Published on 03/4/2010

Chances are, you have one or two difficult people in your workplace. But "jerks at work" can be more than just a minor annoyance. In extreme cases, they can disrupt productivity, destroy morale, and even inspire lawsuits - when they're not suing you themselves. How can you manage these people ... without violating THEIR rights?

Dear HR Specialist:

Nothing irks like jerks at work. But some workplace behavior goes beyond being merely annoying. When the actions of “challenging” personality types land you in court, these workers become a liability – in every sense of the word.

Consider these recent cases:

Employees of the city of North Richmond, Texas taunted co-worker Robert Coffman, saying he was too old to keep up with his work. He sued, and the city settled for $75,000.
A North Carolina sheriff’s deputy told his new hire about the department’s strict rules against sexual harassment – before grabbing her buttocks, dragging her onto his lap, forcibly kissing her, and offering her a promotion if she let him do it again. She quit, she sued – and she won. Jury verdict: $225,000.
An African-American temp at a power company was repeated asked racially-tinged questions like, “Do all black people go to bathroom a lot?” She sued the company, which claimed that she wasn’t their employee, but the temp agency’s. The court disagreed, and the case is going to trial.

LEAP 2010 – the 6th Annual Labor & Employment Law Advanced Practices Symposium – features sessions on how to improve employee relations, resolve conflict, and build trust – as well as comprehensive coverage of HR legal and regulatory changes. Act now to take advantage of Early-Bird Savings!

Turning your back on difficult employees isn't just a management mistake. It can also create legal trouble. Not only are employees who frequently bump heads with management the ones who are most likely to file lawsuits when they feel they're being treated unfairly, but – as shown above – they’re often the cause of lawsuits themselves.

That's why, when confronted with employees who don't do what's asked, it's best to devise a strategy for making the best of a potentially explosive situation.

Although it may be hard to transform a difficult employee into a warm, friendly ally, you can take the following steps to make it easier for the employee to comply:

1. Confront problems head-on. If you don't like an employee, that person probably feels the same way about you. By clearing the air and calmly acknowledging any ill will, you can help the employee focus on getting the job done.

Use phrases such as this to level with the person: "When I ask you to do something, I need to rely on you. I realize we're very different people, but we can't let that stop us from doing our jobs."

2. Seek confirmation. When giving instructions, don't assume that you're making yourself clear. Ask the employee to explain what you just said and what you expect of him or her.

3. Rehearse. Making simple requests is painless. But if you must explain something more complicated, don't wing it. You may waste time backtracking or jumbling words.
As you rehearse, use the fewest words possible to describe your goal. Once you find a concise way to summarize the outcome you want, write it down and memorize the key phrase that captures the main point.

Can you risk a million-dollar employee lawsuit? Even if you win, you lose – in lost time, legal fees, morale, productivity, and more. The best lawsuit is the one that never gets filed – and LEAP 2010 brings you nearly 40 of America’s top employment law and HR experts to help you keep the lawyers at bay. Act now to take advantage of Early-Bird Savings!

4. Speak and write. To ensure that the employee understands you, assign tasks both orally and in print. Get in the habit of talking with that person and telling him or her what you need. Let the employee ask questions and offer suggestions. Then, follow up soon after the discussion with an e-mail or memo that summarizes what's expected, along with the timetable for the project.

5. Stick to behavior. When managing someone with an attitude problem, don't let the person's personality interfere with the job at hand. Focus on describing the work that you need done.

6. Talk on the employee's turf. If you have a personality conflict with a certain employee, the last thing you should do is make him or her feel "bossed around" when you assign a task. A practical way to encourage such employees to comply is to meet in their offices, not yours. Calling employees into your office to assign a task could instantly put them on the defensive.

Armed with these techniques, you’ll be better able to deal with jerks at work – generating greater productivity … better morale … and fewer lawsuits.

LEAP 2010 – the 6th Annual Labor & Employment Law Advanced Practices Symposium – features a session called “Employee Relations: Resolving Conflict and Building Trust,” as well as a free pre-conference seminar on workplace bullying and violence conducted by noted expert Dr. Dennis Davis.

LEAP 2010 takes place April 21-23 at San Diego’s breathtaking Hotel del Coronado. The conference features close to 40 of America’s top employment attorneys and HR authorities, and our Breakfast Roundtables and Learn from the Lawyers Luncheon gives you more contact with our experts than ever before.

Sign up for LEAP today! As a LEAP Letter reader, you’ll save $100.00 off the tuition others must pay. And when you take advantage of our Early-Bird Discount, we’ll knock another $100.00 off! Attendees also get their choice of three FREE pre-conference sessions … comprehensive course materials … and six FREE months of our HR SPECIALIST: EMPLOYMENT LAW newsletter PLUS our PREMIUM PLUS online service.

It’s tempting to try to ignore sexual harassers, racists, and bullies at work. But it’s better to face these problems than face a lawsuit. LEAP 2010 will show you how to deal with your current challenges … and prepare for the next ones.

I look forward to seeing you in beautiful San Diego.

Sincerely,

Phillip A. Ash, Publisher
The HR Specialist

P.S. We’ve arranged a very special room rate at the Hotel del Coronado, but we’ve reserved fewer rooms than expected attendees. Go to www.HotelDel.com or call toll-free 800-468-3533 today, and use Group Code “LEAP 2010” for your discounted rate.

P.P.S. Your satisfaction is unconditionally guaranteed. If LEAP 2010 fails to meet your needs, we will refund 100% of your tuition – no hassles, no questions asked. Your course materials and your two FREE bonuses (a combined $523.50 value) are yours to keep. It’s that simple.