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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