Dealing with Difficult People

Too many people stress over working with “difficult people” and are constantly frustrated because nothing ever seems to change.

We expect others to change without considering the changes we should make in our own behavior which is part of why the “difficulty” exists.

“True insanity is continuing to do the same thing but expecting a different result.” – Albert Einstein

The first step to learning how to deal with difficult people is to learn how to interact productively and positively by modifying some of your own behavior.  If you continue interacting the same way you always have then you will continue to be frustrated…just as you are now.

When someone is difficult to work with it’s because of one or more of the following reasons:

1. Low self-worth / self-esteem.
2. Lack of ownership.
3. Lack of knowledge or skill sets.

Steps to take when communicating with any difficult person?

1. Be proactive (initiative)
2. Begin with the end in mind (the end result you want)
3. Put first things first
4. Think “win, win” (we win)
5. Seek first to understand  and then be understood
6. Sharpen your own skill sets
7. Be flexible
8. Commit to a solution

Conflict resolution techniques:

1. Tell it like you see it and put everything on the table
2. Use “I messages”
   • I feel…
   • I want..
   • I need..
   •  I am..
3. Do not accuse
4. Be willing to listen
5. Create agreeable solution
   • How can we resolve this?
   • How can we put this behind us?
   • What can we do to move forward?

Again, you must adjust your own approach if you wish to see positive improvement when working with difficult people.

Recommended books:

• “Who Moved My Cheese” By Spencer Johnson
• “Be a People Person” By John Maxwell
• “Fred Factor” By Mark Sanburn
• “Boundaries” By Henry Cloud

Termination Best Practices

Costly lawsuits may result from poor termination practices. Before terminating an employee, it is recommended that you answer the following questions:

Do we have a well-documented valid business reason for the termination decision?

• Do we have supporting documentation to back up the reason for termination? Has the violation(s) been thoroughly documented and investigated if needed?  Did we take appropriate disciplinary steps including verbal warnings, written warnings, counseling and further training if needed? Was the employee given an opportunity to correct the action or behavior?

Have we been consistent in our termination process?

• If we have fired others for the same offense, then termination should occur for the same violation of policy.

Could this be considered discriminatory against he terminated employee?

• Make sure that the termination is related to job performance, not based on religion, age, sex, marital status, disability, pregnancy, race or national origin. All employees should be treated fairly and without bias.

Could the employee consider the termination as retaliatory?

• Make sure to look at each situation carefully to insure the employee is not being fired for performing a protected activity such as reporting sexual harassment or workplace violence.

Have we followed our own policies?

• Review your policies, and be sure that all supervisors have followed the policies. Were the policies and rules explained to the employee in the past? Does our handbook policy address the employee’s violation as grounds for immediate termination?

Does the employee have a guarantee or written employment contract with our organization?

• Courts often find these documents implied contracts and may bind you to its terms.

Does the employee have a union agreement?

• Be sure to follow all union contract provisions regarding the termination.

Is the employee pregnant?

• An employee may not be terminated due to a pregnancy. Did we treat the pregnant employee like others who have a disability?

If you can answer these questions with confidence and supporting documentation (where necessary) then you are following HR Best Practices in regards to terminating employees.

Fire Safety: Common Mistakes

Protecting employees and the workplace from fires is an important job—too important to let anything fall through the cracks.

 

Robert Solomon is division manager for building and life safety codes for the National Fire Protection Association (NFPA). He leads a team of engineers who develop and update NFPA codes, conduct fire investigations, and are involved in emergency and nonemergency movement of building occupants.

 

When it comes to workplace fire safety, Solomon says several things can fall through the cracks.

One is the need to regularly remind employees what they are expected to do. Refresher training should include basics like sounding the actual building fire alarm so that workers know what it sounds like, and identifying the two closest exists.

Another mistake is not training employees to deal with the real-life situations they may have to face in the event of a fire. Solomon uses the example of employees in high rise buildings. He reminds employers to encourage employees on upper levels to occasionally walk down 8 or 10 flights of stairs, recognizing that they may have to walk down 50 or more floors in an actual emergency.

"The time to learn you're going to encounter a difficulty," says Solomon, "is when you have the time to deal with it, not during an emergency.

 

"The same kind of thinking applies to other fire-related situations, such as smoke, exit routes blocked by flames, encountering hazardous vapors, etc.

 

Other Mistakes

 

Other common mistakes employers make concerning workplace fire safety include:

 

• Not having a well-developed and frequently reviewed fire safety plan
• Not properly instructing all employees about the plan
• Not conducting fire drills (or not making them a surprise)
• Not training employees to use fire extinguishers if they are expected to use them in the event of a fire
• Not training employees about when to fight a fire and when to evacuate

Safety Daily Advisor

Health Care Reform Update – Pro’s & Cons

On June 28th 2012, the Supreme Court upheld “Obamacare”. What does this ruling mean for several Americans?

Pros

American’s in favor of Obamacare view this act with the following mindset:

1. Insurance companies no longer have unchecked power to cancel your policy, deny you coverage, or charge women more than men.
2. Soon, no American will ever again be denied care or charged more due to a pre-existing condition, like cancer or even asthma.
3. Preventive care will still be covered free of charge by insurance companies--including mammograms for women and wellness visits for seniors.
4. By August, millions of Americans will receive a rebate because their insurance company spent too much of their premium on administrative costs or CEO bonuses.
5. 5.3 million seniors will continue to save $600 a year on their prescription drugs.
6. Efforts to strengthen and protect Medicare by cracking down on waste, fraud, and abuse will remain in place.
7. 6.6 million young adults will still be able to stay on their family's plan until they're 26. 

Cons
American’s not in favor of Obamacare view this act with the following mindset:

1. Individuals will be required to pay an increasing penalty if they do not have and maintain health insurance coverage starting in 2014.
2. Potential for increased insurance premiums for individuals to help cover insurers financial burden.
3. Longer waits for medical attention as traffic increases at primary physician offices.
4. Fewer, overworked physicians – decreased quality of care and attention.
5. Small businesses with 50 or more employees that do not offer care within the required guidelines will face penalties each year that could significantly impact income and growth rate.
6. Loss and/or change of Medicare coverage due to program updates.
7. New and increased taxes on drug companies, medical device maker companies, hospital insurance, Cadillac health plans, limited amount taxpayers can deposit into FSA’s….etc.

Heat Stress Safety for Summer

Every year, thousands of workers become sick from occupational heat exposure, and some even die. These illnesses and deaths are preventable.

 

Why is heat a hazard to workers?

 

When a person works in a hot environment, the body must get rid of excess heat to maintain a stable internal temperature. It does this mainly through circulating blood to the skin and through sweating. When the air temperature is close to or warmer than normal body temperature, cooling of the body becomes more difficult. Blood circulated to the skin cannot lose its heat. Sweating then becomes the main way the body cools off. But sweating is effective only if the humidity level is low enough to allow evaporation, and if the fluids and salts that are lost are adequately replaced.If the body cannot get rid of excess heat, it will store it. When this happens, the body's core temperature rises and the heart rate increases. As the body continues to store heat, the person begins to lose concentration and has difficulty focusing on a task, may become irritable or sick, and often loses the desire to drink. The next stage is most often fainting and even death if the person is not cooled down.

 

Excessive exposure to heat can cause a range of heat-related illnesses, from heat rash and heat cramps to heat exhaustion and heat stroke. Heat stroke can result in death and requires immediate medical attention.

 

Exposure to heat can also increase the risk of injuries because of sweaty palms, fogged-up safety glasses, dizziness, and burns from hot surfaces or steam.

 

Factors That Put Workers at Greater Risk

 

Workers exposed to hot indoor environments or hot and humid conditions outdoors are at risk of heat-related illness, especially those doing heavy work tasks or using bulky or non-breathable protective clothing and equipment. Some workers might be at greater risk than others if they have not built up a tolerance to hot conditions, or if they have certain health conditions. The table below shows some environmental and job-specific factors that increase the risk of heat-related illness.

• Environmental High temperature and humidity
• Radiant heat sources
• Contact with hot objects
• Direct sun exposure (with no shade)
• Limited air movement (no breeze, wind or ventilation)
• Job-Specific Physical exertion
• Use of bulky or non-breathable protective clothing and equipment

Workers who are suddenly exposed to working in a hot environment face additional and generally avoidable hazards to their safety and health. New workers and those returning from time away are especially vulnerable. That's why it is important to prepare for the heat: educate workers about the dangers of heat, acclimatize workers, gradually increase the workload or allow more frequent breaks to help new workers and those returning to a job after time away build up a tolerance for hot conditions.

 

How do I know if it's too hot?

• The temperature rises
• Humidity increases
• The sun gets stronger
• There is no air movement
• No controls are in place to reduce the impacts of equipment that radiates heat
• Protective clothing or gear is worn
• Work is strenuous

The heat index, which takes both temperature and humidity into account, is a useful tool for outdoor workers and employers.
 
Heat-related illnesses can be prevented. Important ways to reduce heat exposure and the risk of heat-related illness include engineering controls, such as air conditioning and ventilation, that make the work environment cooler, and work practices such as work/rest cycles, drinking water often, and providing an opportunity for workers to build up a level of tolerance to working in the heat. Employers should include these prevention steps in worksite training and plans. Also, it’s important to know and look out for the symptoms of heat-related illness in yourself and others during hot weather. Plan for an emergency and know what to do — acting quickly can save lives!

Social Media Management – Policy Tips!

Unless you live under a rock, you’ve become very aware that the social networking phenomenon has found its way into the workplace resulting in decreased employee productivity, employee abuse of company time and other types of employee misconduct. Other types of misconduct, risk and/or threats include but are limited to the following:

• Harassment
• Title VII Violations
• Defamation
• Disclosure of Trade Secrets
• Union Organizing
• Violence
• Slacking (abuse of company time)

Employees are using multiple sites for their online socializing such as:

• Facebook
• Linkedin
• Mysay
• YouTube
• Twitter
• MySpace
• Iratemyday
• Moodmill

Employers should have a policy in place to regulate, and even prohibit, employees from engaging in online social networking activities while on company time and property. A Social Media Policy should address the following:

1. Cover all web activities such as: Social Networking; Blogging; YouTube; Bulletin Boards and Chat Rooms
2. Affirmative guidelines for on-duty and off-duty web use
3. Prohibited conduct
4. Permit/prohibit use of company resources
5. Disciplinary action to be taken including but no limited to immediate termination for violations of policy
6. Compliance monitoring by employer

Employers are able to better manage and control legal risks and threats related to online social networking by having a policy in place for employees to follow while on and off-duty.

 

 

 

Exempt & Non-Exempt

What is an EXEMPT employee?

 

An employee who is exempt from receiving overtime pay and is also exempt from minimum wage requirements set by the FLSA. If employee exceeds 40 hours in a workweek, they do not qualify to receive overtime compensation.

 

Employees classified as EXEMPT must meet all of the following requirements:

1. Must be compensated at a rate no less than $455 a week
2. Must be compensated on a salary or fee basis
3. Must perform certain job duties

Each employee should be measured against a three tier test system to determine if an employee can legally be classified as EXEMPT:

 

Test 1. Salary Level – as noted above – must be $455 or higher per week

 

Test 2. Salary Basis – how they’re paid – must be salaried of fee – NOT hourly.

 

Test 3. Job Duties (EXEMPT duties) for each of the following:

• Executives
• Outside Sales
• Creative Professionals
• Administrators
• Learned Professionals
• Computer Professionals

IMPORTANT: There are exceptions to each of these tests so do not assume at first glance that the employee truly is exempt.

 

What is a NONEXEMPT employee?

 

An employee who is covered by the FLSA and must receive overtime pay for hours worked in excess of forty (40) in a workweek. Employee must also be paid no less than minimum wage.

 

Ensure that each of your employees are properly classified by following the FLSA guidelines. Details can be found by visiting the DOL.GOV website.