Encountering difficult staff … is only a matter of time in any organization.
Any time a decision is made that affects more than one person; someone is potentially going to be upset. Other times, a team member will not agree with the direction of the organization. People working together are going to disagree. Add pressure, deadlines, and even situations outside of work and – as an owner or supervisor – you will have to have a difficult conversation with one or more of your associates.
It is part of the nature of organizations and it is your job to deal with it. It’s not easy.
If you have an associate who is negatively affecting the function of your organization or other associates, you must deal with the situation. Failing to take action means that, as an owner or manager, you are now as much of a problem as the person who created the issue in the first place.
You are not alone; all organizations face this issue. Few people want to deal with situations like these and many will try to avoid confrontation. Doing nothing, however, only makes the problem worse. The better you are able to deal with these situations, the most effective you will be as a leader. It’s time to rip the Band-Aid off and get to work.
So, where to begin?
Understand and accept that you need to address the problem.
Start with a plan. Organize your thoughts and determine exactly what the problem is. Don’t delay; your other associates need you to resolve the situation as quickly as possible. Negative work environments lower morale, and could cause more issues down the line. Use the time you have to determine the facts and the alternatives, and use this information to make the best decision possible under these circumstances.
Ask whether you are being unfair.
Speak to your key people in confidence about the situation. Ask them what they think and what their opinions are in terms of a resolution. You should not abdicate your responsibility, and rather remember this consultation process is important in ensuring fair treatment for all associates involved.
Get the facts.
Investigate the problem. Depending on the severity of the issue, timing might be a priority. Complete your investigation without bias – document facts and avoid opinions.
Consider your options – Do nothing and hope the situation resolves itself.
This is a lose-lose option that rarely works. If the offending associate feels that they are above the rules and there are no consequences for their negative actions, their behavior will continue. If other associates feel there is a lack of leadership and consequences, their morale will suffer – you have shown you are unwilling to defend them and the rules of the organization. Rarely is this an acceptable choice.
Consider your options – Let your associates hammer out a solution themselves.
Depending on the issue at hand, this might work: it requires your associates to be on an even playing field and work together towards a solution. This may require some mediation, but can be done with little intervention. If there is an uneven balance of power between associates, however, this could be another lose-lose option. Additionally, and even if your associates are on an equal footing, relying on them to solve the problem may not be effective; if it were, your current situation would not have developed in the first place.
Consider your options – Determine what your desired outcome is.
What do you think is the best solution? Work towards that goal. If the associate is a chronic problem, the organization may want to simply remove them from the equation. Your associate could quit, but don’t count on it – you will have to work on termination.
This situation might be just a “blip” on the road for a good associate and you just want them to correct a behavior or an attitude.
The “how” of dealing with this is the key to success. Purposely trying to get an associate to quit is illegal and can very easily result in a lawsuit (that you would likely lose). Having a written and fair disciplinary procedure is very important. For example, a progressive warning process could consist of a documented first warning followed by a 30-day period where the associate is given a plan to correct the deficiency. If the issue reoccurs within a set period of time (such as 12 months) then a second warning is given. At each step of the process, the associate is made aware of the seriousness of the warning process and what will happen if things don’t change. This second warning is followed by another 30-day period with a follow up, just like the first. If the problem reoccurs with a set period of time (another 12 months), then a third and final warning occurs which could result in termination.
Alternatively, some organizations may decide to simply terminate someone. Be prepared to pay the appropriate pay in lieu of notice, vacation pay, and severance (if required), and get legal advice before choosing this option.
The keys to success are treating everyone with dignity and respect, having a good documentation process, and maintaining clarity. There should be no surprises.
A good organization will have a goal of de-escalation and problem resolution; as a leader, however, you must still be prepared to fully execute the disciplinary process. Failing to do so will make the entire undertaking a waste of time and permanently damage your credibility.
Review the documentation that you have.
Many organizations have anecdotal information on incidents, but usually fail to document situations as they occur. Every negative situation and conversation needs to be documented with the facts and dates, and kept on file. Remember, your associates have the legal right to view any of the documentation that you retain as part of your organization – transparency is key.
Depending on the severity of the issue, get professional advice.
Having professional or legal advice from the local labour board or your own lawyer allows your organization to make good decisions. The legal system and employment law is complicated and the cost of consultation is small compared to that of a lawsuit for wrongful dismissal.
When you are ready.
Talk to the associate and have a confidential – but open and frank – conversation about the state of their working relationship and the issues at hand. Have an agenda for yourself and ensure that you cover the points and issues you want; it is easy to get distracted in the flow of conversation. Document everything and have a witness, even if the witness does not say anything. In situations where a warning is being given, and if the associate doesn’t want to sign anything, simply notate that and have your witness countersign. Follow your disciplinary process. Set a time (30 days) to follow up and enact an action plan with corrective steps for the associate to complete.
Warn against retribution.
As part of the above conversation, warn the associate not to take retribution against anyone who may have complained about their behavior or attitude. This offers protection for your other associates – make sure you stay true to your word.
Be prepared.
Be prepared if things go sideways. The associate may start shouting, walk out, make physical threats, deny what happened, start crying, or make other accusations. Discussing these possibilities and having a plan for them is part of being prepared.
Prevent these situations from happening.
Ways to avoid these negative workplace situations include: having a good job description; having an interview process that screens people for the skills, attitudes, and behavior that match the job description; using an established onboarding procedure and following up with progressive and continuous training; having regular performance conversations; and ensuring that everyone in your organization has the opportunity to participate and discuss their issues.
Difficult situations are going to happen. No matter how good an organization is, it is only a matter of time. When it does, as the owner, manager, executive director, or supervisor, you will be called upon to do this part of your job. It won’t be easy, but it will be necessary.
Good luck,
Paul.