DEALING WITH DIFFICULT PEOPLEA Survival Guide To Managing Problem Employees,
Co-workers & Clients In The Workplace
7/19/2011©J. Edward Enoch, P.C. 2011
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
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