presented by w. scott hardy, pittsburgh office jenn g ... · space invader the jerk the bully takes...

Sensitive, Uncomfortable and Awkward-Strategies

for Reducing Risk with Problematic Employees

.

Presented by

W. Scott Hardy, Pittsburgh Office

Jenn G. Betts, Pittsburgh Office

© 2017, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. ogletree.com

Atlanta / Austin / Berlin / Birmingham / Boston / Charleston / Charlotte / Chicago / Cleveland / Columbia / Dallas / Denver / Detroit (Metro) / Greenville / Houston / Indianapolis / Jackson / Kansas City

Las Vegas / London / Los Angeles / Memphis / Mexico City / Miami / Milwaukee / Minneapolis / Morristown / Nashville / New Orleans / New York City / Oklahoma City / Orange County / Paris / Philadelphia

Phoenix / Pittsburgh / Portland / Raleigh / Richmond / Sacramento / San Antonio / San Diego / San Francisco / Seattle / St. Louis / St. Thomas / Stamford / Tampa / Toronto / Torrance / Tucson / Washington, D.C.

The “Aromatic” Employee

2



Phoenix / Pittsburgh / Portland / Raleigh / Richmond / Sacramento / San Antonio / San Diego / San Francisco / Seattle / St. Louis / St. Thomas / Stamford / Tampa / Toronto / Torrance / Tucson / Washington, D.C.3

Types of Hygiene Issues Excessive flatulence

Body odor

Drenched in cologne/perfume

Failure to bathe

Bad breath

Disheveled appearance

Dirty/stained clothes

Ants/bugs at workstation

Potential legal

implications:

ADA, OSHA,

Title VII, etc.




Assess whether issue is credible and impact on others exists

Decide who will deal with issue when it arises – e.g., HR, immediate supervisor, etc.

Determine place and time of meeting – private area, enough time allotted to allow employee to regain composure before returning to work station

Be sensitive but direct, describing the problem and how it’s affecting the workplace

What to do?




Set future expectations, as well as follow-up meetings

Engage mitigation efforts (to extent appropriate)

If you learn the employee may have a disability, do not assume hygiene problem is disability related (could be financial, personal, cultural, religious, or simply a failure to bathe)

If possibly related to disability, then engage in interactive process, and then consider accommodations (query whether temporary reassignment to job with no in-person contact is appropriate?)

What to do?




The “TMI’er”




Types of Issues:

Family drama

Financial drama

Romantic endeavors

Medical issues

Potential

legal

implications:

ADA, OSHA,

Title VII, etc.




Encourage employees to ask co-workers to stop

Be mindful of language that can give rise to a claim

Use policies proactively

Be cautious of protected concerted activity

Recognize that you may be the recipient.

Helpful Tips




The Dress Code Violator




0

Inappropriate for the occasion

Dress based on religious or other Beliefs

Organizing Activity/Shows of Union Support

Transgender / Trans-sexual / Transitioning process

Types of Issues:




1

Assess the situation – is it necessary to address or is

this a matter of taste or wardrobe malfunction

unintended by employee?

Respect the employee’s feelings – address in private

What to do?




2

Be cautious when addressing dress based on

Religious or Other Beliefs – interactive process may be

necessary

Organizing activity – This may be your first sign of

concerted activity. Tread with caution

What to do?




3

The “Whiner”




4

General Rules of EngagementRule One: Stop trying to change the difficult person;

seek healthy limits and boundaries.

Rule Two: Try not to overreact; be solution oriented.

Rule Three: Confront the problem constructively, sooner rather than later (but do not attack person’s character; remain solution oriented).

Rule Four: Don’t allow them to dominate your time/life.




5

What to do? Ensure formal system in place for filing of

complaint – provides all employees a

chance to be heard

Demonstrate you are listening (for at least

a limited time)

Determine if any validity to issue (maybe

there is; may prompt need for additional

action)




6

Consider all concerns; ask quality, open-ended questions

Ask them what they want

Ask them what they believe to be their options

Lend assistance/support if and when appropriate, but

encourage employee to be independent and proactive

Is constant whining a sign of bad management?

REMEMBER TO ALWAYS BE PATIENT!!!!

What to do?




7

Data is best defense

In particular, address this person with facts and figures

Point out “in print” the protocol or policies in the

particular area you and they are having trouble with

What if Whiner is a “Deflector”:




The Bully

1

8




9

Angry Person

Space Invader

The Jerk

The Bully Takes on Many Roles




The Angry Person

2

0




1

Immediate attempts to dispel

Advanced planning

Assess workplace violence

Protected activity

Practical Tips:




The “Space Invader”

2

2




3

The person who, while perhaps well-meaning, speaks

too closely or otherwise invades personal space

The person who, while perhaps not well-meaning,

speaks too closely or otherwise invades personal

space

Two Scenarios




4

Potentially can become a hostile environment issue

Ask them to stop

Discipline, if appropriate, under

harassment/inappropriate conduct policy

How to Handle




The Jerk

2

5




The BYOD Employee

2

6




7

Excessive tweeting, posting, snapchatting, etc. during

work hours

Cyberbullying of co-workers

Defaming company

Potential Scenarios




8

Use policies proactively:

Time/attendance policy – time theft

Electronic equipment agreement – no expectation of privacy if

using work network

Harassment/inappropriate conduct policy

Be mindful of protected (concerted) activity

Discipline, if appropriate

How to Handle




The Non-Team Player/The Loner

2

9




0

Doesn’t fit in with the team

Doesn’t pitch in

Avoids group activities

Doesn’t work well/conflicts with others

Sometimes brooding/angry/creepy

Potential Scenarios




1

Consider impact on team morale/productivity

Individual projects and recognition?

Manage into the team or manage out?

How to Handle




2




3

Thank You!

presented by w. scott hardy, pittsburgh office jenn g ... · space invader the jerk the bully takes...

Documents