Reprinted from the April 15, 2007 issue of MANAGER’S LEGAL BULLETIN, a widely read employment law newsletter that communicates legal guidelines to managers through real-life dialogue and concrete examples. Click here to view a sample issue, get more information or sign up for a risk-free subscription.

Working With Employees Who Are Working Against You

Managers often hear advice on what to do when two employees clash and don't work well together. Now, what do you do if the person with which an employee doesn’t get along is you? Employees may be less inclined to be outright disagreeable with their boss, and may, instead, undermine your authority in subtle ways.

PASSIVE-AGGRESSIVE PERFORMANCE

"Tracy, did you finish that report?" manager Lynn Sobeck asked Tracy Stern. "I need that information for my meeting this afternoon."

Stern didn't respond.
"Tracy!" Sobeck said louder. "Tracy!"

Stern finally looked up from her computer for a brief second. "Oh, I'm sorry, Lynn. I didn't hear you," Stern said in an unconvincing tone as her gaze returned to her monitor.

"So, do you have the report?"
"Truthfully, I haven't gotten to it yet," Stern replied innocently. "I’ve been busy with other things."

"I specifically told you that that report was a top priority," Sobeck reminded her.

"Sorry, Lynn," Stern said. "I must have misunderstood you. I didn't realize you needed the information for this afternoon's meeting. I’ll get right on it."

"Never mind," Sobeck stated. "I can’t take the chance that it won't be done in time."

A few days later, Sobeck had a similar run-in with the employee when Stern handed in an important project.

"This isn’t what I asked you to do," Sobeck told the employee.
"I thought it would be better if I did it my way," Stern replied.

Sobeck was at wit's end. She had been putting up with Stern's behavior long enough. "I know what you are up to," the manager stated.

"I'm not 'up to' anything," the employee responded defensively. "I have no idea what you're talking about."

"Ever since I passed you over for promotion, you've missed deadlines and ignored my instructions," Sobeck pointed out. "And if you think I'm going to sit back and allow you to continue to undermine my authority, you've got another thing coming."

GET EMPLOYEES TO WORK WITH, NOT AGAINST, YOU

Sobeck needs to take immediate action to prevent Stern's behavior from continuing to be a problem. Here are some suggestions for dealing with an employee who is subtly undermining your authority.

• Meet with the employee and explain your expectations for her performance and behavior, how she is falling short of those expectations, and the consequences if her performance/behavior does not improve. Go one step further by putting the expectations and consequences in writing and asking the employee to sign it.

• Say it like you mean it. Do not allow her to argue or lay on the excuses. Be clear that you will not continue to tolerate the problem behaviors, no ifs, ands, or buts.

• Unlike Sobeck, refrain from accusing the employee of having nefarious motives.

• Document the specific issues you are having with the employee. Follow your company's discipline policy to the letter. Every time the employee undermines your authority, issue her the appropriate written warning, suspension, etc. If the employee's insubordinate behavior continues, you will have the written evidence you need to support her termination.

• Treat the employee the same as any other problem employee. Don't give this type of troublesome employee any indication that you are looking for a reason to fire her by applying discipline inconsistently, thereby inviting a discrimination or retaliation lawsuit.

• Do not disrespect her just because she is disrespecting you. You don't want to give her any reason to justify her behavior.

More information about this publication/Order a subscription