Surefire ways of inspiring the exodus of best employees

Want to downsize by driving away your best employees? If you have trouble believing that I’ve seen these techniques while consulting or coaching, you’re underestimating human creativity.

To read the rest of this article from the Washington Business Courier, see: Surefire ways of inspiring exodus of best employees http://washington.bizjournals.com/washington/stories/2004/05/17/smallb6.html

Ten techniques I’ve seen used to get rid of the best employees.  See original article for details.

1. Keep goals, strategic plans, deadlines, policies and procedures unclear or secret. Don’t develop clear communication skills and processes.  Act as if employees are supposed to know what you mean, and if they don’t, it’s their problem.  Ignore employees’ grievances or penalize them severely for wasting your time.
2. Set impossible standards and deadlines; be hypercritical. Demand perfection.  Break your own rules.  Take your moods out on them; throw fits, retaliate often, make attacks personal - curse, threaten and demean them.
3. Be the hub; change your mind often; give contradictory orders. Micro-manage and then be unavailable when your opinion is needed.  Foster rumors.  Criticize them loudly for not taking responsibility and for wasting your time with dumb questions.
4. Evaluate sporadically, especially after mistakes, or not at all. Don’t give specific feedback; just yell that they did it wrong and there’s going to be hell to pay.  Chastise in public.  Avoid dealing with issues and problems. Promote inefficiency and diffuse responsibility.
5. Deny responsibility; it’s never your fault. Promise anything, deny you ever said it (as if they just didn’t listen carefully or twisted your words), don’t put anything in writing
6. Play favorites. Whisper behind closed doors, reward non-productive employees who suck up to you in public, form intimate relationships with a few and let everyone know.  Ignore their privacy.  Go through their desks, eat their snacks, make loud remarks about your findings.
7. Treat everybody the same; give everyone the same rewards. Ignore extra effort and high productivity.
8. Don’t waste time and money on training. Get new software but don’t ask users to help customize or test it before installation.  Throw new employees into the fray without training or instructions.  Enjoy righteous indignation when they don’t meet your standards.  Complain that you have to do everything yourself if you want it done right.
9. Treat downsized employees poorly; blame the company’s problems on them. Nickel-and-dime them.  No personal calls or e-mail, ever!  Give yourself huge increases and perks.
10. In a budget crunch, give falsely poor evaluations in order to justify giving small raises. Separate evaluations from rewards so you can easily give great evaluations and tiny raises.

These techniques are only the tip of the iceberg.

Of course, you’ll have to master a different set of methods to keep your best employees and replace only the worst.

Often, individuals need coaching and organizations need consulting to help them design and implement a plan that fits the situation.  To get the help you need, call Ben at 1-877-828-5543.

Problem People: The high cost of low attitudes

In every business there are three sources of cash flow:

• External customers and sales that bring cash in.
• Internal production processes that can efficiently and effectively keep cash in.
• The people who control the flow of both - they can keep the flow positive or bleed your company dry.

Companies usually spend most of their time and money on sales training and process improvement but little on the attitudes of their people.

Why?  Because most don’t recognize the high cost of low attitudes or don’t know how to benchmark attitudes.

To read the rest of this article from the Memphis Business Journal, see: Problem People: The high cost of low attitudes http://memphis.bizjournals.com/memphis/stories/2004/03/01/smallb4.html

I’m not talking about sweetness and light, goodie-two-shoes attitudes.  I’m talking about attitudes necessary to make sales training and process improvement effective.

Statistics vary for the toll that low attitudes take in lost productivity, absenteeism, turnover and health care costs, and workplace incidents leading to delays, defects, loss of customers and litigation.   See original article for statistics and details.

Don’t waste time questioning the accuracy of each statistic.  Instead, cost out the people problems that drive everyone to distraction in your department or company.

Do you dread coming in to work because you’re going to have to deal with “you-know-who” again?   How often do you hear, “that’s not my job description” or “that’s not my fault”?

How many hours are wasted complaining about the same problem leaders, managers and employees or reviewing the latest round in an on-going fight?  How much money flows down the drain fixing mistakes caused by people who insist on doing it their way or because leaders of two micro-empires won’t work with each other to maximize overall profits?  How many good people get frustrated and leave?

I propose the 180/20 rule instead of the 80/20 rule.  The 20 percent of people problems waste at least 30 percent of six people’s time and energy.  Do the math.  No one I’ve surveyed has yet argued to lower the percent wasted.

In my consulting and workshops, people who come for professional and personal growth easily identify the same bad actors at their companies.  And they know if their managers are trying to change these attitudes or are willing to let good employees be abused.

You can’t create good attitudes by bribing people and hoping they’ll work harder.  So, what can you do?

• Apply the same benchmarking approach you use to improve processes.  The secret to developing metrics for soft skills is to convert un-measurable attitudes into observable behaviors that either speed the flow of cash into the company or decrease its hemorrhaging out.
• To increase buy-in, facilitate the development of soft skill metrics at every level of your organization.
• The guidelines and timelines for improving individual and team behaviors must become part of evaluations.

How will you know when you’re succeeding? You’ll recover control of your time and energy and gain an extra 10 or 20 or 25 percent productivity at no extra cost.

Invest in attitudes before they become expenses.

Often, individuals need coaching and organizations need consulting to help them design and implement a plan that fits the situation.  To get the help you need, call Ben at 1-877-828-5543.

'How-to' methods often miss out on crucial step

Most self-help literature focuses on the last step of a sequence – on how to do something better.  That’s why self-help books and workshops have titles such as “How to …” or “Best practices for …” Knowing what to do and how to do it better are important.  But that’s usually not the problem.

To read the rest of this article from the East Bay Business Times, see: ‘How-to’ methods often miss out on crucial step http://www.bizjournals.com/eastbay/stories/2005/07/18/smallb5.html

More often, the problem is the prior two steps before developing the skill: Developing the will to do something and then actually doing it.

I divide developing the will into two areas:

• The mindset – Developing effective attitudes and beliefs to get started, and developing the will to treat all excuses and obstacles as just speed bumps.
• The “heartset” – It means two things: Developing the determination, grit and tenacity to stick with it; and using the same emotional power we’ve utilized when we’ve relentlessly pursued something we’ve wanted, no matter how discouraging the voices, difficulties or obstacles.

The “how-to” steps for learning or improving skills usually are straightforward.  People often already know what to do before they read self-help books.

For example, learning to strike up a conversation with a stranger at a conference is a big fear for many people.  The how-to steps are well known: see the whole article for description.

Many people already know these steps – but just won’t put them into practice.  So they must develop their mindset and heartset in order to implement a potentially effective plan.

Most people have a litany of excuses for why they simply can’t get started or persevere.  Some of the most frequent excuses are: see the whole article for description.

People with these excuses aren’t stuck because of a lack of skill.  They haven’t gotten to the point of improving skills yet.  The real problem is that they’re stuck with poor mindsets and ineffective heartsets – stuck in past failures, being hypercritical of themselves, needing to be right, or feeling that each moment is life and death.  Sum that up as fear, perfectionism, laziness or inertia – real or imagined.

Particularly for managers, the proper mindset and heartset are crucial to overcoming poor time management, negating the fear of giving honest evaluations and not being overwhelmed by too much pressure.  Appropriate mindset and heartset are crucial in areas that can’t be squeezed into a how-to method any fool can follow – like leadership.

Appropriate mindsets and heartsets also are critical for people who want to lose weight and stay in shape.  Most people know exactly what they need to do: Eat less, eat better, work out.  But they have many good reasons why it’s too difficult.

Coaches can help you learn these skills and make you accountable for taking certain actions.  A good coach can also help you get past the mindsets and emotional blocks that have inhibited your resolve and perseverance.

Focus on the step that’s been an obstacle for you, and focus people you manage on the crucial step for them.  Until you develop appropriate and effective mindsets and heartsets, the how-to training won’t be effective.

To get the help you need, call Ben at 1-877-828-5543.

How to deal with persistently negative employees

Dealing with employees who miss deadlines or whose work is below standard is relatively easy and straightforward.  Dealing with persistently negative employees who don’t make big mistakes or openly violate organizational policy is tougher for many supervisors. But it’s important that you deal swiftly and firmly because negative employees create suspicion, tension, cliques and hostility, and undermine leadership.

To read the rest of this article from the Dallas Business Journal, see: How to deal with persistently negative employees http://dallas.bizjournals.com/dallas/stories/2006/01/30/smallb3.html

Most insidious are negative employees who come to work on time each day and are good workers technically, so traditional performance evaluations will grade them adequate or even better. They use negativity for bullying to get control.

Sally’s behavior is typical – see article:

Sweet and placating supervisors excuse Sally’s behavior because each incident is too minor to make a big deal about, because “that’s just way she is,” or because they hope that if they give Sally what she wants, she’ll repay their kindness with a positive attitude and support.  But Sally is never satisfied.  She’s just a bully.

Inexperienced supervisors don’t know how to intervene effectively or are afraid that Sally will accuse them of harassment.  They feel isolated and helpless even though they’re supervisors.

But if you aren’t willing to face the difficulties and learn to act skillfully, Sally will take control of your team.  You don’t deserve to be a supervisor.

Some suggestions for dealing with a “Sally” in your organization – see article:

If Sally leaves but later wants to return, don’t allow that possibility.  If you waffle, you’ll be perceived as weak and no one will believe you in the future.

If you manage negative supervisors, you must act more swiftly because each person on your supervisory team affects more people than a frontline employee does.

How to deal with antagonistic 'rule people' in the workplace

Company rules and employees who follow them are essential for the success of your business.  But antagonistic “rule-people” can reduce team effort and sabotage your operations. To read the rest of this article from the Denver Business Journal, see: How to deal with antagonistic ‘rule people’ in the workplace http://www.bizjournals.com/denver/stories/2006/02/13/smallb6.html

Rule people aren’t necessarily malicious.  But their rigid inflexibility can cause as many problems as any troublemaker.  Rule-people:

1. See everything in black and white, need all procedures and boundaries clearly defined and labeled, with rewards and consequences spelled out exactly – no gray areas and no choices.  They need uniformity and repeatability, can’t handle ambiguity, uncertainty and what they perceive as mixed messages.
2. Insist on clear titles and privileges.  They want to know everyone’s exact job description, authority, responsibility and accountability.  They can’t handle matrix management – multiple reporting and task relationships.
3. Use authority and experts to back up their opinions.
4. Don’t like change unless they can see immediate and obvious advantages.
5. Need closure, want decisions made and set in stone, even if nothing has to be begun for years.
6. Compare themselves with everybody on every criterion.
7. Relate only through power dynamics – command, control and obeying orders. They’re bullies.  They don’t get things done through relationships or by simply pitching in.  They need to know where everyone stands.  They’re more comfortable knowing they’re on the bottom, than wondering where they are.

We all follow the rules sometimes, but “Edna” is a good example of an antagonistic rule-person. She uses the rules to intimidate people and advance herself at the expense of your supervisory authority and departmental productivity.  For example:

Other typical examples of rule-people in crucial roles are human resource and financial managers, and administrative assistants.

To work with an antagonistic, rule-person, you’ll have to:

• Be exacting and clear about rules, and demand what you need specifically in writing.
• Be prepared to be challenged if you treat the rule-person differently from anyone else.
• Include “professional, team behavior” rules – specific, detailed behaviors, not abstractions or attitudes – as important components in performance evaluations.
• Clearly label your actions; indirect cues, kindly suggestions, informal messages or casual conversations will not be counted as important.  You must say, “This is a verbal warning” or “This is a disciplinary action.”  Antagonistic, rule-people take any softening to mean that your feedback doesn’t have to be acted on.
• When they excuse their bad behavior with innocuous labels like, “It was a misunderstanding,” or “I’m just an honest person,” you must re-label it clearly as unprofessional.  For example: “Yelling or name calling is not a misunderstanding or honesty.  Neither is acceptable behavior at this organization, no matter how you feel.”
• Document everything.

Overly rigid rule-people who use the rules to serve their own selfish interests are problem employees.  They need to be dealt with promptly and decisively – or they will create big problems for you and your organization.

Generally, rule-people who want to help can become good managers and administrators, but they won’t be outstanding leaders.  They can oversee repeatable operations, but they won’t be able to act creatively and appropriately in the face of uncertainty, novel problems and risk.

10 ways to create a culture of entitlement at work

If you’re not already doing all the work or aren’t stressed out to the max, here are 10 tips to increase your load by creating a culture of entitlement among your employees. I didn’t make them up.  I’ve seen organizations using these strategies to keep employees happy.

To read the rest of this article from the Business First of Louisville, see: 10 ways to create a culture of entitlement at work http://www.bizjournals.com/louisville/stories/2008/07/21/editorial2.html

As a leader or manager, 10 ways to create a culture of entitlement at work are:

1. Take responsibility and blame for everything.
2. Let staff publicly review every decision you make.
3. Satisfy every employee desire.
4. Revise your policies and procedures to accommodate every employee’s needs.
5. Don’t have deadlines; don’t pressure staff.
6. Accept all employee behaviors including harassment, bullying and abuse.
7. Don’t ever require change; keep rehabilitating poor employees forever.
8. Undercut supervisors.
9. Require positive and supportive evaluations.
10. Treat stars the same as poor employees.

Bonus tip: Offer guaranteed employment for life as if it’s employees’ right.

Some companies attempt to provide a better work environment by being sensitive to the needs and feelings of their employees.  Of course, you pay attention to what your employees want and need.  But don’t overdo it.

Great leaders create work environments that meet the needs of their businesses and enable their employees to be productive and effective.  They set expectations and hold staff accountable for what is and isn’t acceptable performance and behavior.  Productivity takes precedence over pleasure.

It’s not always easy.  Some people won’t like your rules.  But bending or abandoning reasonable rules and expectations in an effort to satisfy the malcontents and whiners doesn’t work.  They’ll never be happy or productive. And trying to satisfy them will drive your good performers away.

In our culture, many people think companies should be designed to make them happy and fulfilled.  Effective leaders make clear that anyone who isn’t willing to follow the rules is welcome to leave.  Encourage entitled employees to work for your

Of course, slight modifications of these tips can be used to create cultures of entitled managers.

Fixing Your Business? Keep the Best, Churn the Rest

What if you showed up for work to find a new sign posted by the owners: “Keep the best, churn the rest”—and you knew the best, and the rest meant you and your colleagues at all levels? Chances are, it’d get your attention.  And that’s exactly what business owners Dick and Harry (made up names for a true illustration) had in mind when they posted that sign at their medium-sized company.

To read the rest of this article from the Houston Business Journal, see: Fixing your business? Start at the top with managers http://www.bizjournals.com/houston/stories/2007/10/29/smallb5.html

Dick and Harry had allowed their company to drift into unprofitability.  Though they brought in more business, profits never increased.  And the more jobs they took on, the crazier their lives became.  They were so exhausted trying to stay afloat, they didn’t have time to plan how to get out of the mess—until a stress-induced fight finally forced them to stop and think.  It was change or lose the business.

They realized they had a lackadaisical staff, lackadaisically managed, producing minimally.  The big problem was their poor leadership.  Dick and Harry had let their standards slide.  They’d stopped being leaders and had become conflict-avoidant fixers.

They complained whenever something was done wrong, but they fixed it themselves.  They worked harder and dumber.  No one was re-trained or fired.  They never stopped bullies. The result?  The more business that came in, the worse their quality and the more profit gushed out of their pipeline.

The more frantic they had become, the less they enforced behavioral standards.  Over time, narcissism, cranky complaining, criticism, whining, demanding, bullying, emotional drama, back-stabbing, sabotage, negativity, hostility, cliques, cyberbullying, personal vendettas, turf fights, entitlement, claims of unhappiness and poor morale, control-freaks, toxic nastiness, gossip, disruptive actions and lying increased.  These behaviors are the typical signs of problems.

When standards slid, the best people left because they got tired of being forced to work with jerks who prevented success.  And they hated being paid the same as jerks.

Dick and Harry started demanding excellence from themselves.  Before they could fix problem employees, they had to fix themselves.

To let their staff know that there would be a new culture of high performance and accountability, they started an internal campaign: “Keep the best, churn the rest.”  To show that wasn’t a punitive exercise or mass downsizing, the slogan meant four things:

• They began at the top.  If they didn’t perform, they’d leave because they weren’t worthy of leading the company.
• Fixing managerial problems was urgent because problems at the top cost more.  One problem manager caused more damage than one problem employee.
• “Keep” meant increasing rewards because each quality worker is worth more than two jerks.
• “The best” meant competent, productive employees, not just shooting stars.

Although Dick and Harry needed to reward good performers, they also needed to demand high quality and accountability at all levels. That meant honest evaluations, with rewards and consequences.  They knew they had to stop bullying.

Dick and Harry didn’t expect a quick fix.  And there wasn’t one.  During the next 18 months, they turned over about 35 percent of their staff, including managers.  But they stuck to their plan. They walked the walk and talked the talk.

The company turned around.  The more they kept the best, the easier it became to churn the rest.  At all levels, unmotivated or incompetent people were gone.

High standards protect everyone from unprofessional behavior.  Learn what you can do to eliminate the high cost of low attitudes, behavior and performance.

All tactics are situational.  Expert coaching and consulting can help you create and implement a plan that fits you and your organization.

You Can Change Attitude Problems at Work

Increasing productivity is relatively easy because you can measure and quantify production, and then respond effectively.  But how do you fix poor attitudes, which you can’t quantify? Actually, it’s not that hard.

A list of poor attitudes typically presented to me by managers and employees includes negativity, insubordination, narcissism, hyper-sensitivity, bullying, abuse of power and lack of responsibility.

To read the rest of this article from the Silicon Valley/San Jose Business Journal, see: You can Change Attitude Problems at Work

http://www.bizjournals.com/sanjose/stories/2007/11/19/smallb3.html

A typical list of behaviors that result from those attitudes is: chronic gossip, back-stabbing, sarcasm, negativity, manipulation, sabotage, formation of cliques, nepotism, favoritism, critical complaining, whining, demeaning comments, bullying bosses, dishonest evaluations, flaming e-mails, disrupting meetings, abusive remarks, ignoring suggestions, “Drama Queens,” blowing up in response to feedback, turf-control, crabbiness, over-reactions, lack of communication, mind reading, people who want their minds read, pointing fingers, taking things personally, the loud, silent treatment and my all-time favorite: “not my job.”

I use a straightforward, action-oriented approach that changes company cultures infected with poor attitudes.  The key is to be clear and specific about which attitudes and behaviors you want, and then to require participation in a culture that has them.  Don’t be a conflict-avoidant manager.

How do you clarify attitudes you can’t quantify?  The first step is to acknowledge that although you can’t quantify attitudes like “narcissistic control-freak,” you can recognize and document behaviors without resorting to mind reading, moral judgments or personal attacks.  Then you can act on your documentation of non-professional versus professional behavior.

Make sure it’s legal.  Then everyone from the owner on down is required to subscribe to or sign off on the new code of professional behavior.  The code then becomes a significant part of everyone’s evaluations.  Be consistent in rewarding the desired behavior and having consequences for actions against your code.

You won’t get everyone to buy in immediately.  So what?  Band together with the core group that wants to turn things around or to improve what you already have.

As you weed out a few resistant bullies, you’ll find that merely going through the process will change most employees’ behaviors.

Reinforce your expectations with new employees; publicize your code during hiring interviews.  Don’t bring people on board who argue with the code or who think the team should adjust to accommodate their personality or favorite styles that violate your code.

If someone has toxic behavior in another department, don’t bring them into your team in hopes you can change their long-term patterns.

High standards for positive attitudes protect everyone from unprofessional behavior.  Learn what you can do to eliminate the high cost of low attitudes, behavior and performance.

All tactics are situational.  Expert coaching and consulting can help you create and implement a plan that fits you and your organization.

Catering to a few troublesome workers can backfire

It’s natural to respond to employees going through personal crises or enjoying tumultuous events, such as marriages and births. But have you volunteered to serve as therapist to some of your most troubled employees?  If so, have you asked the rest of your staff if they like your new role?

For example, Joe spent much of each day talking with people on his large team about their personal problems.  He thought his tender ministrations could turn anyone into a stellar performer.

To read the rest of this article from the Denver Business Journal, see: Catering to a few troublesome workers can backfire http://www.bizjournals.com/denver/stories/2008/04/14/smallb3.html

Joe was proud that he was a caring, people-person; a friend.  He wasn’t an insensitive, bullying, abusive, slave driver.  He wanted his team to be a family.  He expected success as a result of his people-centered approach.

However, I saw that it was the same few unprofessional performers who always needed Joe’s support and care.  For example:

• Jane lacked emotional control and blew up if she was ever asked to meet deadlines.
• Chuck always made sarcastic, personal comments about anyone who performed well.
• Bob was a negative, hostile, controlling and defensive bully.
• Joan was a smiling, manipulative, gossiping, backbiting rumor monger.

These four had chronic problems that spread their unprofessional behavior and prevented high-performance.  They weren’t solid performers who maintained their professional demeanor and productivity despite being distracted by joyous events or suffering from personal turmoil.

Joe had created a culture of entitlement.  He had to micro-manage them for them to be even a little productive.

Most of the solid performers still on Joe’s staff were looking to leave.  They felt harassed, stressed, abused and abandoned while he was doing therapy on those four underperforming employees.  Joe’s peers thought he should be reprimanded because his department was a bottle-neck.

Joe finally saw his problem and moved to fix it.  Over time, through evaluations for both productivity and behavior, he held everyone on his team accountable.  Despite the chance Joe offered them, three of the needy people did not begin to produce better or stop infecting the rest of the team.  They continued to drag down the behavior and performance standards of the team.

Typically, when people have been given many special privileges, they sue when they stop getting catered to.

However, in this case, Joe got some gifts; one of the people needed the job and started performing, two left of their own accord because the environment had “turned hostile,” and only one had to be terminated.  That person sued because of Joe’s “harassment.” But Joe had acted and documented appropriately and was vindicated.

Joe is unusual.  Most rescuing meddlers don’t change.  They’re addicted to the meddling role.  Similarly, most passive-aggressive or conflict-avoidant managers don’t change.

Re-read your job description: It probably doesn’t ask you to victimize most of your staff by catering to the emotional and psychological needs of a few people in the workplace.

Remember what Mr. Spock, from the original Star Trek, said, “Don’t sacrifice the many for the sake of the few.”  Mr. Spock was always right.

Learn what you can do to eliminate the high cost of low attitudes, behavior and performance.

All tactics are situational.  Expert coaching and consulting can help you create and implement a plan that fits you and your organization.

Stop Gossip Girls' Bullying, Harassment and Abuse at Work

Recent articles in the “New York Times” by Shayla McKnight, in the “Harvard Business Blogs” by Cheryl Dolan and Faith Oliver, and in “Stumble Upon” have focused on the harm done by workplace “gossip girls,” “mean girls” and on the difficulty in stopping these bullies.  However, some academics have even made a case for the benefits of gossip at work. Although men also engage in gossip at work, the typical image of harassment and bullying with gossip involves grown up mean girls using the same tactics they perfected in middle and high school.

Gossip is part of a pattern of negativity, verbal abuse, sabotage, rumor mongering, exclusion, back-stabbing, public ridicule, “catfights,” arguments, vendettas, disrespect, cutting out and forming warring cliques, crowds or mobs that wreaks havoc on previously productive teams.  Conflict and stress, and turnover and sick leave increase, while morale and productivity are destroyed.  These tactics lead to hostile workplace and discrimination suits against companies that don’t actively recognize and remove stealthy gossip girls, their supporters and managers who tolerate the bullying.

Although gossip, harassment and bullying by mean girls are scourges at work, they can be stopped.

Of course there are people for whom gossip is a way of life.  They can’t imagine living without talking about other people.  But if you want to maximize productivity of your team or company, you’ll have to stop these people, as well as the hardened climbers who use gossip to gain power and turf, or who simply like inflicting pain on their victims.

The key to stopping these hostile behaviors is team agreements:

• Ban the practices – have clearly stated company policies and procedures.
• Publicize the no-gossip policy during interviews and new-employee orientation.
• Track behavior as part of evaluations that count.
• Involve the whole team, as well as managers, to hold one another accountable.
• Remove people who insist on their own destructive behavioral code.

Make the overall tone at work be “We have more important things to talk about than gossip.”

Obviously, the burden falls on owners and leaders.  They set the tone.  If they’re the gossip girls or boys, you won’t be able to change their company.

But owners and leaders can’t do it themselves.  They must involve and enroll all the employees.  They must promote and keep only those who actively support the effort to create better attitudes and behavior.

Sometimes the voices of an outside expert and company lawyers are necessary to guide the process.  But ultimately, leaders and employees must take charge of creating an environment where they can thrive without having to look over their shoulders with the same kind of anxiety and fear they had in middle of high school.

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.

What can you do if the new bosses want to fire you?

I received a number of confidential responses to my blog post on “Top ten ways to create a hostile workplace.”  One theme in many responses was about the question: “What should I do if leadership has changed and the new bosses want me gone so they can bring in their own people?” That’s a situation I’ve also seen many times in my consulting.

What would you do?

Consider Jake.  The new bosses want him gone so they can bring in people they know or people who will be beholden to them.  Jake tries to prove to them that he’s a great manager, but they systematically undercut his authority.  He used to get good evaluations, but his new bosses are very critical.  They blame him for everything that goes wrong with his team.  He’s the scapegoat.

Jake is furious.  It’s unfair; they’re bullies and he’s being abused.  He’s a good worker and he’s trying hard.  He wants to meet them half way, but they don’t want to.  Nothing he does convinces them he’s a good performer.  He’s hurt, frustrated and angry.  Jake wants to fight back, but when he acts on his anger, they write him up.  It’s a hostile workplace.

I think Jake is beginning at the wrong place – how can I fight back and show them I’m good?  How can I preserve my reputation with them?  Jake can’t fight back by showing them that he’s a good manager, team leader and individual performer.  He can’t preserve his reputation with them.  They don’t care.  He’s not an individual to them.

Of course it’s hard to be treated that way.  One of the hardest things for us as Americans in our little slice of time is not to be treated as individuals.  Jake is being treated as a class of people: He’s in the class of people called, “Hired by the old bosses and not one of our new people.”  When you're treated that way, there's little you, as an individual, can do to change their minds.  Unless you can get them to see you as an individual.

The new bosses criticize him as if he’s a problem employee.  Jake takes their hostility personally.  He returns their hostility and wants to prove himself.  But he’s not a poor employee and it’s not personal, even though it has personal consequences for him.

When he takes it personally, he can’t think tactically and he makes it worse for himself.  When he gets frustrated, hurt and angry, he acts out and gives them excuses they can document for getting rid of him rapidly.  He gets poor evaluations and terminated before he finds another job.

This situation is similar to that of Charles, case study #10 in my book, “How to Stop Bullies in Their Tracks.”

I think that the place Jake has to begin is, “Who should I be/how should I look at it?”  Here’s what I mean.

Amy is in the same position as Jake: the new bosses want to get rid of her and many other leaders in the company.  Unlike Jake, she accepts that it’s not about her as an individual, even though it has individual consequences for her.  With coaching, she doesn’t take it personally.  She doesn’t like it any more than Jake does, but she can step back and plan her tactics thoughtfully.  How can she defend herself?

First she asks if there’s anything she can do to become one of the new team.  The answer is, “No.”  She doesn’t like what’s happening, so she finds out if they’re violating any protected categories.  Are they going after people on the basis of gender, age, race, religion, disabilities, etc?  No, it’s the new broom sweeping clean.

She doesn’t want bad evaluations on her record, so she makes them an offer: “If you give me good evaluations, recommendations and severance while I look for another job, I’ll go quietly and gracefully in a shorter time than it will take you to force me out.”  They agree.  They just want her gone as soon as they can and with as little fuss as they can.  With a good recommendation, Amy rapidly gets a better job as part of someone’s new team.  The severance enables her to get double pay for a few months.

Notice Amy’s sequence:

1. Don’t take it personally and defend yourself by thinking tactically.
2. See if you have a legal grievance.
3. If the deck is stacked against you, plan to leave with good recommendations.
4. Bargain for time to get a better job with people who appreciate you.

Jake needs to change how he looks at it so that he can change his impossible goals - getting the bosses to see him as a worthy individual they should keep or leaving with them thinking he’s as good an employee as he really is.  They don’t care about his feelings or the truth about how he’s performed.  But they’d rather keep things civil and pleasant enough for them, and maybe squeeze a little work out of him or just squeeze him because they don't like the old team.

Amy is glad to be gone and happy at her new job.  Jake is still bitter.  That shows up when he interviews for new jobs.

I know it sounds unfair, but there it is.

What’s been your experience?

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?

Top ten ways to create a hostile workplace

Bullies at work can ruin a culture, destroy productivity and make your life miserable.  Many people focus only on bullying bosses, but I’ve seen just as many coworkers and employees use these bullying methods as I have managers and supervisors.  Before you read the top ten I’ve seen, please think for a moment.  What bullying methods used by whom, have you seen most? Have you seen these techniques ruining your workplace?

1. Yelling, physical threats (overt or subtle) and personal attacks.
2. Verbal abuse, emotional intimidation, personal insults and attacks (in private and in public).  Put-downs and humiliating, demeaning, rude, cruel, insulting, mocking and embarrassing comments.  False accusations (especially outrageous), character assassination.
3. Harassing based on race, religion, gender and physical attributes.  Sexual contact, lewd suggestions, name-calling, teasing and personal jokes (sometimes overtly nasty, or threatening or sometimes given with laughter as in, “I was just kidding” in order to make it hard for you to fight back.
4. Backstabbing, spreading rumors and gossip, manipulating, lying, distorting, evading, hypocrisy and exposing your problems and mistakes.
5. Taking the credit; spreading the blame.  Withholding information and then cutting you down for not knowing or for failing.
6. Anonymous attacks and cyber-bullying – flaming e-mails and porn.  Invading your personal space and privacy – rummaging through your desk, listening to phone calls, asking extremely personal questions, eating your food.
7. Hypersensitive, over-reactions, throwing tantrums (drama queens) – so you walk on egg shells, back off in order to avoid a scene, or beg forgiveness as if you really did something wrong.
8. Dishonest evaluations – praising and promoting favorites, giving slackers good evaluations and destroying careers of people the bully doesn’t like.
9. Demeaning at meetings – interrupting, ignoring, laughing, non-verbal comments behind your back (rude noises, body language, facial gestures, answering phone, working on computer).
10. Forming cliques and ganging up.  Turf wars about budgets, hiring, copiers and coffee machines.

Most bullies use combinations of these methods.

We’ve all seen the effects of bullies and the hostile workplace they create.  There’s increased hostility, tension, selfishness, turf wars, sick leave, stress related disabilities, turn over and legal actions.  People become isolated, do busy work with no important results and waste huge chunks of time talking about the latest episodes.  Effort is diffused instead of aligned.  Promotions are based on sucking up to the most difficult and nasty people, not on merit.

Teamwork, productivity, responsibility, efficiency, creativity and taking reasonable risks are decreased.  The best people leave as soon as they can.

The wrong people or the wrong culture can always find ways to destroy the best operational systems. Your pipeline will leak money and your profits will plummet.

I’ll go into solutions in future posts, but I want to mention one frequently used tactic that does not work to stop dedicated bullies.  It’s based on the false assumption that if we – educate, explain, understand, reason, show the consequences, accept, forgive or make enough attempts to satisfy bullies – then they will become reasonable, civil, professional, friendly and good to work with.  That approach only stops people who are not really bullies, but have forgotten themselves one time and behaved badly.

Determined bullies don’t take your acquiescence as kindness.  They take your giving in as weakness and an invitation to grab for more.  Bullies bully repeatedly and without real remorse.  You won’t get a sincere apology from them.  A sincere apology doesn’t mean anything about how they look.  It means that they change and stop bullying.

I’d like to hear your horror or success stories.