101 Tough Conversations to Have with Employees: A Manager's Guide to Addressing Performance, Conduct, and Discipline Challenges
384
101 Tough Conversations to Have with Employees: A Manager's Guide to Addressing Performance, Conduct, and Discipline Challenges
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Overview
101 Tough Conversations to Have with Employees provides guidance for managers on how to broach uncomfortable conversations across a wide range of issues.
Inappropriate workplace conduct, lateness, sexually offensive behavior, productivity and communication issues . . . these are just a few of the uncomfortable topics supervisors must sometimes discuss with their employees.
Top human resources author Paul Falcone offers realistic sample dialogues managers can use to facilitate clear, direct interactions with their employees that help sidestep potential awkwardness and meet issues head-on.
This practical, solution-oriented book walks you through some of the most common and most serious employee problems you are likely to encounter.
In 101 Tough Conversations to Have with Employees, Falcone covers topics including:
- substandard performance reviews,
- progressive disciplinary warnings and termination meetings,
- FMLA abuse and ADA accomodations,
- wage and hour challenges,
- team turnarounds,
- compensation conflicts, and more.
This handy guide helps you treat their people with dignity and respect, focusing not just on what to say but also on how to say it. It provides proven techniques you can use to protect yourself and your organizations—and get the very best from your people.
Product Details
| ISBN-13: | 9781400212026 |
|---|---|
| Publisher: | HarperCollins Leadership |
| Publication date: | 06/25/2019 |
| Sold by: | HarperCollins Publishing |
| Format: | eBook |
| Pages: | 384 |
| Sales rank: | 416,985 |
| File size: | 806 KB |
About the Author
Paul Falcone is principal of the Paul Falcone Workplace Leadership Consulting, LLC, specializing in management and leadership training, executive coaching, international keynote speaking, and facilitating corporate offsite retreats. He is the former CHRO of Nickelodeon and has held senior-level HR positions with Paramount Pictures, Time Warner, and City of Hope. He has extensive experience in entertainment, healthcare/biotech, and financial services, including in international, nonprofit, and union environments.
Paul is the author of a number of books, many of which have been ranked as #1 Amazon bestsellers in the categories of human resources management, business and organizational learning, labor and employment law, business mentoring and coaching, business conflict resolution and mediation, communication in management, and business decision-making and problem-solving. His books have been translated into Chinese, Korean, Vietnamese, Indonesian, and Turkish.
Paul is a certified executive coach through the Marshall Goldsmith Stakeholder Centered Coaching program, a long-term columnist for SHRM.org and HR Magazine, and an adjunct faculty member in UCLA Extension’s School of Business and Management. He is an accomplished keynote presenter, in-house trainer, and webinar facilitator in the areas of talent and performance management, leadership development, and effective leadership communication.
Read an Excerpt
Introduction: The Rules of Engagement
To make employee turnarounds and epiphanies successful, there are a few key rules of communication to follow: First, remember that it’s not what you say but how you say it that counts. That may sound like an old saying that your grandparents taught you, but in the world of work, people tend to respond in kind: If you demonstrate respect and compassion a you’re likely to receive a similar response, even when dealing with the most uncomfortable and confrontational workplace situations.
Second, your greatest asset when dealing with others is guilt, not anger. Anger is an external response: When people are mad at another person, they look outward to voice their frustration. Guilt, on the other hand, is internal: When people feel guilty, they look inward and tend to assume responsibility for the problem at hand. That’s the Golden Rule of Workplace Leadership: Allow people to assume responsibility for their actions, and you’ll ‘‘pierce their heart’’ and get them to want to change things for themselves. Try to force them to do something by making them mad or by challenging or embarrassing them, and they’ll resist the change that’s being forced on them. We’ll discuss strategies for invoking guilt rather than anger responses throughout the book, and psst . . . this works just as effectively in your personal life as well!
Third, remember that whatever you want for yourself, give to another.
So many times people demand respect, open communication, and other forms of social acceptance without realizing that they don’t give those things to others. At a time when many demographers and sociologists are pointing to major shortages in the labor market because of the upcoming retirement of the baby boom generation, retention is vital. Yet people tend to join companies and leave managers: They initially see the value of the company, its reputation, and perception as a great place to work—
only to flee from a manager whom they no longer trust or respect.
They also say that the difference between an active and a passive job seeker is one bad day in the office. When that proverbial straw breaks a sometimes over seemingly minor issues, the job change mechanism kicks into gear, and at best you’ll have a worker who has become mentally unemployed. Then you’re faced with the ‘‘employees who quit and leave’’
versus the ‘‘employees who quit and stay’’ syndrome, and it’s only a matter of time until something blows up.
Folks, life is too short! And if your company is anything like the typical company in corporate America, there’s usually enough work to sink a battleship.
You certainly don’t need all the added angst and pressure that comes from walking on eggshells around people who you really don’t get along with. That’s simply too much for most people to bear, and yes a there’s a better way to manage your career as well as your subordinates.
Which leads us to the fourth rule of thumb: Honesty is the best policy.
Now I know what you’re thinking: Oh please, that’s very easily said from the HR ivory tower, but I’ve got to work side by side with these people every day, so please spare me the hackneyed adages! Being open and honest is particularly difficult when you’re dealing with certain kinds of employees, and the confrontation just isn’t worth it.’’
In reality, honesty has to be the basis of everything you do as a leader.
Confrontation is tough for all of us. Just remember that differences in opinion are perfectly acceptable; however, confrontation in the negative sense is optional. Speaking with others in a respectful and thoughtful tone, regardless of the content of your message, will allow them to assume responsibility for their actions or, in the case of termination, get on with their lives. Try these on for size:
> Janet, I appreciate all of your hard work and effort over the past three months, but we’re at the end of your probation period, and I’m sorry to say that this just isn’t working for us. I know how hard you’ve tried to improve in light of the discussions we’ve had, and I’d guess that you probably feel that it’s not a ‘‘love connection’’ on your end either, but I don’t believe this was a good match of your strengths to our needs, and I’m afraid we’ll have to separate your employment today. We’ll label this as a
‘‘probationary termination’’ in our records, and you’ll still be eligible for rehire with the company if some other opportunity surfaces in the future.
In addition, we won’t contest your ability to get unemployment insurance.
> Sam, through absolutely no fault of your own, our company is going through a restructuring, and we’re going to have to eliminate a number of positions. Yours is unfortunately one of them, and I’m so sorry. I wish it could be different, and we’ll do whatever we can to help you through this unexpected transition in your career, but please understand that these sorts of things do happen in people’s careers, and I’m afraid that your position is impacted as part of a larger restructuring. We’ll discuss a number of ways that we’d like to help you, but before we go much further with this discussion, I just want to check and make sure you’re okay. . . .
No, these examples aren’t exactly fun messages to deliver, but they’re compassionate and understanding. You’ll more than likely find that people are willing to meet you halfway and become part of the solution any time you present issues that affect them personally—even terminations and layoffs—with kindness and concern.
In the first example, the probationary employee being terminated for cause will certainly feel remorseful—‘‘I didn’t want to lose this job and
I’ve tried so hard. I’m sorry if I disappointed you, and truth be told, I’ve disappointed myself’’—but probably not litigious. Remorse and regret stem from guilt: ‘‘I was part of the problem and couldn’t increase my performance to a level that was acceptable to the company.’’ And guilt always looks internally for shared responsibility and accountability.
In the second example, the layoff was no one’s fault. These things simply happen, and the supervisor was very caring and willing to say, ‘‘I’m so sorry.’’ Those three words are critical and so underused! It costs nothing to say I’m sorry, as it costs nothing to say thank you, but few supervisors make consistent use of those magic words. When employees sue companies for wrongful termination, one of the first things they typically complain of is, ‘‘I can’t believe after all I had done for that company, they threw me out and never even said they were sorry!’’ That need to hear I’m sorry is a universally human trait, so don’t be shy about using those very words. It’s fair, humane, and fills a very important need in others’ lives.
In fact, a lawsuit is typically a tool of workplace revenge. When employees feel like they were stripped of their dignity, humiliated, or disrespected at the time when they were most vulnerable, they often feel a need to get back at the company. We all know about incidents of workplace violence and lawsuits that plague the workplace, but imagine how much easier it would be to treat people fairly and respectfully at the time of their greatest vulnerability and allow them to get on with their lives.
Just think how you’d like to be treated under those same circumstances a and use yourself as a guide for handling the situation.
That being said, don’t manage by fear of a lawsuit, and don’t be afraid of being sued because that’s simply the cost of doing business from time to time in corporate America. You should be concerned, however, that you are being sued on your terms—not theirs. And that means that you should always be prepared to defend a termination or other adverse action by showing that you were a reasonable and responsible employer and that you accorded employees with workplace due process. In other words, the record should reflect that you listened to the employee’s side of the story, investigated the situation thoroughly and objectively, and reached a reasonable and timely conclusion before taking action. That may sound simple, but it can be difficult to avoid acting in the heat of the moment when something goes wrong in the office or on the shop floor.
Finally, the fifth and most important rule in this book is actually a word: perception. Perception is never right or wrong—it just is. And whenever you use the word perception, you’re not accusing anyone of anything or proclaiming to be stating facts. Instead, you’re simply relaying how you’re seeing things from your perspective or what you’re hearing from others.
Let’s look at the most common problem with people management in corporate America today: grade inflation during performance reviews.
Performance reviews are often mandatory in many companies and needed to justify an employee’s annual merit increase. But because many supervisors don’t keep records of their employees’ performance throughout the year or meet with their staff members on a quarterly or interim basis, they have little information on which to justify the grades they give.
They of course want to avoid upsetting the employee, whom they have to deal with for the entire upcoming year, so rather than providing an honest grade showing that the person doesn’t meet company expectations a they inflate the grade to show that the person is performing at an acceptable—
albeit not stellar—level.
Well, this scenario goes on for several years, and low and behold, the company suddenly finds itself in dire straights and decides it must lay off a certain percentage of its workforce. The manager, of course, wants to lay off the marginal performer (i.e., the one who’s been ‘‘skating by’’ in a quasi-job that produces few results). However, not realizing that the paper record created over the past few years shows that this individual has consistently met expectations, the supervisor is shocked to find that he or she can’t simply lay off the true substandard performer.
Why not? Because more often than not, that particular employee is the longest tenured, the oldest, or otherwise the most protected person in the group. The fact that you gave this person an overall performance review score of 3—meeting expectations—while everyone else on the team got a 4 or a 5—exceeding expectations—means little in the grand scheme of things. That’s because the employee ‘‘heard’’ that she met company expectations for the entire year with an overall acceptable score.
Whether she knew that her 3 was the lowest score in the group isn’t really at issue because overall performance review scores are absolute, not relative. In other words, if her overall score was a 3, then it doesn’t matter if that was the lowest score in the group: A score of 3 still ‘‘meets’’ company expectations, and that’s the only message that really counts in terms of the record your company has created.
At that point, human resources or your outside legal counsel becomes a barrier that’s standing in your way of getting done what you want and need done, and then you’re at odds with your own internal support team.
It’s a lose-lose situation because you weren’t honest and upfront in your conversations with this subordinate all along, and now you’re kicking yourself (and anyone else in your path) for not allowing you to get your way. The end result? You have to lay off someone less tenured on your team (who happens to be your star performer) and now begin the progressive discipline process with the laggard employee from scratch—even though she should have been disciplined a long time back.
Table of Contents
Preface xi
Acknowledgments xv
Introduction: The Rules of Engagement 1
Part I Uncomfortable Workplace Situations
1 Common Managerial and Supervisory Discussions 9
Scenario 1 Mediating Disputes Among Subordinates 9
Scenario 2 Appropriate Responses to Requests to Speak "Off the Record" 13
Scenario 3 Promoting a Neophyte into a First-Time Supervisory Role 15
Scenario 4 New Supervisor Syndrome 18
Scenario 5 Inheriting an Employee with Disciplinary Problems 20
Scenario 6 Stopping Attitude Problems in Their Tracks 23
Scenario 7 Advice Before a Holiday Party or an Offsite Event 24
2 Individual Appearance and Uncomfortable Workplace Dilemmas 28
Scenario 8 Bad Hair Days 29
Scenario 9 Inappropriate Dress 32
Scenario 10 Body Piercing and Body Art 33
Scenario 11 Tattoos 34
Scenario 12 Halitosis (Bad Breath) 36
Scenario 13 Body Odor from Lack of Cleanliness 37
Scenario 14 Body Odor from Suspected Medical Reason 39
3 Cultural and Religious Differences 42
Scenario 15 Inappropriate Display of Religious Icons 43
Scenario 16 Supervisor Proselytizes to Subordinates 47
Scenario 17 Offensive Food Preparation and Spicy Smells 49
Scenario 18 Euphemisms like "Honey," "Sweetie," and "Doll" 50
Scenario 19 Speaking Foreign Languages in the Workplace 53
Scenario 20 Inappropriate Display of Sexually Explicit Material 55
Scenario 21 Lack of Understanding of Multicultural Differences 58
Part II Poor Work Habits and Job Performance Concerns
4 Performance Transgressions 63
Scenario 22 Lack of Quality, Detail, or Efficiency 64
Scenario 23 Lack of Quantity or Speed 66
Scenario 24 Substandard Customer Satisfaction 69
Scenario 25 Lack of Sales Production71
Scenario 26 Failure to Learn New Material During Training 73
Scenario 27 Acts Resulting in a Loss to the Employer 76
Scenario 28 Failure to Follow Through, or "Dropping the Ball" 78
5 Policy and Procedure Violations 81
Scenario 29 Failure to Adhere to Safety Rules 82
Scenario 30 Excessive Personal Telephone Calls 84
Scenario 31 Excessive Time Spent on the Internet 86
Scenario 32 Unauthorized Use of Company Equipment and Facilities 89
Scenario 33 Working Unauthorized Overtime 91
Scenario 34 Off-Duty Conduct and Moonlighting 94
6 Excessive Absenteeism and Tardiness 98
Scenario 35 Excessive Unscheduled Absence: "No Fault" System 103
Scenario 36 Excessive Unscheduled Absence: "Excuse-Based" System 105
Scenario 37 Patterning Excessive, Unscheduled Absence Around Weekends 107
Scenario 38 Rolling Calendar Year Maneuvers 108
Scenario 39 Excessive Tardiness 110
Scenario 40 Exempt Employees Who Choose to Come and Go as They Please 112
7 Lack of Requisite Skills 115
Scenario 41 Inferior Job Knowledge 116
Scenario 42 Lack of Technical Skills 118
Scenario 43 Inadequate Problem-Solving Skills 121
Scenario 44 Substandard Written Expression 123
Scenario 45 Poor Time Management 125
Scenario 46 Lack of Organization and Neatness 128
Part III Inappropriate Workplace Behavior and Conduct
8 Sexually Offensive Behavior 135
Scenario 47 Foul Language in the Workplace 136
Scenario 48 E-Mail Misuse 139
Scenario 49 Finding Pornography on an Employee's Computer 142
Scenario 50 Bullying 144
Scenario 51 Discriminatory Comments or Racial Epithets 147
Scenario 52 Leering 149
Scenario 53 Sexual Harassment Findings (Reverse Harassment) 152
9 Substandard Communication Skills 156
Scenario 54 Tattletales, Gossipmongers, and Snitches 158
Scenario 55 Whiners and Complainers 161
Scenario 56 Requests for Confidential Conversations from Other Supervisors' Subordinates 163
Scenario 57 Poor Listening Skills 166
Scenario 58 Failure to Communicate Upward 169
Scenario 59 Establishing Effective Staff Meetings 171
10 Personal Style Issues 174
Scenario 60 Suspected Alcoholism or Substance Abuse 174
Scenario 61 Inability to Accept Constructive Criticism 179
Scenario 62 Lack of Sensitivity and Protocol (E-Mail Censuring) 181
Scenario 63 Badgering and Challenging One's Supervisor 183
Scenario 64 Lack of Teamwork and Relationship-Building Skills 186
Scenario 65 Laziness and Lack of Commitment 188
Scenario 66 Blamers and Excuse Makers 191
Scenario 67 Coworker Jealousy and Employees Who Can't Let Go of Their Anger 193
Scenario 68 Supremacists-Arrogance and Superior Attitudes 194
11 Leadership Style Challenges and Career Management Obstacles 197
Scenario 69 Stalled Career Syndrome 198
Scenario 70 Unwillingness to Confront Problems Head-On 201
Scenario 71 Staff Motivation Conversations 204
Scenario 72 Protecting Your Company from Legal Liability (Documentation) 207
Scenario 73 Inability to Provide Constructive Criticism 210
Scenario 74 Handling Group Complaints Wisely 212
Scenario 75 Lack of Diversity Awareness 216
Scenario 76 Lack of Leadership 218
Part IV Corporate Actions
12 Corporate (Intentional) Actions 225
Scenario 77 Probationary Termination 226
Scenario 78 Administering Disciplinary Warnings 229
Scenario 79 Administering Decision-Making Leaves 231
Scenario 80 Termination for Cause (in Conjunction with Progressive Discipline) 235
Scenario 81 Convincing an Employee to Leave Voluntarily When There Are No Progressive Disciplinary Warnings on File 237
Scenario 82 Negotiating a Separation Package When There Are No Progressive Disciplinary Warnings on File 240
13 Corporate ("No Fault") Actions 244
Scenario 83 Layoff: Position Elimination-LIFO 245
Scenario 84 Layoff: Position Elimination-Lack of Qualifications 247
Scenario 85 Layoff: Position Elimination-Union Bumping Privileges 250
Scenario 86 Layoff: Position Elimination-Department Closure 254
Scenario 87 Layoff: Position Elimination-Plant Closure (WARN Act) 256
Scenario 88 Follow-Up Discussions with Survivors After Layoffs Occur 258
14 Summary Offenses (Immediate Discharge) 262
Scenario 89 Employee Theft 263
Scenario 90 Selling Proprietary Products on the Internet 265
Scenario 91 Time Card Fraud 268
Scenario 92 Threats of Violence in the Workplace 269
Scenario 93 Sexual Harassment 271
Scenario 94 Falsification of Company Records 274
Scenario 95 Insubordination 276
15 Special Circumstances 280
Scenario 96 Welcoming Back Employees Returning from a Stress Leave of Absence 281
Scenario 97 Dealing with Employees in Crisis: Isolation 285
Scenario 98 Dealing with Employees in Crisis: Suicidal Concerns 288
Scenario 99 Dealing with Employees in Crisis: Homicidal Concerns 290
Scenario 100 Terminating Employees Who Are on Investigatory Leave 292
Scenario 101 Verbally Accepting an Employee's Resignation 295
Index 299
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