What do you do with jerks at work, especially when they claim protection as whistleblowers or as members of protected classes? There are steps you can take, says attorney Jathan Janove.
In fact, you can discipline and ultimately, if necessary, terminate your jerks, says Janove, a partner in the Portland, Oregon, office of Ater Wynne LLP. Janove delivered his suggestions at the recent SHRM annual conference in Chicago.
The Problem with Jerks
When jerk behavior (Janove defines a jerk as “a person, usually male, who is unwelcome due to unlikable qualities and behavior”) crosses over to discrimination against a protected class—sexual harassment, racial harassment—that’s easy to deal with, says Janove.
But a lot of jerk behavior doesn’t cross that line. You can’t tie it to a legal problem, but you know it’s not good and it’s costing the company.
A Typical Jerk
Janove offers an example of jerk behavior from an Indiana case. A heart surgeon for whom “ego management was a challenge” was especially hard on his perfusionists—heart-lung operators—calling them morons, cursing, and threatening. His face would turn red and his veins would bulge.
When one of the perfusionists complained, the surgeon really upped the ante. Eventually, the employee couldn’t come to work and sued for intentional infliction of emotional distress. A $325,000 judgment against the surgeon was upheld.
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Work Jerk Prevention
How should you handle jerks? Janove has developed a 5-step approach for dealing with jerks at work.
Step 1: Express Your Values
It is amazing how often this first step is overlooked, says Janove. Have you articulated your values and your standards of behavior or have you just assumed that people will treat each other with respect? He suggests this statement:
It is essential that at all times our employees treat each other, and those with whom they come into contact, with courtesy, respect and professionalism; and that they work cooperatively and constructively in resolving issues or problems.
Step 2: Publicize and Conduct Training
Publicize your values widely, says Janove, in your:
- Job Descriptions
- Handbook
- Statement of Values
- Antidiscrimination Policy
- Disciplinary Procedure
Include your values and behavior expectations in your training programs, he adds.
Step 3: “DIS” the Jerk
Whether they are inadvertent jerks (just sharing their “great” sense of humor) or advertent jerks (they know what they are doing is offensive or causing pain), you need to “DIS” the jerk, says Janove. DIS means providing direct, immediate, specific feedback. You point out the specific offending behavior and ask that it stop.
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Step 4: Doc the Jerk
Janove recommends the “same-day summary” for documenting jerk behavior. It should be delivered within 24 hours and should be less than one page. It summarizes the key points that you mentioned when you DISed the jerk. Janove offers the following example:
TO: Jerk
DATE: Today
This summarizes our discussion this morning regarding your treatment of co-workers. Information I’ve received includes …. This has resulted in employees feeling uncomfortable working with you and undermines departmental trust and teamwork. You said you hadn’t intended to offend anyone, but agreed that this behavior needs to change. I appreciate your understanding. If I haven’t summarized our discussion accurately, please let me know immediately.
This is not really disciplinary, says Janove. This is optimistic that the problem can be solved. “Let’s make sure we are on the same page.”
Step 5: Expose “Mushroom” Jerks to the Light
Mushroom jerks operate behind the scenes, doing plenty of damage, but not in public. Mushroom jerks must be exposed to the light. They don’t like attention, so they will often stop just because you are managing the situation, says Janove.
You might say, “I hear there’s an issue, I hear talk, I want to get to the bottom of it because it’s against our policy and values statement.” Often this can be accomplished by calling employees in as a group.
In tomorrow’s Advisor, more of how to deal with jerks at work, and an introduction to a unique training program that helps to stamp out inappropriate behavior.
The recommendations for action in the article about dealing with jerks at work is:
So clear,
So simple,
So absolutely right,
So rarely done well!
Bravo,
John
Yancey at You can learn basic employee rights
The article on the jerk at work, has similar characteristics of a workplace bully. A lot of times office bullies use or pervert their power in the workplace. The bully tactics include…
* degrading
* humiliating
* insulting
* affronting
* intimidating
…the “target” of their abuse. The article makes an excellent point about articulating in writing a value and standards statement. However, even with such statements some employers for various reasons allow the jerk or bully to operate. For example, in a “good ole boy” system the “jerk” is actually the point person for the overall discriminatory culture in a workplace. Diverse groups and women are systemically “jerked” and “bullied” just short of the “perceived discrimination line”. Since the jerk is jerking everyone the discrimination is shrouded. But, what may go unnoticed is that the jerk bullies the diverse group and women a lot more often than everyone else.
Until their are specific federal laws passed to protect employees from bullying or jerking, companies that promote or are ignorant of both will continue to find themselves in potential legal hot water.