DEALING WITH DIFFICULT PEOPLE A Survival Guide To Managing Problem Employees, Co-workers & Clients In The Workplace
EMPLOYEES • Hire slow • You can’t ask that? • Testing • Discrimination • Fire fast • At-will state • Does not have to be a good reason, just not the wrong reason
DOCUMENT, DOCUMENT, DOCUMENT • Unemployment claim • DOL-800 C:\Users\EEnoch\Desktop\Difficult People\dol800.pdf • Privileged • Deliver at time of termination • Keys to preventing unemployment claims • What policy did employee violate? • How did employee know violating policy would cost their job?
DOCUMENT, . . . • EEOC • What policy did employee violate? • What happened to others who violated that policy? • Office demographics • Wage and Hour • Overtime • Exempt/non-exempt
CUSTOMERS • Collections: Don’t work for nothing • Magistrate Court $15,000.00 limit • You can do it yourself, but . . . • You don’t get a check, you get a judgement • Defamation: Badmouthing the business • Charges against another in reference to his trade, office, or profession, calculated to injure him therein
CUSTOMERS, continued • Tortious interference with business relations • Shoplifting • Limited privilege for shopkeepers and employees • Look but don’t touch
Bosses & Co-workers • Discrimination • Sexual harassment is a form of discrimination • Hostile environment—bosses and co-workers • Quid pro quo—bosses only • Workplace violence/bullying • Battery—unlawful touching • Assault—attempted unlawful touching • Putting employer on notice is best strategy because of negligent retention
Bosses, Co-workers cont. • Intentional infliction of emotional distress actionable conduct does not include insults, threats, indignities, annoyances, petty oppressions, or other vicissitudes of daily living but must go beyond all reasonable bounds of decency so as to be regarded as atrocious and utterly intolerable in a civilized community. Kuritzky v. Emory University, 699 S.E.2d 179