The Law: Dealing with employee attitude issues

In my years of defending employers, I have concluded that every workplace has at least one employee that requires 99 percent of human resources’ time, whether it is absenteeism, office gossiping, lack of initiative, excessive cellphone usage, making excuses, or lack of respect for others.

It applies to management also. Negative supervisors lead to employees feeling punished, rejected, defensive and humiliated. Employees struggle to perform effectively in this kind of environment because negativity is infectious, reducing motivation and focus.

Let me be clear: Employees and managers are all allowed “off days.”

Who hasn’t felt the weight of a Monday morning or groaned internally at a last-minute assignment on a Friday afternoon. But there's a line between the usual work grumbles and the full-blown, relentless mood dampeners.

Chronic ‘bad attitude’

It is crucial to differentiate between an employee going through a rough patch and one with a persistently sour outlook. So, what's the difference?

The difference between the two situations typically lies in the duration, underlying causes and patterns of behavior.

An employee with a chronic “bad attitude'” isn't just having a fleeting case of the Mondays.

Employees in a rough patch often show improvement with time and support, whereas a persistently sour outlook may signal deeper systemic issues.

Accordingly, while constructive disagreements are natural — and even beneficial — in a professional setting, it is also essential to distinguish between those crucial conversations and persistently negative attitudes which damage not just individual well-being but the organization’s broader health and success.

What should an employer do?

First, try to understand the root cause for the poor attitude. Is it directed at specific individuals, tasks, or situations?

Then, it is time to have a difficult conversation with the employee. Address the behavior, not the person.

For example, “I noticed during meetings you often interrupt others, which disrupts the flow of discussion.” Explain what professional behavior looks like in the workplace, and set measurable goals for the person, such as, “In team meetings, I’d like to see you participate constructively by waiting your turn to speak and offering supportive feedback to colleagues.”

As always, document, document, document! Document the incident, document your conversations with the employee, and document the steps taken for resolution.

Continue to monitor the employee’s changes in behavior and provide ongoing feedback to the employee including positive feedback such as “I thought your conduct in yesterday’s meeting was appropriate and raised some good points.”

Encouraging a culture of positivity and recognizing and rewarding good behavior can help set the tone for the workplace.

External coaches

Another option is to provide an external coach or classes to help the employee overcome this style of interaction. Be prepared to have a conversation, however, about the employee who is facing mental health concerns or personal issues at home.

These are not issues for you to resolve. Instead, refer them to H.R. or to your Employee Assistance Program resource.

Corrective action

Finally, if the employee’s destructive conduct does not change, you must take prompt corrective action, and if necessary, remove the employee from the organization.

Remember: Employers in Iowa can establish and maintain workplace policies such as conduct and productivity, as long as they are applied consistently and fairly to avoid claims of wrongful termination and discrimination. Taking these steps will reduce the likelihood of a lawsuit.

Accordingly, dealing with employees who exhibit attitude issues requires a balance of professionalism, documentation and clear communication.

Wilford H. Stone is a lawyer with Lynch Dallas in Cedar Rapids. Comments: (319) 365-9101; wstone@lynchdallas.com