by Armando V. Riccio, Esq.

609.634.2784 | ariccio@njlabor.lawyer

© 2018 Armando V. Riccio, LLC A New Jersey Limited Liability Company All Rights Reserved

The following is presented for general, informational purposes only and does not constitute legal advice. Cases are fact sensitive. If legal advice is desired, please

retain an attorney.

mailto:avriccio@gmail.com

Paul J. Miola, CPCU, ARM – Executive Director Paul A. Forlenza, MGA, RMC, Deputy E.D. Armando V. Riccio, Esquire

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Welcome

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I. Municipal & County Finance Officers

a.) 2.0 Hours – Office Management & Ancillary Subjects

II. Certified Municipal Clerk a.) 2.0 Hours – Professional Development III. Public Works Manager a.) 2.0 Hours –Management

* Certificates will be available for those who need the CEU’s * Please complete a Course Evaluation

IV. Tax Collector a.) 2.0 Hours – General / Secondary

V. Qualified Purchasing Agent

a.) 2.0 Hours – Office Admin./ General Duties

Approved for the Following Contact Hours:

1. Court decisions mandate training for managers and supervisors

2. Reminder about your role in managing risk

Front Line Supervisors Play an Important Role

Workers Compensation Liability

Owner Equity— JIF is owned by you – our members – not outside shareholders. Your annual premium goes toward paying your share of the JIF’s claims.

Owner Governance—As an owner, your voice is heard. You elect our Board of Directors, which includes people from municipalities of all sizes, so you can be confident that your community’s interests are represented.

Not an Insurance Company!

Employee Safety ◦ Safety Committees ◦ Training ◦ Tool Box Talks ◦ Bulletins ◦ Videos

Reporting Injuries Prompt reporting = Fewer headaches

Learning from Incidents ◦ Supervisor’s Incident Report

Your role as a leader

Healthy employees less injury prone! Co-morbidities lengthen disabilities! ◦ Obesity ◦ Diabetes ◦ Smoking

JIF Wellness Director can assist Monthly Newsletter Make an effort to get started

Road, Sign, and Walkway Program/Inspections ◦ ID conditions that need attention ◦ Notify others

Job Site Observations (JSOs) ◦ Ideal for coaching/feedback

Documentation is your salvation ◦ Strong defense in court

Employment Practices Liability Continue to be our most difficult claims Fee shifting/costly to defend Preventable ◦ Sexual harassment ◦ Hostile work environment

Courts mandate training

Avoid litigation headaches ◦ Including personal liability and embarrassment

Understand the need to follow the process and the professionals

Address the present climate and refocus training materials

Armando V. Riccio, Esq.

Training hasn’t worked – too “legalistic” EEOC Training Institute Respect in the Workplace

Employer: ◦ Compensatory damages ◦ Punitive damages ◦ Supervisor Conduct: Strict liability for quid pro quo Strict liability for equitable damages ◦ Co-Worker Conduct: Negligence

Individual ◦ Standard/proofs vary with Statute ◦ Other tort type liability: assault, battery,

intentional infliction of emotional distress, etc.

Family

Career Criminal charges Public knowledge

Personal relationships

CAN YOU NAME EVERY PROTECTED CLASS

RECOGNIZED UNDER FEDERAL AND STATE LAW?

Decreased productivity Increased sickouts Sabotage Disengaged employees Lack of trust Multitude of disciplinary action ◦ OR it goes ignored!

In-fighting

Reversal of the prior issues Sense of job security, wellbeing, appreciation Increased efficiency Decreased likelihood of inappropriate

behaviors

Courtesy Decency Fairness Dignity Compassion

Don’t bully Don’t be disruptive Don’t poke fun at personal traits or

“immutable” characteristics Observe rights of others ◦ Personal space ◦ Property

Show empathy (when appropriate), not pity Demonstrate appreciation

Be supportive of others Be good to each other/help each other Encourage others ◦ To ask for assistance ◦ To believe in their abilities ◦ To work collaboratively ◦ By showing interest

Encourage open dialogue Be accessible

Maintain a friendly/appropriate tone of voice Engage in active listening Keep disagreements professional ◦ Don’t prohibit disagreement!

Incorporate/Spotlight various co-workers ◦ Interaction they handled well ◦ Success they achieved ◦ Commendation they received

Errors: Talk to the person, not about them Use positive speech and “model” ◦ Avoid negative talk/about another who isn't present

Focus on professionalism: ◦ Identify the problem ◦Depersonalize it ◦ Identify workable solutions

Constructive conflict – NOT rude

Ask your work group: ◦ How many believe it’s going on? ◦ Who wants to work in an environment without it? Write “Gossip 2018” on large paper ◦ Who want to join in a project for the next 3

months no backbiting at work? Have each person sign under “Gossip 2018” Post it in a place observable to the workgroup ◦ Approximately each week – ask “How are we

doing with Gossip 2018”?

Feeling of commonality ◦ Most only gain rapport with individuals like

themselves Match and mirror ◦ People like others like themselves OR are

like who they’d like to be ◦ Don’t mimic! Don’t mock!

Formal policy Complaint structure Training Monitoring mechanism Unequivocal commitment

Municipalities rely upon prompt, timely reports of violations ◦ to ensure its ability to promptly, effectively and

efficiently address it ◦ incident is fresh in the minds of witnesses ◦ witnesses can be more readily identified ◦ collect and preserve evidence ◦ get accurate, detailed records or statements ◦ to maintain the integrity of the workplace ◦ prevent further violations

Balance: protect employees and provide accused a fair opportunity to address allegations

Futility argument overcomes employer’s defense of failure to internally complain

Allows problems to fester Creates dissatisfaction/dissension ◦ Widens the divide

Enables the wrongdoer Sends the wrong message to others ◦ Encourages others to do it ◦ Discourages complaints/efforts to resolve it

Play Ellen Video

Use humor ◦ Careful with self-deprecating humor Can breed contempt! ◦ Ego-boosting humor Something person isn’t going to be insecure about

Use jokes that don’t hurt anyone ◦ Avoid jokes that make someone feel as though

they’re the target/”loser” Alienation Greenlight to wrong doers ◦ Don’t attack insecurities Usually safe - temporary, common or not core to their

identity

Who is the disciplinarian? ◦ Appointing Authority ◦ Township/Business Manager ◦ Chief ◦Department Head ◦ Statute ◦Ordinances ◦ Collective bargaining agreements

Don’t telegraph your punch Let them talk you off the ledge Minor Discipline can cause MAJOR headaches Remember: Don’t hold back! ◦ Charge ALL offenses at the outset ◦ Pursue full (major) discipline whenever viable ◦ Disclose/raise all factual events ◦ Produce discovery

IF you want to end the problem, NEVER allow an

entire suspension to be via surrender of time KNOW your opposition – ALL OF THEM ◦ Employee, Shop Steward, Union BA, Union Attorney

Save your best for last ◦ Settlements of disciplinary action Agreements FNDA Union sign off and “past practice” ◦ Civil Service

Conscientious Employee Protection Act: Prohibits retaliation (e.g. an adverse

employment action) because the employee: oProvides information to or testifies before any

public body conducting an investigation, hearing or inquiry

Basic elements of a retaliation claim: ◦ Asserts a protected right Good faith requirement ◦ Suffers an adverse employment action… ◦ Because they asserted the right

Can win the underlying claim and lose the retaliation claim

Progressive discipline (including verbal warnings) Performance appraisal Memo/e-mail regarding performance or

discipline issues Notes Staff meeting agendas and/or minutes (including

handouts & attendance sheets) Statements of witnesses Records related to the type of issue or problem

(e.g., attendance, computer or telephone records) Samples of work errors

Conduit of information ◦ Rules on notes

Timeliness of information ◦ Receipt ◦ Transmittal

Resolve emergencies

THANK YOU!

Armando V. Riccio, LLC Counselors at Law

Management-side Labor/Employment Attorneys

609.634.2784

ariccio@njlabor.lawyer

© 2018 Armando V. Riccio, LLC A New Jersey Limited Liability Company

All Rights Reserved

mailto:avriccio@gmail.com

#!?&&*^x-$!�Workplace IntroductionsHousekeeping2018 Managers & Supervisors�Division of Local Government Services�Why Are You Here?JIF 101Workers Compensation Basics�Preventing Employee InjuriesWellness�A Concept Who’s Time Has ComeLiability Risk ControlToday’s FocusToday’s ProgramEEOC “Guidance”LiabilityPersonal ImpactSlide Number 15Slide Number 16Slide Number 17Slide Number 18Slide Number 19Slide Number 20Slide Number 21Slide Number 22Impact of Disrespectful BehaviorImpact of a Respectful WorkplaceWhat is Respect?Show It! – Your ChecklistShow It!Show It!Conflict/DisagreementsBackbiting (Glenn Rolfsen)Build RapportEmployer’s Affirmative DefenseSlide Number 33PROMPT REPORTING IS ESSENTIAL!Employer’s Failure to AddressSlide Number 36Lessons From EllenSlide Number 38Authority to ActDisciplinary ActionDisciplinary ActionDisciplinary ActionDiscipline & Testimony at the HearingRetaliation ConcernsUndermining the Preemptive StrikeDocumentation/EvidenceDocumenting EventsSlide Number 48