Bullies at Work – Who Should Fix the Problem?

by Paula MacLean | Managers and Supervisors

I just finished reading a letter to the editor of our local newspaper complaining about workplace bullies.  The writer was of the opinion that managers should quietly pull employees aside and ask them if there are any problems with bullies. The implied assumptions are first, that the employees would readily admit if they were being bullied and second that the manager would then spring into action and deal sternly with the bully. 

Ours is an era of zero tolerance of abuse – signs posted in many businesses and workplaces inform customers and employees alike that raised voices or other disrespectful behaviour will result in quick action by management. Companies across the country have spent millions of dollars and thousands of hours educating employees, including managers, on how to identify, investigate and respond to alleged abusive behaviour. Of course, bullying is but one form of workplace abuse.  So, why, despite best efforts to eradicate it, does bullying persist in many workplaces?

No doubt, managers bear a significant responsibility to create policies and practices which discourage all forms of abusive behaviour. Walking the talk is also essential. A policy that forbids bullying must be reinforced with consequences (usually disciplinary action for employees and termination of service for abusive customers) if it is to deter future bad behavior. Unfortunately, some managers are reluctant or lack the skill to firmly and quickly address abusive behaviour when it occurs.

Although bullying is engaged in by only a tiny percentage of employees, one workplace bully can negatively impact entire teams or whole worksites.  Co-workers experience the brunt of a bully’s behaviour long before even the most astute managers become aware there is a problem. When bullying occurs among co-workers who are essentially equals, it involves the abuse of personal power, making it different than other forms of abuse involving managers or people who have formal authority or positional power in a company.  

“We teach people how to treat us” applies to all situations involving workplace bullying. Arguably, when being bullied by a co-worker, employees are as responsible as managers, to take a stand. In part, bullying persists because employees fail to respond assertively, essentially tolerating or condoning the abusive behaviour.  Employees feel powerless and therefore may relinquish their power in abusive situations. The apt phrase, “You must lie down to be a doormat” provides wise counsel in these situations. 

Even the commonly advocated advice of “just walk away” may communicate acceptance. A better response may be filing a formal or informal complaint with company managers. As a group, co-workers may forthrightly challenge the bully, informing him or her that their behaviour will not be tolerated.  With some courage and practice, individuals may also find it possible to draw the line in the sand.

Of course, a manager may choose to ask employees if a bully is lurking in their midst. However, busy managers may be at least partially forgiven for not pulling each and every employee privately aside to ask them if they are being bullied. A key preventative strategy is creating a workplace culture that encourages open communication by employees with managers when concerns arise. When managers become aware, they have an obligation to investigate and then quickly and decisively address all workplace abuse.  

Progressive Discipline – Part 3 Correct Employee Performance Issues with a Written Warning

by Paula MacLean | Managers and Supervisors

If an employee’s performance does not improve following a verbal warning, the supervisor or manager may decide to issue a second verbal warning (if the situation being addressed is not too serious), or may decide to proceed to the second level of disciplinary action — a written warning. 

The following points should be used as a guide only. You must also consult your agencies policies and procedures or if unionized, your collective agreement as well as consult with HR professionals inside your organization. 

Preparing the written warning includes:

• writing a letter (on the organization’s letterhead) describing the performance problem or situation of concern.
• ensuring the letter indicates what improvements are necessary in the employee’s performance; it should have a tone of urgency without being threatening. Avoid sentences such as: “This is your final warning. . .” or “Failure to correct your performance will result in dismissal. . .” These are threats that may imply you have already made up your mind to dismiss the employee. The disciplinary letter is therefore not a sincere attempt to correct performance.
• reviewing the letter with your manager and/or HR director to ensure compliance with organizational policies. 
• reviewing the letter with a lawyer and/or with a representative of the government department responsible for labour or employment standards in your area. Paying for an hour of a lawyer’s time may save your organization thousands of dollars down the road. 
• It is unwise to “threaten” an employee with dismissal at any stage (verbal or written) of the disciplinary process. This may cause an employee significant stress because they feel their livelihood, family security and career is at stake. An employee who is “under duress,” may claim he/she was unable to correct his/her performance because of the “threats” made by the employer and the resulting distress. As a result, the employee may succeed in proving she was wrongfully dismissed.

The next step is conducting the disciplinary interview:

• think about (and rehearse, if necessary) what you will say. Anticipate the employee’s questions and prepare your responses in advance.
• Ensure you have another supervisor/manager or administrator attend the interview as a witness and to take notes during the meeting. After the interview, these notes are placed on the personnel file and a copy may be given to the employee. These notes are a legal document and should be typed and must be professional in content and tone.
• meet privately with the employee and present the letter. Present the letter and clarify any points made in the letter. Be specific and confine your comments to behaviors or tasks requiring improvement. Ensure the employee realizes the gravity of the situation.
• if the employee refuses to accept the letter containing the written warning, you may decide to read it to them and after the interview it may be simply placed on the employee’ s personnel file. A copy may be mailed to their postal address if that is determined to be necessary. 
• listen to the employee’s comments and do not argue. Restate your concerns one more time. Ensure the employee understands why the action was necessary.
• never make comments about the employee’s attitude. A person’s attitude is always inferred from their behavior. If challenged about having a “bad attitude” the employee will (quite rightly) ask for concrete behavioral examples. The supervisor is then in a defensive position and must then explain using examples of the employee’s performance and behavior. So, start with at least one behavioral example first!
• Invite the employee to respond or ask questions. If the person is angry – do not argue. Explain one more time why the warning is necessary. Restate the serious nature of the concerns. If the employee has avenues of appeal or grievance provided by organizational policy (or by the collective agreement), advise them of this and adjourn the meeting.
• some employees react emotionally to the disciplinary process. If the person is upset with the action, ensure she understands why the action was necessary and what she can do to “get back on track.”
• discuss how you will monitor the employee’s progress, and schedule one or more follow-up feedback sessions.
• be prepared to answer questions from the employee on how to proceed with a grievance.
• close the interview by summarizing your expectations for improved performance. If additional coaching or training is necessary, discuss how it will be provided, when, and by whom.
• Thank the employee for coming to speak with you, stand and escort them calmly from the room.

Finally, it is wise to consider the possibility that during the disciplinary process the employee may offer to resign his/her position. Plan in advance for how you will handle the situation. The best course of action may be to accept the resignation and request it be made in writing before the employee leaves the disciplinary meeting. However, it may also be a good idea to give the employee a “cooling off period”. Suggest that the employee take a few hours to consider their decision, then advise you if they actually wish to tender their resignation. This option is suitable when you wish to retain the employee and believe the performance issue can be successfully addressed.

There are several reasons why having a third person attend the disciplinary interview. These include:

• the person serves as a witness, verifying what was said and how you managed the meeting.
• the person may play a minute-taking role, documenting the conversation for future reference. This relieves you from the responsibility of both “saying the words”, managing the interview AND taking accurate and professional notes.
• the person may provide support to you and may debrief the meeting with you afterward

if the person is a manager, she provides the action with a sense of authority that comes with his/her position.

In a few circumstances, an employee may receive a second written warning. This may occur when: 

• the first written warning was given several (3 – 6 months) previously the employee’s performance improved significantly between the first incident, or,
• the new incident or the current situation is not connected in any way to the previous performance problem.

Employees who improve their performance after disciplinary action must be commended. Ensure you support the employee to sustain his/her progress. Continue to challenge

the person to go beyond current performance by setting goals to develop excellence.

Progressive Discipline Part 2 Correct Employee Performance Issues Using a Verbal Warning

by Paula MacLean | Managers and Supervisors

The following points should be used as a guide only. You must also consult your agencies policies and procedures or if unionized, your collective agreement as well as consult with HR professionals inside your organization. 

Disciplinary action or “progressive discipline” is used to assist employees to improve sub-standard job performance. Performance issues addressed by this process are more serious than those addressed using constructive critical feedback. The first step in progressive discipline is called a Verbal Warning. 

Disciplinary action is used when an employee:

• makes a serious mistake OR
• fails to respond to constructive critical feedback given one or more times.

Prior to using disciplinary action, supervisors and managers must consult, understand and comply with:

• their organization’s policy and procedures
• requirements in collective agreements (in workplaces with unionized employees)
• employment standards or labour regulations in their area. 

Follow these steps when giving a verbal warning.

• First, identify the performance problem. Ensure the problem is either ongoing or serious enough to require a verbal warning. Constructive critical feedback should be used at least once prior to verbal warning for less serious performance concerns. 
• Gather factual information regarding the ongoing issue or the incident. Be quick but thorough – delays in giving the warning will reduce its effectiveness.
• Document the information in writing. Be specific with dates and times when possible
• Schedule a meeting with the employee during their normal working hours.
• Ask another supervisor or manager to attend the meeting as a note-taker and witness. Union agreements may require attendance by a union representative at formal disciplinary meetings. Your meeting should be held within three business days and not later than five business days from the date you became aware of the issue. 
• Meet with the employee in a private location away from the eyes and ears of co-workers, customers or the public.
• Factually describe (who, what, where, when) the performance issue or the incident. Never tell an employee that they have a poor or bad “attitude”. If you use these words, the employee will likely respond with “What do you mean, bad attitude?” Stick with one or two concrete examples of where their conduct, behaviour or job performance is not acceptable. Be firm, clear and specific.
• Always use the phrase “This is a verbal warning” and use it only once. This distinguishes the current warning from other verbal feedback and from a written warning which is the next step in the progressive disciplinary process.
• Keep the tone of the interview calm, professional and non-judgmental. Do not raise your voice and resist the temptation to argue or debate. Avoid using emotionally charged words (e.g., incompetent, untrustworthy, disloyal, just to name a few) or generalizations (you always or you never). 
• Describe the corrective action required; make your comments specific and instructive 
• Clarify the performance standards that must be met – make sure you indicate that performance improvements must be “immediate” and “ongoing”.  This helps prevent employees who tend to yo-yo between improving their performance for a short while and allowing things to slip again.
• If the employee lacks the skill to do their job, identify training or support required and set a schedule for the training to occur.
• Invite the employee to ask questions and clarify your expectations. If it feels like the interview is becoming an argument or debate, restate the expectations one more time and then end the interview politely and professionally.
• Following the interview ensure that the minutes or notes are typed and place them on the employee’s personnel file.

Notes taken during disciplinary action may be considered to be legal documents. This documentation also may be used in the future as part of formal proceedings (e.g., if a written warning is required, if an employee grieves the warning or during wrongful dismissal lawsuit brought by the employee against his/her former employer). It is important that notes be professional, complete, accurate, typed and securely stored either in electronic form or as a hard copy.

Employer policy may require employees to sign the notes taken during disciplinary interviews. Employees will often refuse because they believe their signature indicates agreement or consent, resulting in an impasse. It is not really necessary to have the employee sign the notes at all. However, if policy requires it and if the employee refuses to sign, the supervisor or manager should write: “Presented to employee for signature. Employee declined to do so.” Then date and sign the notes and place them in the employees personnel file.

Verbal warnings are not appropriate when the employee’s performance problem is very serious (e.g., health or safety of others has been jeopardized, or unethical/illegal activity has occurred). In very serious situations, a written warning or even dismissal may be warranted. In a small number of cases the employee is dismissed with “just cause”. Supervisors and managers MUST consult more senior management and a lawyer before dismissing any employee regardless of the circumstances.

Progressive Discipline Part 1 – Getting Positive Results When Using Formal Discipline

by Paula MacLean | Managers and Supervisors

Progressive Discipline refers to the use of increasingly more serious forms of intervention with an employee who is not performing up to the expectations or standards of the employer. The goal of progressive discipline is always a positive one: to help an employee improve their performance, conduct or behaviour while on the job. 

Whether this goal is achieved depends to a great extent on the skill of supervisors or managers who are implementing disciplinary action. First, the right steps must be followed including:

• Confirming that the performance issue is NOT a training issue that would better be managed using coaching, training or education and that it is also NOT a personal issue (related to family issues, health, addiction, mental health) that would better be managed using referrals to counselling, treatment or personal leave. 
• Providing at least one and perhaps two rounds of constructive critical feedback that is specific, timely and clarifies standards and expectations for future improvement (using words such as “immediate and ongoing”).
• If the employee’s response to feedback is unsatisfactory (i.e., not immediate, ongoing and up to expectations), then a verbal warning may be warranted. This is the first step in formal progressive discipline. 
• If the employees response to the verbal warning is not satisfactory, then another verbal warning may be used (depending on the time elapsed, employee attempts to improve and the seriousness of the performance concern), or it may be better to use a written warning. The steps in using a written warning are identical to those of a verbal warning with the exception that a letter is given to the employee – thus making the warning a written one.
• More than one written warning may be used, however if the employee is not making progress, the supervisor or manager must consider if “more of the same” will create a different and better result.
• If the employee’s performance, conduct or behaviour does not improve in the long term, the supervisor or manager should consult senior management and/or legal counsel to determine whether the employee should be dismissed.
• If the decision is made to dismiss an employee, then it is crucial that this be done properly. Consult human resources professionals, lawyers and experienced senior managers before writing the dismissal letter and meeting with the employee.

In an effort to “get the point across”, some employers use suspensions (with or without pay and of varying duration), demotions (which can be legally risky and can be considered to be an attempt coerce the employee to resign) or transfers to other parts of the workplace (moving a problem rarely solves it). None of these strategies are likely to lead to the positive outcome of performance improvement. These old-school ideas no longer represent “best practice” in the eyes of most human resources professionals. The strategies are punitive and the outcome is likely to be anger and retaliation than positive improvements by the employee. 

Managing Generational Diversity – 7 New Rules That Can Help!

by Paula MacLean | Managers and Supervisors

I am a Baby Boomer – born between 1945 and 1964. When I was growing up, there were lots and lots of us. This did not seem at all problematic. The sandbox (and swing-sets and teeter-totters and merry-go-rounds) were crowded with kids. We learned to wait our turn, and we learned that we sometimes needed to compete for the things we wanted. We learned that drive, ambition, and hard work were necessary to succeed. We learned to value lifelong learning and to expect a few “hard lessons” along the way.

In the workplace, Baby Boomers developed a love for structured systems, consistency, prescribed procedures, and measurable outcomes. Baby Boomer leaders were instrumental in the creation of job descriptions, quality assurance programs, business plans, multi-layered organizational charts, detailed policy manuals, finely tuned financial systems, management-by-objectives, performance appraisals, and strategic plans. Skipping any of these essential components of organizational life was like inviting deliberate failure. Even management guru Peter Drucker was on Boomers’ side, saying, “That which gets measured gets done.”

Many Generation Xs (born between 1965 and 1980, a generation younger than Baby Boomers) think it’s about time that things begin to change. Some of the old rules no longer seem to be a good fit. Some hope that  Boomers’ days of “ruling the world” are numbered! 

Traditionalists (born between 1920 and 1945 – a generation older than Boomers) have learned tolerance. They laugh because they are happy to let Boomers do as they please. Traditionalists know that if they don’t like Boomers’ rules, they can find a different employer.

And Generation Ys (born between 1981 and 2000) have just entered onto the employment scene and are looking for mentoring and effective role models. Some see Boomers as over-worked, over-controlling, and structure- obsessed – not the role models they are looking for! 

Emerging New Ways of Work

In the not too distant future, the long-held “chain of command” will give way to a “change of command.” As of this writing, the youngest Boomers are in their mid-forties. Twenty years from now, few Boomers will still be working. There is evidence that this generation is increasingly valuing work-life balance. Retirement, semi-retirement, or major career changes are highly likely for many Boomers over the next few years. 

Who, then, will lead our organizations in the decades ahead? What values will they bring to the workplace? What will change and what will remain the same? What will the “new rules” be? What adjustments will we need to make as the new rules take hold and reshape our workplaces?

New Rule #1: Create flexibility.

Although Gen X and Gen Y are leading the flexibility movement, Baby Boomers and Traditionalists tell us that they need flexibility too, but for different reasons. A Gen X mother of two who is employed full-time needs flexible scheduling, some give and take about starting time in her work day, and flexible personal leave to accommodate children’s illnesses, school events, and volunteer commitments. A 60-year-old Baby Boomer employee may need flexible scheduling to allow for winter travel and time with grandchildren! Gen Ys want flexibility to pursue educational, personal, and recreational interests. Traditionalists and Gen Ys, who (generationally speaking) share a grandparent-grandchild relationship, often have surprisingly similar needs and interests. 

New Rule #2: Support work-life balance.

Fifty (50) percent of Gen Xs were raised in single-parent families. Not surprisingly, Gen Xs say they place a high value on family life and personal balance. Gen Ys want work-life balance, too. They love to play, and play costs money. For this generation, work brings money to buy stuff and go places! Most Boomers have had a lifetime of commitment to hard work and long hours. In increasing numbers they are asking “Is that all there is?” Sabbaticals, reduced hours on the job, partial retirement and major career change are all examples of Boomers’ life-balancing strategies. Employers must not only say they value employees’ work-life balance, they must also walk their talk with policies and practices offering a range of options to encourage balance for all employees.

New Rule #3: Improve employee retention.

Well-lead organizations embrace practices that encourage employees to stay with the organization. Retention has a positive impact on customer service, morale, product quality and on the bottom line. It costs far less to retain a current employee than it does to hire and train a new one. 

Conducting annual staff satisfaction surveys and analyzing the data by generational cohorts will help your organization understand and deliver what employees need to stay. The factors that influence retention are complex. Rewards and recognition programs are part of the picture, however, effective management practices are generally more effective for influencing retention than are rewards. 

New Rule #4: Create cross-generational recruitment strategies.

Each generation is attracted to different qualities in an employer. Recruitment practices must reflect these preferences. Advertisements run in the local paper are not likely to attract Gen Xs or Ys, who are much more likely to search the Internet, use social networking sites or consult their friends for job leads. Asking younger generations to send resumes by mail communicates that you are an “old school” employer. Phrases in advertisements such as “Only successful applicants will be contacted” and “No telephone inquiries please” are depersonalizing and likely to drive candidates to other employers. A long list of applicant “musts” without any employer “give back” tells potential applicants that the employer doesn’t understand younger employees’ expectations of partnership between the employer and employees. 

New Rule #5: Provide coaching, mentoring, and career planning.

Learning and career growth are especially important for Gen Ys and Gen Xs. However, many Boomers and Traditionalists value lifelong learning too. Career change is increasingly common among older employees who, at age 55+, want jobs that are rewarding in ways that are not just monetary. There are substantial generational differences regarding the importance of promotions and upward career paths. Traditionalists and Boomers generally value promotions and advancement less than Gen Ys and Gen Xs. Gen Ys and some Gen Xs are as keen as Boomers used to be regarding career advancement. Organizations that hope to attract and keep these generations must make systematic coaching, mentoring, and career planning programs available to any employee of any generation. 

New Rule #6: Invest in supervisors and insist on supervision.

Anyone who supervises others must be skilled in managing both things (tasks, projects, problems) and people. Most people in supervisory or managerial roles were first trained in another skill. For example, all school principals were teachers first. Supervising people often requires skills that differ significantly from a supervisor’s first area of expertise. Employers cannot parachute a loyal, hard-working employee from the line into a management position and expect him or her to instantly know how to supervise effectively. Employers must invest in training and coaching supervisors and give them the support they need to do their jobs. 

New Rule #7: Manage change effectively. 

Change is ubiquitous within organizations. Effective change management is essential for employee recruitment and retention. Change management includes enabling people affected by change (including clients or customers and employees at all levels) to make the transition from what was to what will be. Each generation (and each individual within them) will have different reactions to change that must be anticipated and accommodated by employers.