on how best to handle a variety of other problem employees — from the employee who cries when confronted, to the one who manipulates others, to the one known for his/her volatile temper — join AHI for the How To Manage Problem Employees & Difficult Supervisory Situations web conference to be presented on February 27, 2008.

2. CATHIE'S CORNER:
GOOD COMMUNICATION IS KEY TO DELIVERING THE BAD NEWS OF A LAYOFF

It seems to me that just about everyone I know either is contemplating having to lay off employees, has just laid off employees, or even was laid off personally. Having been on both sides of that particular fence, I've learned that the most important word when it comes to layoffs is communication.

A newly laid-off employee has a number of concerns. Is the layoff permanent or temporary? What happens to my health insurance? My 401k? My unused vacation? Will I be able to collect unemployment?

A former employer of mine had a method for handling layoffs that I still think is excellent. We had packages made up ahead of time for each affected employee that included a letter explaining the reason for the layoff and assuring the employee that it was not due to any dissatisfaction with their work; COBRA information; information on the 401k, if applicable; information on how to apply for unemployment (mandatory in my state); any applicable ADEA releases and information; information about outplacement resources; and an explanation of their final check (which included unused vacation as required by our state law). These packets were specific to the individual, not generic. The packets were delivered ahead of time to the affected employees' managers. In the event that the immediate supervisor was also being let go, I took care of the lower-level employees while the supervisors were given the news by their manager.

All employees who were affected were given the news at the same pre-arranged time to prevent rumors and to keep nervous employees from wondering, "Am I next?" They were given their individualized packets of information, plus time to ask questions and to meet with outplacement counselors. We did take the precaution of disconnecting the computer access of the employees being let go, but despite a company policy of not allowing discharged employees free access to the premises, we made an exception in layoff situations and granted them time to collect their personal possessions and say good-bye to co-workers.

When all discharged employees had left the premises, we then held a company meeting of all retained employees, including employees from field branches by video conference. We explained the purpose behind the layoffs, assured those retained that no additional layoffs were intended, gave them time to ask questions, and did as much as possible to allay any fears they may still have had.

In a more recent layoff in which I was involved — one that was intended to be temporary rather than permanent and which came about very suddenly due to factors beyond the owner's control — employees were called at home and told not to report until further notice. As you can imagine, this was a bit more nerve-wracking than knowing ahead of time what to expect. However, each employee received periodic calls from a member of management keeping them up-to-date on the progress of the situation and, when it was clear that it would be needed at least for the short-term, an explanation of how to apply for unemployment and where to pick up final pay and benefits information.

The point, of course, is that nothing is more frightening than not knowing the status of your job, your benefits, and your ability to feed your family and pay your bills. The more information the employer is able to provide, the better. Even "There's no severance and this is the last money you'll see until your UI starts up" is better than not knowing.

So if you see layoffs in your future, try to keep your discharged employees in the loop as to what to expect. In the long run, it's easier on both you and them.

Catherine Bannon is an HR consultant in Marshfield, MA (catherine.bannon@gmail.com). Bannon worked for 10 years in HR management before starting her consulting practice.

3.

POLICY ON iPODS IS MUSIC TO EMPLOYERS' EARS

It is estimated that approximately one-third of employees listen to music at work using an iPod, MP3 player, or other portable music device. Employees claim that listening to music improves their job satisfaction and productivity, so it may be beneficial to allow workers to use their iPods, etc., in the office. However, if you do so, your company needs to have a policy that...View the full story on our website.

4.
HR SOAPBOX: WORKPLACE GREETINGS: TOUCHY-FEELY MAKES ME UNEASY

Check out the new HR Soapbox, "Workplace Greetings: Touchy-Feely Makes Me Uneasy," in which an editor ponders how best to greet co-workers in both professional and social settings.

TOP 5 RESOURCES FOR HUMAN RESOURCES PROFESSIONALS

The Complete Policy Handbook1.
The Complete Policy Handbook

Shows you how to safeguard against the damage that loopholes in your employee handbook can cause. You'll get a CD-ROM containing a complete set of ready-to-print policies for a foolproof manual of your own...policies that have stood up to courtroom challenges...with language that has worked in defending other employers.

Employer's Guide To Record-Keeping Requirements2.
Employer's Guide To Record-Keeping Requirements

Covers all the records, files, and documents demands made on employers by state and federal laws and agencies; as well as what you must post on company property to stay on the right side of employment laws.

Complete I-9 Compliance Kit 3.
Complete
I-9 Compliance Kit

Provides you with all the step-by-step guidance, forms, and tools you need in order to fill out, retain, reverify, and destroy Form I-9 in compliance with the Immigration Reform and Control Act (IRCA).

2007 Survey Of Traditional Time Off And PTO Program Practices4.
2007 Survey Of Traditional Time Off And PTO Program Practices

This report will help you benchmark your paid leave policies against those of your competitors, whether you utilize a PTO bank or Traditional Time Off program. In addition to the survey results and over 116 charts and graphs, you will get the practical and legal guidance you need to strengthen your time off system without violating state employment laws.

Complete Performance Appraisal Kit5.
Complete Performance Appraisal Kit

Not just another compilation of forms...this kit contains all the information and documentation you and your managers need to create a successful performance appraisal system...including an editable model appraisal form and a sample completed appraisal form.

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