Post on 25-Jun-2020
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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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