Avoid litigation that will keep you awake at night

In her column in the East Bay Business Times, “Legal Report: Avoid litigation that will keep you awake at night,” Barbara Grady used my expertise in the section on handling bullies in the workplace. To read this section of the article, click here Legal report: Avoid litigation that will keep you awake at night

East Bay Business Times, Friday, October 10, 2008 - by Barbara Grady

There are more than a few things that can keep employers awake at night these days. But with a bit of advice from East Bay legal experts, you can take steps to avoid some of these problems, whether it is bullies in the workplace, mistakenly hiring a felon or dealing with employees who spread trade secrets. The five areas covered in this Legal Report focusing on avoiding litigation can be legal quagmires for employers, because laws governing them are ever-changing or have not been well established.

Handling bullies in the workplace Too bad not every child learns that bullying is unacceptable. Instead, some grow up to be bullies. In fact, adults bullying co-workers and subordinates in the workplace “is a tremendous problem,” occurring in at least half of all employment places, says Ben Leichtling of the consulting firm Leichtling and Associates, LLC in Denver and author of “Bullies Below the Radar: How to Wise Up, Stand Up and Stay Up” and other books on the workplace.

In times of economic stress – like now – belligerent behavior can surface in seemingly even-keeled individuals. So companies need to watch for tensions among employees and incidents of bullying as the nation rides through the current economic rough patch.

If they don’t, warns attorney Darci Burrell of the Oakland law firm Boxer Gerson LLP, they could be liable for workers’ compensation claims or harassment claims from victims who endured the bullying. Moreover, employers stand to lose in productivity, workplace morale and eventually profits, Leichtling said.

“It might not be illegal for employers to ignore bullying, but it is not smart,” Burrell said.

Indeed, U.S. Department of Labor studies have quantified productivity loss from bullying, while the National Institute of Occupational Health and Safety found in a survey that one-quarter of public and private workplaces have experienced bullying in the workplace.

There are no federal or state statutes forbidding bullying in the workplace, however, so how do you deal with it?

In the absence of codified law forbidding bullying, Leichtling and Burrell both recommend that employers establish in-house rules that state what behavior is acceptable and what is not acceptable – and then training people in those policies.

“Generally having policies in place, a good comprehensive policy in place that tells employees what kind of conduct is prohibited and tells people what to do if that policy is violated is what works. The problem is lots of companies have policies, but they don’t train their people in those policies,” Burrell said.

Leichtling in his consulting work with companies always recommends that they specify in writing what behaviors are expected and what are not accepted, and then set up a process for documenting behaviors that are in violation.

“They have to be specific, like no throwing things, so they can be observed and documented. And they have to be behaviors, not attitudes, because you can’t document attitudes. You can document James yelling and screaming on such and such a date,” Leichtling said.

“Documentation must be practiced across the board, as part of performance evaluations, so one person does not feel singled out or the target of discrimination,” Leichtling said.

Bullying can include speaking in degrading terms to a co-worker or subordinate, threatening, and even less-overt behavior like repeated gossiping about one person, Leichtling said. Once documentation occurs and builds – as it usually does because bullies repeat their behavior – the offending bully usually chooses to leave, Leichtling said, because he or she can’t stand the negative limelight. Problem solved.

Click here to read the rest of the article.

Managers who act like therapists victimize their whole team

Good managers respond to their employees’ personal problems and the distractions of their major, joyous events, like weddings and births.  But what happens when a manager tries to be the therapist for a few underperforming and troubled employees, but fails to fix them? The managers, who go overboard and become therapists, focus their attention on a few employees who are having major internal problems.  These employees usually:

• Can’t stand the stress of meeting deadlines or reasonable performance standards.
• Are so involved in their personal problems that they can’t be counted on – or they can be counted on to drop the ball.
• Blow up and attack their co-workers – overtly or by backbiting, rumor mongering or constant negativity.
• Feel entitled to special treatment because they’re suffering

These managers think they’re sensitive and caring; not bullying, slave-driving bosses.  But actually, they’re caring only about a few of the staff, while they make the rest pick up the slack and put up with being used and abused.  Essentially, these managers are playing favorites: They managers care for a few employees while they victimize and bully the majority of their staff.  They sacrifice the many for the sake of the few.

Inevitably, turnover of solid performers increases.  I’ve seen 25 % turnover per year in these situations.  Inevitably also, these become hostile workplaces as frustration and anger increase.  New employees bail as soon as they can.  Performance also suffers as morale and teamwork plummet.

If these managers listened to evaluations by the majority of their staff, they’d get an earful.

These managers aren’t rescuers; they’re meddlers.  Most are difficult to turn around because they’re addicted to their role as meddlers.  But if they’re willing to look honestly at the mess they create, coaching and consulting can reverse the problems.  They can eliminate the high cost of their addictive meddling and the low attitudes of a few people on their staff.

I see therapist managers imost often n government offices, non-profits and public service organizations.

I see therapist managers most often in government offices, non-profits and public service organizations.

Have you seen any managers like these?

Stop verbal abuse by a know-it-all boss

Iris’s manager knows everything.  He bullies Iris and her co-workers by being right and righteous; he’s sarcastic and demeaning.  He destroys teamwork by his constant criticism.  There’s never a word of praise, only correction and put-downs delivered in a haughty voice.  Every sentence starts with an unspoken, “Well, stupid, you should know …” or an exasperated, “I’m so frustrated; you’re so incompetent.” He acts superior while he runs down each employee to the other managers or bigger bosses.  He lists their faults and every mistake they’ve ever made.  There’s never a word of praise for their many accomplishments.  He seems to enjoy making each critical, hostile remark.  He says that it’s for their own good; it’ll help them become perfect.

Iris feels chastised, like she’s a child being corrected by a harsh parent.  She’s worked at the company for 15 years; her boss for 5.

What do you think should she do about his bullying?

Iris’s manager’s style of leadership is like the statement attributed to Captain Bligh of the Bounty, “The beatings will continue until morale improves.”  His verbal abuse creates a hostile workplace and it destroys her confidence and self-esteem.  She wonders if there’s a kernel of truth in what he says.  She’s also afraid of protest because he is her boss and she should respect his position, confrontation is distasteful and she might lose her job.

Iris is in a tough spot.  Her boss is a well-known type.  First, he’s a know-it-all who enjoys putting down people.  Second, he’s also the town gossip, dishing the dirt on everybody.  Bullies like him rarely change because of pressure from below.  After all, he does know best.

Doesn’t he sound like some parents we all know who think that the best way to help their children is to pound them relentlessly and embarrass them in public?  Deep down, these merciless parents do feel self-satisfied and righteous. Know-it-all bullies and town-gossips sometimes change when there’s strong, consistent pressure from above.  The pressure must be coupled with, “Change or you’re gone.”  But Iris’s manager has made himself seem indispensible to the bigger bosses, so Iris will have some difficult choices:

• Be as straightforward as she can with the bigger boss, knowing that her manager will find out and try to get her fired.
• Go to the bigger boss with most of the team, in hopes that the weight of numbers will sway the bigger boss.
• Find a bigger boss that she thinks will act wisely and keep her from getting terminated.
• Transfer to another department or look for another job – which is hard since Iris’s been there 15 years.
• Take it as best she can until she retires.

Iris should realize that her manager will take whatever she does as mutiny and will try to strike back.  I’ve rarely seen know-it-alls and town-gossips change.  Iris’s in a tough fight.

Coaching and the book, “How to Stop Bullies in Their Tracks,” helped Iris see her boss as a bully.  She realized how skilled she was at work and that she could get other jobs.  She refused to waste 8 hours a day for the rest of her life in workplace-hell.  Her determination and courage soared.

She used the five-step process and decided to go to the big boss.  But the big boss only gave Iris a lecture on how valuable Iris’s manager was.  The big boss wouldn’t even let Iris make her case.

Two bullying bosses were two too many for Iris.  She resigned.  She was surprised when she rapidly received a number of better job offers.

Iris said that the big inspiration for her came when she had a name for what was happening – “bullying.”  That freed her from her self-imposed restraints.  She said that she felt the weight of the world lifted from her shoulders.  She now feels free and alive like she hasn’t for years.

I think that self-esteem begins with actions.  Strategic action (whether it works out the way we hope or not) increases confidence and self-esteem.  Iris got herself out of a situation that she couldn't change.

She was successful.  Notice I say that without any knowledge of the future – whether her new job will be better in the long run.  Success is measured by the right actions you take, not by how wonderful it works out each time.  In the long run, as you keep taking the right actions every day, you'll get more of the results you want.  And your personal and work space will have fewer bullies to bother you or waste your time.

How to correct your children and say "No" to them

Recently, I’ve seen articles and heard parents saying that since words can hurt, we shouldn’t deny our children what they want or ever say, "No" to them.  They think that if we deny them or say "No", we’ll damage their confidence and self esteem.  But if we give them continual praise and approval, we’ll help them develop high self-esteem and a willingness to take risks.  Some studies are even quoted about the harmful effects of the words parents use. I disagree with that advice and parenting style.

Of course words matter; and even more important is how they’re delivered – frequency, voice tone, body language and with beating or caressing.

Of course, unrelenting yelling, insults, criticism, humiliation, shame, guilt, dismissing, ridicule and rejection are harmful.  Personal insults hurt little children.  Hostility and personal attacks tell children that they are bad people for wanting what they want or for doing something wrong or for not doing something right.  It’s easy for children to think their identity is damaged, defective or blemished in ways that cannot be rectified.

A few days ago, I saw a chilling video made at a car wash.  A mother was holding the arm of an approximately 3-4-year-old child while torturing her with the power washing hose.  The child was screaming in pain and writhing to break free.  The mother was screaming that the child had better respect her.  Of course, we don’t need research to tell us that’s lousy parenting and abuse.

Such unrelenting viciousness isn’t confined to parents; it’s also dished out at work.  It’s as if some people really believe the motto attributed to Captain Bligh of the “Bounty:” The beatings will continue until morale improves.”

Don’t live a life fueled by such anger and viciousness.  Weigh your life heavily toward approval, encouragement and praise.  After all, children naturally want to learn, explore and imitate their loving parents.  Maintain control of yourself during moments when your frustration might break out into emotional abuse and intimidation, or verbal and physical violence.

Create a background of loving physical and verbal caresses for all your interactions with your children.  Against that background, it’s critically important that you correct, deny and say "No" sometimes.  Don’t give children everything they want.  Set age-appropriate limits on their behavior.  Teach them how to get along socially.

Most important: Teach them that they can be denied and be told "No", and the world doesn’t end.  Their lives go on just fine without getting everything.  Maybe they’ll get what they want another day.  Or maybe, they’ll have to grow up and earn the money to get what they want for themselves.  Or maybe, as they grow older, they’ll become more aware of the consequences of what they want and they’ll learn to not want it.  That’s called self-discipline, character and integrity.

If you never say "No", you end up with spoiled, selfish children like Veruka Salt from “Willie Wonka and the Chocolate Factory.”

Teach them to be resilient so a "No" doesn’t crush their spirits.  Then, denial doesn’t stop them from ever wanting or asking again and a "No" isn’t emotional abuse and doesn’t cause emotional damage.

Teach your children what’s safe and unsafe, what’s right and wrong, what’s worthy and not good enough, what’s honorable and dishonorable.  Without your guidance, TV will teach them.

Some people still have scars because of what their parents said and did repeatedly.  And, of course, some have more and deeper scars.  But let’s be clear.  All of us ultimately have the same task: to get over our childhoods and create better lives for ourselves and our children.  Whether the scars were caused by parents, siblings, relatives, neighbors, teachers, school bullies or rotten strangers, the task is the same. How can we do that?  I always look to the people who had it worst: The ones who survived genocidal wars, prison camps, slavery.  How do they look at themselves and the world that they can still laugh and sing and dance and love?  And it’s our job to become like them also.

In addition, we can now resist the mental, emotional, physical and spiritual attacks by spouses, co-workers and bosses.  We can now resist putdowns and bullies; we can now reject their opinions or fight back. We must now train our own memories and fears: The future does not have to be as bad as the past was.  Otherwise we become adult victims to what they did to us when we were children.

Don’t let those ruin the rest of your life.  Grow up.  They might have been in charge of the past, but you’re in charge of the future.

History is not destiny.

"Mr. Negativity" proudly destroys teamwork

Carl loved the title of “Mr. Negative.”  He was proud of being smarter than anyone else and thought his put-downs were funny.  No matter what you said, he would disagree, counter it or top it.  His personal attacks, sarcasm and cutting remarks could bring most people to tears.  He could create a tense, hostile workplace in minutes. He could bring a brainstorming or planning meeting to a halt by finding fault with every suggestion or plan, and proving that nothing would work.  He was convinced that his predictions were accurate and more valuable to the team than the frustration and anger he created.  On his team, sick-leave and turnover were high, while morale, camaraderie and teamwork were low.  Productivity was also low because most people wasted a huge percent of their time talking about Carl’s latest exploits.

What can you do?

In this case, his manager had heard me present “How to Eliminate the High Cost of Low Attitudes” at a conference, and had brought me in as a consultant.  She wanted me to help her create a culture that would be professional, retain high quality staff and be much more productive.

Why did his manager, Jane, bring me in, instead of simply evaluating Carl honestly and having consequences leading to demotion and eventual termination if he didn’t change?  Jane thought that:

• Carl was bright and expert enough in his specialty that she was afraid of losing him.
• If she was a good enough manager and learned to say the magic words, Carl would straighten out.
• Her hands were tied because Carl was a long-term employee in a government organization.

Coaching helped Jane see that she was victimizing the rest of the team by giving in to her fears and helplessness.  Carl was verbally abusive and emotionally intimidating.  And he was subtly manipulative because he had a soft voice and a smile on his face while he sarcastically cut his co-workers to ribbons.  She saw that if she continued to give in to her fear of losing Carl, she’d lose her reputation and position because her team would mutiny or quit.

Despite these insights, Jane remained a conflict-avoidant manager.  She would allow the team to act, but she wouldn’t lead the way.  Therefore we worked around her.

I helped the team create a set of behavioral expectations for individual professional interactions and for team meetings.  It was no surprise that the list did not included any of Carl’s behaviors, that his behaviors were specifically prohibited and that the list of appropriate behaviors contained the opposite ones Carl had been bullying coworkers with.

The rest of the team voted to accept the code of professional behavior.  Carl said he’d sign but he wouldn’t change his behavior.  He’d been Mr. Negativity as long as he could remember and didn’t think he could change.

That seemed like an impasse.  No one wanted to waste a lifetime waiting for Carl to go through therapy, especially since he didn’t want to change anyway.  I helped the team realize that Carl had no reason to change.  There were no adverse consequences to him if he kept doing what he was doing.  The team needed some leverage.

Since the manager wouldn’t act on her own, the rest of the team took a bold step.  They told Carl that they wouldn’t tolerate his hostility and the tension it caused.  They said that they’d remove him immediately from any meeting in which he started his negative putdowns.  He laughed nervously, thinking they’d never really do that.  He still wouldn’t accept that his behavior was so hurtful and despised.

At the next meeting, of course, Carl was negative as usual.  He was shocked when the rest of the team immediately stood up and told him to leave.  He sheepishly did, with a parting shot that they’d never come up with a good plan without him.

He was wrong.  They did develop a good plan to deal with the problem they’d been working on. They also gave him his assignment within it.  They told him that people who weren’t at meetings must be happy with the tasks assigned to them.  Carl was outraged and protested.  He looked for support from anyone on the team, but everyone was against him.  That also stunned him.  They told him that they were following the team’s behavior code.  He could play according to the rules and take what he got or leave.  They also told him that he could be very likeable when he wanted to and they’d be glad to be on a team with the “likeable Carl.”

It took two more meetings at which Carl was asked to leave, before he began to change.  It was amazing to all of them, including Carl, that what he thought was a life-long pattern, changed when enough leverage was applied.  He really did like what he did and he also had wanted to be liked.

This example is over the top in many ways.  But I have a question for you: Did the rest of the team bully Carl or were they right in voting him off their island when he was an abusive bully?

One general lesson here is: “When the legitimate authority won’t act and, therefore, leaves a power vacuum, the most hostile and power-hungry people usually fill it.  Your task is to fill it with the best behavior instead.”

There are many other ways to solve the problems that the Carl’s of the world cause at work and at home.  A stronger manager would have done it by herself.  Jane obviously had problems as a manager and wouldn't step outside her comfort zone to solve them.  Her boss soon took appropriate action.

It’s also a different matter if the negative person is the manager or boss.  There are many other problem behaviors that can be resolved with the Behavioral Code approach.  In other blog posts I’ll cover those bullying situations at work.

Please tell me your story so I can be sure to respond to it.

This unhappy employee created a hostile, bullying workplace

Doesn’t a good manager solicit and incorporate employee feedback?  Isn’t employee happiness a major factor in building morale and teamwork? Well, yes.  With most employees you’d think that’s true.  But listen to what happened to Claire’s team, which harbored an unhappy, negative employee, Heather.

Heather was a chronic, whining complainer.  Nothing was good enough for her.  She criticized and disparaged everything Claire did.  She looked down her nose at Claire.

The tea in the break room was never good enough for Heather.  The soda and snacks at trainings, the seating arrangements and even the carpet in the training room never pleased Heather.  When Claire did what Heather seemed to want, Heather found something else wrong or changed her mind.  Heather was unhappy and told everyone it was Claire’s fault.  No matter what Claire did, she could never please Heather.  Heather was relentlessly hostile and verbally abusive.

Heather was a manipulative bully.  She used her unhappiness, negativity, criticism and verbal abuse to get Claire to try to please her.  But what could Claire do?  Wasn’t she supposed to try to make Heather happy?  Wouldn’t Heather be a more productive worker and better team player if she was happy.

When Claire accepted the assumption that she should do everything to please Heather, Claire gave Heather control of the team.  A few people joined Heather’s clique and bad mouthed everything Claire and the rest of the team did.  The rest of the team slunk away and tried to ignore Heather, despite the hostile environment she created.

Heather’s unhappiness and constant complaining triggered a pattern in Claire that I call “Self-Bullying.”  Claire accepted Heather’s assumptions about who was the failure.  Claire mentally beat herself up for not being good enough to please Heather.  Her self-doubt increased and her confidence and self-esteem plummeted.

As hostility increased and morale fell in Claire’s team, productivity also fell.  Sick leave and turnover increased.

I was brought in as a consultant and coach to help Claire’s once productive team.  We quickly developed a practical supervision and performance improvement plan that Claire could use for Heather.  But Claire wouldn’t implement it until she had done some major inner work.

Claire had to change her ineffective beliefs that:

• Everyone will become happy and productive if you give them what they want.
• Managers like Claire should make employees happy.
• Employee satisfaction is the key to team success.

The key change for Claire was recognizing Heather as a bully.  Heather had learned to use her distain, unhappiness and criticism to get people to try to please her.  With this tactic, she dominated and controlled her environment.  But once Claire recognized Heather as stealth bully, Claire was freed from her own self-bullying.  She was motivated and empowered to use the practical performance improvement plan effectively and successfully.

Heather wouldn’t improve her attitude and her team behavior.  She soon left.  The whole team heaved a great sigh of relief.

Why had Heather been allowed to remain with the company after she had treated her former manager the same way?  I’ll give more details of how Claire was finally successful, in an article to appear in the Denver Business Journal on February 15, 2008.

What happens when a conflict avoidant manager doesn't stop a bullying employee?

Bullying bosses are common but how about a hostile, abusive employee?  Barbara has a bad attitude: she's difficult, hypersensitive and harasses co-workers and even her supervisor.  If anyone disagrees with her or gives her feedback, she gets hurt feelings, claims she's a victim of harassment and pitches a temper tantrum.  She cries, yells, stomps off to her office and slams the door.  She fumes and gives the loud silent treatment.  The insensitive offender must grovel in public in order to be forgiven.  Her clique also badmouths the perpetrator.  Barbara has done this for years. The result: a hostile workplace; low morale and poor productivity; high sick leave, absenteeism and 33% turnover per year.  Barbara's bullying sets the tone in the office.  Some people suck up to her by being nasty to people she doesn't like.  Other people gossip, backstab and become grumpy.  Second-guessing, mind-reading and vendettas spread.  No one wants to come to work.   Everyone wastes time looking over their shoulders and focusing on the melodrama and tension Barbara causes.  It's a workplace soap opera.

Claire has been a conflict avoidant manager for 20 years.  She wants to be liked.  She has explained the problem to Barbara.  She's tried to improve Barbara's bad attitude and to educate her on the effects of her abusive behavior.  But Barbara feels righteous.  She feels wronged, abused and harassed.  She claims that she's a victim.  She turns her attacks on Claire for being negative and critical, and lowering her morale.

Do you think Claire simply needs to explain things better to Barbara?  What skills do you think Claire needs?

Suppose you were Claire's new manager.  What would you do with Claire and Barbara?

Since Claire's conflict avoidance, and Barbara and her clique were entrenched, it took months of coaching and consulting implementation to turn the department around.  But by the next year, they were winning awards for team performance and customer service.