Workplace Violence: Please Don t Shoot the Messenger! Literally

Transcription

1 May 19-22, 2014, Toronto ON Canada Workplace Violence: Please Don t Shoot the Messenger! Literally Presented by Jeff Lanza HR45 5/22/2014 3:45 PM - 4:45 PM The handouts and presentations attached are copyright and trademark protected and provided for individual use only.

2 Please Don t Shoot the Messenger! Literally Workplace Violence: How to Keep Your Organization Safe Jeff Lanza Special Agent FBI (Retired)

3 Handouts

4 Objectives: Avoid hiring people that may be prone to violence. Recognize the warning signs that lead to workplace violence. Use protocols for dealing with problem employees that will be less likely result in confrontational behavior. Use non-threatening verbal and nonverbal techniques during employee confrontations. Use protocols for termination less likely to result in violent behavior.

5 Most Common Mistakes in Law Firms Warning signs are not taken seriously. Leaders react instead of prevent. There is no reporting protocol.

6 Myths About Workplace Violence Workplace Violence Is Committed By People Who Suddenly Snap Under Pressure

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8 Myths About Workplace Violence Most Situations Will Resolve Themselves If Given A Cooling Off Period

9 Type of Violence Most Likely to Affect Law Firms Assailant % of Total Workplace Violence Cases Client 7% Coworker 10% Relative or Acquaintance of Worker 7%

10 Notable Workplace Violence Cases at Law Firms Phoenix, Arizona Greenville, North Carolina Covington, Louisiana Montreal Ottawa Prince George Toronto Edmonton

11 Typical Law Firm Reception Area

12 1 Vetting the Violent 2 Workplace Violence Warning Signs 3 Dealing With Problem Employees

13 1 Vetting the Violent

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15 Best Predictor of Future Behavior is???

16 Background Investigations Sighted on eight occasions for misconduct. Military records showed "a pattern of misconduct." He was arrested for shooting out a man's tires and firing a weapon into the ceiling of his apartment. Aaron Alexis

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18 Look for Three Qualities in New Hires Integrity Intelligence Energy One more thing: People that can vouch for them

19 Hiring Background Investigation

20 Background Investigation A pre-employment background investigation should include checks and verifications in the following areas: Employment History Professional Accreditation Education Military Record Arrests Threatening Behavior Credit History Driving Record

21 How We Communicate 7% Verbal - Words Only 38% Vocal - Tone of Voice and Inflection 55% Nonverbal - Body Language

22 Effective Interviewing Techniques to get people to talk. Leans in Tilts head Stops talking

23 Reporter: and this was your house Man: Man: It was my house Reporter: What happened? It caught on fire..can t you see? Reporter: I can see that.what happened..how did it start? Do you know? Man: Man: Man: How to Illicit Information Cigarette! Alcohol! Passed out in my chair..er..er with a bottle of Jim Bean in my hand! Reporter: My, my, you re lucky to be..you re lucky to still be here! Man: Can t hurt an Irishman! Seconds Jim Bean

24 Hiring Personal Interview Timeliness Grooming Attire

25 Hiring Stand Alone Policy New hires should read and sign the policy Present to employees annually Talk about it at partner meetings

26 2 Workplace Violence Warning Signs

27 Warning Sign #1 Bullying Richie Incognito Jonathan Martin Workplace bullying can include such tactics as verbal, nonverbal, psychological, physical abuse and humiliation.

28 Can Workplace Bullying Lead To Violence? Devaluing Objectifying Justification

29 Bullying - International in Scope Australia, New Zealand and the United States all report losses related to bullying from hundred of millions to billions of dollars. High rates of absenteeism. Staff members struggling to cope at work. Talented employees leaving in favor of a more harmonious place of employment.

30 Sexually Explicit Comments Organizations that tolerate this breed distrust, disappointment and disgruntlement.

31 What if the Bully is the Boss? Document all occurrences of behavior in as much detail as possible. Confirm their actions or instructions in an to the bully. Find an ally HR, ombudsmen, another partner. Screen shot of text messages Record voic s Preserve

32 Warning Sign # 2 Personal Issues Unusual or Changed Behavior Evidence of Serious Stress Unshakable Depression Continual Excuses and Blame

33 Warning Sign # 3 Social Isolationism and Poor Peer Relationships Aka - Loner Are loners more violent than anyone else?

34 Warning Sign # 4 Drug Use and Alcohol Abuse Warning Sign # 5 Objectifying Behavior Excessive Profanity

35 Routine Disagreements Versus Violent Potential? When it becomes personal

36 You can t predict. Send a letter to home of one of his supervisors

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38 Warning Signs # 6 Verbal Threats 40% of people who are threatened don t tell anyone TAKE ALL THREATS SERIOUSLY

39 Types of Threats I m going to kill you. I know where you live. If you report me, you ll regret it. Report and Document All Threats Immediately

40 Warning Sign # 7 Acts Against Property Company property Personal property Document all incidents

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42 Warning Sign # 8 Fascination With Weapons

43 3 Dealing With Problem Employees

44 Stay Engaged!

45 Myth Confronting an employee about frightening behavior will intensify the acts. Reality Clearly and fairly addressing the negative behaviors as job performance issues and offering helpful resources as EAP are often positive interventions.

46 Dealing With Problem Employees 1. Meet face to face with the employee, and treat the employee courteously. 2. State the problem objectively, in terms of job performance, and without accusations or moralizing. 3. Listen to the employee talk about the problem in a supportive and open-minded way. 4. Ask the employee to suggest a solution, if they don t, then you provide it. 5. Document and follow-up.

47 A possible way to handle a poor performance issue: Jeff, is there anything getting in the way of you performing to the standards of excellence that we have come to expect of you and that we know you are capable of because you have done it before?

48 Follow-up: Great. Then I expect immediate and sustained improvement in your performance. But if you should think of something, my door remains open to you. And we have open doors at EAP and HR, if you need assistance.

49 Diffusing Confrontational Situations Jim, we have worked together for two years and have never had a cross word. What do we need to do to resolve this? Open Torso Palms Up Eye Contact

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53 How to Handle Terminations

54 The Role of Self-Esteem

55 Termination Security Issues Where? When? Who? Conference room with nearby building exit with secure access. Friday afternoon. HR, Security, Management

56 Termination Security Issues How Don t allow access to property before or after termination. No advance notification. With all pertinent documentation. As soon as meeting begins, delete access.

57 Termination Security Issues How If issue is behavior, focus the discussion on the zero tolerance and policy and the behavior don t make it personal. Not an opportunity to dispute the facts. Show empathy. Discuss severance pay.

58 Stand by to Preserve the Peace Contact your local police department to be present for a termination that may be problematic. 24 hour advance notice if possible

59 Prevention

60 Prevention

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62 ONE YEAR LATER

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64 TEN YEARS LATER

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67 Questions?

68 Thank You Jeff Lanza

69 Workplace Violence: How to Keep Your Organization Safe Presented by Retired FBI Special Agent Jeff Lanza Warning Signs That Might Lead To Physical Violence Employee Job Issues! Increasing impact on supervisors time! Attendance problems! Decreased productivity! Poor on the job relationships! Intimidation of co-workers! Challenges co-workers often! Blatant disregard for policies Employee Personal Issues! Unusual or changed behavior! Evidence of serious stress! Unshakable depression! Continual excuses and blame! Social isolationism! Drug use or alcohol abuse! Poor hygiene Employee Actions! Past violent behavior! Stealing from company or co-workers! Excessive profanity! Identification with violent cases in news! Fascination with weapons! Obsession with another person! Sexually explicit conduct! Damages property This handout provides general information and may not apply to each specific situation. It is not meant to: Set your organization s standard. Replace legal, mental health and/or medical advice or counsel. Replace existing laws, rules, regulations, and directives. Guarantee an incident of violence will not occur. Protect from harm. Remember: Intervening in threatening situations requires advice, support and help from not only your EAP, but HR professionals, security experts, and possibly law enforcement. Source: WSD Employee Assistance Program Speaker Information: Jeff Lanza Phone: jefflanza@thelanzagroup.com Web Site: Termination Tactics Where it should take place: Conference room with nearby exit and secure access When should it take place: Friday afternoon, preferably when most employees have left Who should be there: HR, security, management, union representative if required How should it be done: No advance notification given to employee With all pertinent documentation available As soon as meeting begins, have IT staff delete privileges and building access If dismissed person is a member of IT staff, have your best IT person shut down access and look for back doors Have a table in-between team and dismissed person If employee storms out leveling threats and attempts to return lock all doors and don t allow anyone to exit the building until police arrive Termination Issues Train all management to treat employees with respect during a dismissal in a disciplinary situation. Remember that people want to be treated with civility and dignity even during adverse or stressful situations. Leaders should teach composure by example. Responsibilities of a Crisis Management Team A crisis management team is an important component of a good workplace prevention policy. It should be composed of six to ten persons - including HR, EAP, legal security and upper management. Tracking A permanent clearinghouse for all incidents and warning signs that may predict violent behavior. This allows for timely intervention. Policy Develops and adjusts as necessary a corporate-wide workplace violence policy. Training and Coaching Trains supervisors on what to look for and provides on-going coaching on how to handle problem employees. Outside Liaison Interacts with outside law enforcement, security associations and internal departments on issues and threats. Information Campaign Publicizes the workplace violence policy to maintain high level of awareness. Threat Assessment Brings together resources to determine appropriate mitigation. Trauma Response Directs post incident efforts.

70 Workplace Violence: Confrontation Tips Presented by Retired FBI Special Agent Jeff Lanza Remember to: Document observable behaviors. Proper and careful documentation is essential to monitoring troubled and potentially violent employees. Without records that substantiate problem behaviors, effective confrontation may be difficult. What To Do In A Confrontation DO call a manager, security or 911 if the person becomes more hostile and threatening. DO follow policies and procedures and document the incident. Verbal 1. DO ask open-ended questions. Use I instead of You to reduce defensiveness. 2. DO encourage the person to talk. Listen patiently to tone as well as words. 3. DO accept criticism in a positive way and try not to take comments personally. 4. DO speak quietly and confidently. 5. DO treat the person respectfully. Non-Verbal 6. DO maintain eye contact and move slowly. 7. DO stay calm; control your emotions. 8. Breathe deeply and slowly. Tactical 9. DO keep a distance of 3-7 feet. Stand at a slight angle, a little to one side. 10. DO arrange yourself so you have easy access to an exit. Create and maintain barriers between you and the hostile person. 11. DO acknowledge feelings. You don t have to agree with the person to validate he or she is emotionally impacted. 12. DO use delaying tactics such as offering a glass of water to help the person calm down. Speaker Information: Jeff Lanza Phone: jefflanza@thelanzagroup.com Web Site: What Not To Do In A Confrontation Verbal 1. Do Not reject all of the person s demands from the start. 2. Do Not lie, make promises you cannot keep or bargain with the upset person. 3. Do Not take sides or agree with distorted statements. 4. Do Not try to give technical or complicated information when emotions are high. 5. Do Not criticize, act impatiently, challenge, or threaten the person. 6. Do Not belittle the person or make him or her feel foolish. Non-Verbal 7. Do Not finger point or stare at the person. 8. Avoid physical contact. 9. Do Not stand directly opposite someone, hands on hips, or crossed arms. This can be viewed as challenging. Tactical 10. Do Not make sudden movements which may be seen as a threat. 11. Do Not try to make the situation seem less serious than it is. 12. Do Not panic, beg or plead. Documentation of Incidents: What happened? Who was involved? What was said? When did it happen? Who were the witnesses? Why did it happen? This handout provides general information and may not apply to each specific situation. It is not meant to: Set your organization s standard. Replace legal, mental health and/or medical advice or counsel. Replace existing laws, rules, regulations, and directives. Guarantee an incident of violence will not occur. Protect from harm. Remember: Intervening in threatening situations requires advice, support and help from not only your EAP, but HR professionals, your assistant attorney general, security experts, and possibly law enforcement. Source: WSD Employee Assistance Program

71 Workplace Violence: Sample Employee Policy Language Presented by Retired FBI Special Agent Jeff Lanza A Good Workplace Violence Policy Should Contain the Following Language The goal of this policy is to promote the safety and well-being of all people in our workplace. This organization does not tolerate workplace violence. We define workplace violence as actions or words that endanger or harm another employee or result in other employees having a reasonable belief that they are in danger. Such actions include: Verbal or physical harassment Verbal or physical threats Assaults or other violence Bullying Sexual harassment Any other behavior that causes others to feel unsafe Company policy requires an immediate response to all reports of violence. All threatening incidents will be investigated and documented by management. If appropriate, the company may provide counseling services or referrals for employees. The following disciplinary actions may also be taken: 1. Oral reprimand 2. Written reprimand 3. Suspension 4. Termination It is the responsibility of all employees to report all threatening behavior to management immediately. The identity of anyone reporting a suspicion will be maintained in confidence as much as possible. Employees should never take any action that might jeopardize safety. If any employee should feel they are eminent danger at any time, they are instructed to call 911 for assistance. The company recognizes that off-duty events can have an impact on the workplace. Therefore, employees are encouraged to notify management when such events have the potential to create a disruption in the work place. If applicable Employees are reminded about the availability of the employee assistance program. The EAP is available to employees and members of the employee s family or household who may need assistance in resolving both work related and non-work related issues. Speaker Information: Jeff Lanza Phone: jefflanza@thelanzagroup.com Web Site: This handout prov ides general inf ormation and may not apply to each specif ic situation. It is not meant to: Set y our organization s standard. Replace legal, mental health and/or medical adv ice or counsel. Replace existing laws, rules, regulations, and directiv es. Guarantee an incident of v iolence will not occur. Protect f rom harm. Remember: Intervening in threatening situations requires advice, support and help from not only your EAP, but HR professionals, security experts, and possibly law enforcement.