The document provides guidance on effectively dealing with conflict in the workplace. It discusses the importance of conflict resolution, outlines a manager's role in preventing and addressing disputes, and provides tips for managing difficult employees. Specific strategies are presented, such as communicating expectations clearly, modeling appropriate conduct, addressing performance issues promptly and respectfully, and nipping potential conflicts in the bud. Scenarios demonstrate approaches for resolving common problems like attitude issues, rule breaking, interpersonal conflicts and intentionally difficult behavior. The overall message is that proactive and skilled conflict management can prevent disputes from escalating and avoid costly litigation.

1. How to Effectively
Deal with Conflict in
the Workplace
Presented by:
Laura P. Jordan
Phone: (503) 242-4262
Email: ljordan@laborlawyers.com
Atlanta • Boston • Charlotte • Chicago • Cleveland • Columbia • Dallas • Denver • Fort Lauderdale • Houston • Irvine • Kansas City • Las Vegas • Los
Angeles
Louisville Memphis • New England • New Jersey • New Orleans • Orlando • Philadelphia • Phoenix • Portland • San Diego • San Francisco • Tampa •
Washington, DC
www.laborlawyers.com
Fisher& PhillipsLLP
ATTORNEYSATLAW
Solutions at Work®

2. ROADMAP:
• Workplace Conflict
Resolution
• Dealing With Difficult
Employees
• Scenarios
• Summary

3. Why Conflict Resolution?
THE WORKPLACE IS
THE MOST
DANGEROUS
PLACE TO BE IN
AMERICA
– United States
Department Of
Justice, 1994

4. Conflict in the Workplace
• Workplace Conflict
– Can be a serious problem in the workplace
– Will result in a loss of productive employee
time
– Could result in civil/administrative litigation
• Costs of defense
• Costs of an adverse determination
– Personal liability of managers and supervisors

5. How to Resolve Conflict
• Manage
• Identify Opportunities
• Meet Challenges Head-On
• Communicate
• Pay Attention to the People

6. Manager’s Role
• Prevention through good company culture,
training and education
• Proactive and responsive to complaints
• All reasonable steps necessary to prevent
• Prompt, thorough and effective
investigations
• Appropriate follow-through

7. Key Manager Responsibilities
• Be a positive force/influence
• Communicate Effectively
• Uphold Performance Standards
• Model Appropriate Workplace Conduct
• Filter issues to determine what needs to
be raised with HR or management

8. Key Manager Responsibilities
• Be a positive force/influence
– You are the face of the company
– Negative attitude/interactions reflect on the
entire organization
– Most employee disputes can be dealt with
early or avoided through positive
communication

9. Key Manager Responsibilities
• “Positive Communication”
requires that you actively
engage your employees.
• It is not okay to ignore
issues in the workplace.
• How do you actively
engage your employees?

10. Key Manager Responsibilities
• Communicate Effectively
– Clear notice of expectations
– Opportunity to meet
standards
– Feedback on performance
• Performance evaluations
• Disciplinary action
• Positive praise where
appropriate

11. Key Manager Responsibilities
• Uphold Company Performance Standards
– Impose a duty on employees
– Find a benchmark that can be used to
measure performance
– Requires more professionalism than what the
law requires

12. Key Manager Responsibilities
• Model Appropriate Workplace Conduct
– The manager’s conduct is the standard for
employees
• Employees will not conform to policies if manager
does not conform
• Ignoring issues undermines the policies

13. Key Manager Responsibilities
Filter of Issues/Disputes
• Not every workplace dispute needs to be
reported to HR or senior management
• Look at the totality of the circumstances
– Is a protected status implicated?
– Are factors other than one’s ability to perform
a job at issue?
– Not sure whether to involve HR?

14. Managing Employees
• Treat Employees With Dignity And
Respect
– Find an office or conference room for privacy
– Start with general, open-ended questions
– Avoid questions that suggest a bias
– Avoid editorial comments or legal conclusions
– Any matter that is potentially significant (such as
harassment, discrimination, family leave, retaliation,
wage and hour or workplace safety) must be reported
to HR

15. Managing Employees
• What to Document
– Performance Assessments
Both formal and informal performance evaluations
should be documented
Tie the evaluation to job-related standards
– Performance Management/Discipline
Give the employee specific information about
performance problems and the steps to correct the
problems

16. Identify Opportunities
• Nip it in the bud!
• Ears and eyes open
• Look for the real
issues
• Beware of motives
• Objects in the mirror
are closer than they
appear!

17. Meet Challenges Head-On
• What elephant?
• Avoiding a problem is
not likely to make it
go away
• More likely to grow
out of control if not
addressed

18. Communicate
• Two-way process
• Skill
• Clear
• Timely
• Effective

19. Communicate
• Consistent
• Personal
• Positive
• Respectful
• Motivational

20. Pay Attention to the People
• Don’t get carried
away by other
distractions
• A little bit of employee
relations goes a long
way
• More and more
important in this
economic
environment

21. Identifying Issues
• Silence, bickering,
pettiness
• Lack of team
approach
• Complaints
• Other symptoms

22. Resolving Workplace Issues
• One-on-one
• Group
• Third party
• Goal setting
• Common benefits
• Or else

23. Dealing with Difficult Employees
• Direct
• Professional
• Deal with issues
• Avoid traps
– Legal
– Personal

24. Reality
• Every manager has a tendency to put off
those difficult conversations hoping the
problem will disappear
• Whether vulgar language, excessive
gossip, inappropriate dress, personal
hygiene, or performance issues, every
manager will face difficult employee issues

25. Reality (continued)
• Supervisors need to be skilled and understand
what is legal
• More than that, they need to understand what
will work
– How to begin the conversation
– How to confront difficult employees
– How to create an atmosphere that engages
employees
– How to discover the truth and learn what is really the
cause

26. Reality (continued)
• Attitude problems
• Rule breakers
• Does not play well
with others
• An excuse for
everything
• Keeping a record
• Intentionally difficult

27. Reality (continued)
• Address the facts
• No tolerance for threats, accusations and
defiance
• Productive ways to counsel employees
• Keep your emotions under control
• Focus on the problem, not the person

28. The Right Approach
• We are all in this
together
• Do you want to be a
part of the team?
• Do you want to
succeed?

29. Scenario
• Attitude problems
–Identify the real
issue
–Motivation
–Address as
appropriate

30. Scenario
• Rule breakers
–Testing?
–Showing off?
–Pushing the
limits?
–Leader of the
group?

31. Scenario
• Does not play
well with others
–Source of
conflict
–Motives?

32. Scenario
• An excuse for
everything
–Has it worked?
–Real issues?
–Find a cure

33. Scenario
• Keeping a record
–Always pretend
you are being
recorded
–Warning bells
–Don’t be scared
–You’re the star!

34. Scenario
• Intentionally
difficult
–Agenda
–Defense
mechanism
–Zero tolerance

35. Scenario
• Constant
Complainer
–Negativism
–Setting an
example
–Subject of
dissatisfaction

36. Scenario
• Handwriting on
the Wall
–Waiting to act
–Correct timing
–Decision point

37. Stay Legal
• All actions subject to
review
• Identify attempts to
mischaracterize
• Watch for fraud
• Watch for buzzwords
• Create your own
record

38. Key Points to Remember
• Manage employees
• Deal with complaints and problems
• Realize “perception” is as important as
reality
• Remember the goal is to prevent, resolve
and avoid claims – not to “win”

39. Thank You!
Follow up and final questions?
Presented by:
Laura P. Jordan
Phone: (503) 242-4262
Email: ljordan@laborlawyers.com
Atlanta • Boston • Charlotte • Chicago • Cleveland • Columbia • Dallas • Denver • Fort Lauderdale • Houston • Irvine • Kansas City • Las Vegas • Los
Angeles
Louisville Memphis • New England • New Jersey • New Orleans • Orlando • Philadelphia • Phoenix • Portland • San Diego • San Francisco • Tampa •
Washington, DC
www.laborlawyers.com
Fisher& PhillipsLLP
ATTORNEYSATLAW
Solutions at Work®