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1 When Things at Work Aren t So Peachy Managing Problematic Behaviors in the Workplace John Haley Senior Consultant Baron Center, Inc. 2 Problematic Workplace Behaviors: As long as there have been employees there have been behaviors that have disrupted the work environment We have all faced employees who have presented us with difficult behaviors that we have tried to manage 3 NPELRA All Rights Reserved 1
2 Problematic Workplace Behaviors: What strategies have we used? Ignore the problem? Look the other way? Make excuses for the behavior? Rationalize it? Implement a Performance Plan? Take disciplinary action? Question: What determines your management strategy for difficult employees? 4 Problematic Workplace Behaviors: 4 D s of Problematic Workplace Behaviors: *Identifying the problem can help identify the solution Distracting Behaviors Behaviors that are annoying, irritating and downright distracting to others to the point of interfering with other employees ability to get their jobs done efficiently and in a productive atmosphere May or may not violate organizational policies Examples? 6 NPELRA All Rights Reserved 2
3 Distracting Behaviors Excessive chatter about personal and non-work topics, difficulties with communication, social skills issues, attention seeking behaviors, emotional immaturity, personal habits and tics May not cross the line with regard to policy violations But do impact culture and productivity Impact can often be soft in terms of measurability, making it difficult to quantify Response is key 7 Distracting Behaviors Managing distracting behaviors: Informal discussion about behavior of concern Be prepared to give specific examples of behavior and its impact on others Ask for their understanding of the situation Provide suggestions for alternate behaviors/corrections Discuss what you d like to see from the employee 8 Distracting Behaviors Agree on a plan, and a plan for follow up Monitor employee Follow up and provide additional feedback as needed Reinforce positive change Consider PIP if change is not implemented by employee, or behavior worsens 9 NPELRA All Rights Reserved 3
4 2. Disruptive Behaviors 10 Disruptive Behaviors Include (but not limited to): angry outbursts toxic behaviors insubordination attendance and performance issues highly emotional and chaotic behaviors Probably violate organizational policy Examples? 11 Disruptive Behaviors When chronic, hold the workplace hostage Slow efficiency, decrease trust, create stress and anxiety for those around them Others begin to accommodate the behavior in order to get their own jobs done 12 NPELRA All Rights Reserved 4
5 Disruptive Behaviors Managing Disruptive Behaviors: Look at employee s behavioral history Private meeting with employee (consider 2 in meeting if employee can be volatile) Explain behavior of concern be prepared to give examples Ask for employee s understanding of behavior Look for behavior in context to understand what you are observing (i.e. we all have bad days) Is there an organizational problem that needs to be addressed? 13 Disruptive Behaviors Remind employee of relevant workplace behavior policies Disciplinary action? Suggest alternative behaviors and resources Develop and agree upon a plan Follow up Consider PIP, progressive discipline, EAP referral if changes are not implemented by employee, or behavior worsens Disorderly Behaviors 15 NPELRA All Rights Reserved 5
6 Disorderly Behaviors Almost always violate organizational policy of some kind Sometimes in violation of the criminal code Include (but not limited to): Veiled, indirect, conditional threats Physical and emotional intimidation Throwing of objects, slamming the phone, pushing, shoving Vandalism Sexual harassment Substance abuse in the workplace Harassment and intimidation via social media and technology 16 Disorderly Behaviors Behaviors are disturbing and can take a toll on the mental and emotional well-being of employees and the workplace culture Can escalate quickly into the realm of dangerous behaviors Swift and immediate action is imperative 17 Disorderly Behaviors Managing Disorderly Behaviors The Key is to Be Prepared! Know your organization s policies How do they dictate for you to proceed? Conduct Sexual harassment Theft Internet Workplace violence Other? 18 NPELRA All Rights Reserved 6
7 Disorderly Behaviors What relevant legal issues do you need to be aware of? What organizational/hr Issues do you need to be aware of? Who are your preferred outside resources? Legal EAP PI Consulting psychologist Security Law enforcement Fitness for Duty 19 Disorderly Behaviors Immediate Response If an investigation is warranted, consider placing the employee on administrative leave with pay Designate one point of contact during leave Consider suspending access to facilities, key cards, controlled access points and computer servers Who is best to do the investigation (PI, attorney, in-house) Based on the outcome of the investigation 20 Terminate? PIP? Disciplinary action? Reassignment? Disorderly Behaviors If terminating: How will termination proceed? Who will be in the meeting? Consider soft landing approach COBRA Severance EAP Outplacement Is security, threat assessment (TA) professional, or law enforcement needed? 21 NPELRA All Rights Reserved 7
8 4. Dangerous Behavior 22 Dangerous Behavior Escalated and imminent threats, physical aggression, non-sanctioned weapons in the workplace, suicidal, homicidal, domestic violence Pathway to Violence Ramping up of behaviors Rehearsal fantasies Leakage of intent Requires immediate action 23 Dangerous Behavior Contact law enforcement Utilization of resources PI, TA professional, EAP EAP for traumatized individuals 24 NPELRA All Rights Reserved 8
9 Dangerous Behavior What to do if you are a victim or a witness of a hostile-aggressive or threatening behavior: Dial for an outside line & call if the situation is one of immediate danger Protect yourself from immediate harm - Leave the area & take appropriate emergency steps 25 Dangerous Behavior Primary objectives in dealing with an incident in-progress - Stabilize the situation without jeopardizing your safety - De-escalate the potential for violence - Ensure that there is no harm to person or property If the situation is not one of immediate danger - Take notes of the incident - One dull pencil is worth two sharp minds 26 Questions? 27 NPELRA All Rights Reserved 9
10 John A. Haley Senior Consultant BARON CENTER, INC El Camino Real, F-304 Carlsbad, CA BaronCenter.com NPELRA All Rights Reserved 10
11 When Things at Work Aren t So Peachy Managing Problematic Behaviors in the Workplace Managing Distracting Behaviors: Informal discussion about behavior of concern Be prepared to give specific examples of behavior and its impact on others Ask for their understanding of the situation Provide suggestions for alternate behaviors/corrections Discuss what you d like to see from the employee Agree on a plan, and a plan for follow up Monitor employee Follow up and provide additional feedback as needed Reinforce positive change Consider PIP if change is not implemented by employee, or behavior worsens Managing Disruptive Behaviors: Look at employee s behavioral history Private meeting with employee (consider 2 in meeting if employee can be volatile) Explain behavior of concern be prepared to give examples Ask for employee s understanding of behavior Look for behavior in context to understand what you are observing (i.e. we all have bad days) Is there an organizational problem that needs to be addressed? Remind employee of relevant workplace behavior policies Disciplinary action? Suggest alternative behaviors and resources Develop and agree upon a plan Follow up 2588 El Camino Real, F-304, Carlsbad, CA (800)
12 Consider PIP, progressive discipline, EAP referral if changes are not implemented by employee, or behavior worsens Managing Disorderly Behaviors: The Key is to Be Prepared! Know your organization s policies How do they dictate for you to proceed? Conduct Sexual harassment Theft Internet Workplace violence Other? What relevant legal issues do you need to be aware of? What organizational/hr Issues do you need to be aware of? Who are your preferred outside resources? Legal EAP PI Consulting psychologist Security Law enforcement Fitness for Duty Immediate Response If an investigation is warranted, consider placing the employee on administrative leave with pay Designate one point of contact during leave Consider suspending access to facilities, key cards, controlled access points and computer servers Who is best to do the investigation (PI, attorney, in-house) Copyright 2015 Baron Center Inc. 2
13 Based on the outcome of the investigation: Terminate? PIP? Disciplinary action? Reassignment? If terminating: How will termination proceed? Who will be in the meeting? Consider soft landing approach o COBRA o Severance o EAP o Outplacement Is security, threat assessment (TA) professional, or law enforcement needed? Dangerous Behaviors Contact law enforcement Utilization of resources PI, TA professional, EAP EAP for traumatized individuals What to do if you are a victim or a witness of a hostile-aggressive or threatening behavior: Dial for an outside line & call if the situation is one of immediate danger Protect yourself from immediate harm Leave the area & take appropriate emergency steps Primary objectives in dealing with an incident in-progress o Stabilize the situation without jeopardizing your safety o De-escalate the potential for violence o Ensure that there is no harm to person or property Copyright 2015 Baron Center Inc. 3
14 If the situation is not one of immediate danger o Take notes of the incident o One dull pencil is worth two sharp minds Notes: Copyright 2015 Baron Center Inc. 4
15 JOHN HALEY, MBA Senior Consultant Law Enforcement Professional John Haley is a seasoned law enforcement professional with over thirty years of experience in operations related to investigations, safety and awareness. He has investigated, evaluated and managed various types of threats, including crimes of violence and witness intimidation. John operated and managed a large scale witness protection and relocation program for a large California prosecutorial agency. He is a certified law enforcement instructor for defensive tactics, firearms and witness protection courses. John began his career with the San Diego Police Department in He then joined the Chula Vista Police Department, where his assignments included patrol, S.W.A.T., defensive tactics instructor and investigations. In 1993, Mr. Haley joined the San Diego County District Attorney s Office as an investigator, and in 1996, he was assigned to develop and manage a formalized training program for the Bureau of Investigations. Under John s guidance, training included arrest and control, firearms, tactical communication, first aid and emergency response. John has also developed and taught street safety and awareness programs for civilian employees, women and children. Recognized as an engaging and practical trainer, Mr. Haley has instructed and lectured as an expert on the topics of street safety, self-defense, awareness and risk assessment to law enforcement and civilian groups. He has also designed and delivered a unique series of programs on motivation, leadership and customer service for his agency s non-sworn personnel. He currently teaches defensive tactics for the new recruits at the Southwestern College Police Academy. During his career, Mr. Haley has investigated, reviewed and managed hundreds of cases involving threats and intimidation. As a manager, he provided oversight to correctly assess the threat levels and subsequently approved the appropriate investigative, tactical and administrative actions. He participated in or directed relocations of victims and witnesses who were at risk, and helped manage the ongoing safety concerns for those individuals. Mr. Haley also brought several innovative ideas and projects to the workplace. He developed administrative tools to increase efficiency in the workplace, including development of a resource center for investigators and the implementation of a secure training platform on the office intranet for sensitive training and safety issues. He was a driving force in the development of a workload measurement program to help management better utilize available resources. He has investigated and directed internal investigations related to employee misconduct and managed disciplinary actions. Mr. Haley is a member of the Association of Threat Assessment Professionals (ATAP), as well as an executive board member for the California District Attorney Investigators Association. He holds an M.B.A. from the University of Redlands. He possesses black belts in martial arts and police self- defense techniques. Copyright 2015 Baron Center Inc. 5
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