How to Manage Challenging Employees

?Over the years, as an employment lawyer, I've helped many clients with various knotty problems borne out of managing staff.

Naturally, the fault of any dispute can rest with either party or often both are complicit, especially when matters trigger an emotional response.

One of the more common scenarios I deal with is where an employee is proving to be a problem, and despite the employer's best efforts, the issues are just not going away.

The problem could be...

• Making a series of unsubstantiated grievances about a specific individual (often a manager) develops into a personal vendetta and risks driving away the good employee.
• Repeated time off without a common cause.
• An unproductive performer using excuses of company systems and processes as reasons for lack of output.
• An unappointed "shop steward" who purports to present the causes of "the workers" and is constantly seeking better terms which are wholly unrealistic.
• The toxic employee actively creates disharmony by spreading rumours and malicious gossip, upsetting a previously happy workforce.

The list could go on, but hopefully, you're getting a picture, or perhaps you recognise one or two of those scenarios.

In any situation of potential conflict, we often tend to "put off" dealing with it as the thought of tackling the issue creates a feeling of dread.?We also like to prioritise matters at work, look at the forward-facing day-to-day tasks, and push back the unexpected items in the in-tray.

I've witnessed the most capable business owners, directors, and senior managers follow this avoidance pattern, which is not uncommon.

Experience has taught me that the longer you put it off, the worse a situation can become.?Consider the influence of someone who is agitating publicly or privately and stirring up negative feelings amongst your workforce.?

In the spirit of balance, let's not paint all complainants as villains. They may have a good reason for their behaviour, but if they are not being listened to by those in senior positions, they will escalate and seek channels to air their views to validate their position.

Below are a few suggested steps to take if you find yourself on the receiving end of a challenging employee.

If you're dealing with a difficult employee, following these steps can help you resolve the situation.

1. Please get to the heart of the problem as soon as possible and arrange an informal discussion to hear the concerns or raise your own.
2. Please keep calm throughout, actively listen to the employee, and give them the space and confidentiality to speak openly without recrimination.
3. Set ground rules for the conversation in that you will review facts and actions but will not make the issue personal, avoiding any character assassination attempts.
4. Could you identify the crux of the problem by asking for clarification and avoiding hearsay and conjecture?
5. Please don't make any definitive statements or decisions before the facts have been investigated.
6. Could you provide clear directions to the steps and what you expect of them while the matter is being investigated?
7. Could you make a written note of the meeting and the agreed steps with a timeline of actions?
8. Could you share the note and impress on the employee's need for confidentiality and the consequences if that trust is breached?
9. Could you look into this and, if necessary, ask a senior colleague to take oversight of the process? This is an insurance policy move to help protect a position where your own credibility or position may be called into question by the employee.
10. Please report within the agreed timeline and describe the findings and what you will and will not be doing because of the investigation.

Note: Depending on the circumstances of the matter, the employee may be offered a right to appeal your decision.

It's not a part of the job managers find enjoyable but having a clearly defined process, adopting a measured approach, and getting to issues at the earliest possible point will send a clear message within the organisation.?As a manager, you'll feel in control of the process rather than being hijacked by unexpected events.

If the concerns are valid, the sooner you can handle them, the better.?If the "noise" is simply malicious, the swift response also helps to contain any likely spread of toxicity and sends a positive message to colleagues who otherwise could be impacted by events.?

If you are in the process of tackling such a matter and would like a second opinion or more direct support, I'd be more than happy to help.