From Supervisor to Leader: Responsibilities, Effective Communication, and Conflict Resolution

WACUBO BMI Higher Education Management Institute UC Santa Barbara: Corwin East August 1, 2016 10:15 a.m. – Noon Presented by: Barbara J. Ginsberg, Esq. Partner Atkinson, Andelson, Loya, Ruud & Romo 12800 Center Court Drive, Suite 300 Cerritos, CA 90703 main 562-653-3200 • fax 562-653-3333 www.AALRR.com

© Copyright 2016 Cerritos • Fresno • Irvine • Pasadena • Pleasanton • Riverside • Sacramento • San Diego

www.aalrr.com

Barbara J. Ginsberg Partner [email protected] Cerritos 12800 Center Court Drive, Suite 300 Cerritos, California 90703 562.653.3200 | Fax 562.653.3333

Education   J.D., Thomas Jefferson School of Law   B.A., University of California, Irvine  

Irvine 20 Pacifica, Suite 1100 Irvine, California 92618 949.453.4260 | Fax 949.453.4262

Practice Area  Education Law    Bar Admissions  California    

Court Admissions    U.S. District Court, Central and Southern Districts of  California 

Experience  Barbara J. Ginsberg is a partner in the Cerritos and Irvine offices of Atkinson, Andelson, Loya, Ruud & Romo.  She represents school and community college districts in all aspects of labor and employment matters and  education  law.    She  serves  as  chief  negotiator  for  districts  in  collective  bargaining  with  certificated,  classified,  and  police/safety  units,  and  is  experienced  in  both  traditional  and  interest‐based  bargaining  methods.    In  addition,  Ms.  Ginsberg  has  more  than  20  years’  experience  investigating  charges  of  harassment and discrimination as well as uniform complaints.  She is a member of the firm’s Title IX and  Clery  Act  groups.    Other  areas  of  Ms.  Ginsberg’s  practice  include:  classified  and  certificated  employee  evaluation  and  discipline  (merit  and  non‐merit);  statutory  leaves; campus  police  and  safety  matters;  certificated  and  classified  reductions  in  force;  disability  accommodation  issues;  student  and  employee  privacy, search and seizure, and other constitutional issues; drafting board policies; hiring practices; PERB,  EEOC, DFEH, OCR, OAH, and personnel commission matters; and federal and state civil litigation.    Prior to joining AALRR in 2008, Ms. Ginsberg spent seven years as a legal advocate for public and private  employee  unions,  including  the  Association  of  Orange  County  Deputy  Sheriffs,  Riverside  Sheriffs  Association, Orange County Firefighters Association, Santa Ana Firefighters, and the San Bernardino Public  Employees Association; and eight years as an advocate for school and community college districts.  She also  served as Deputy City Attorney for the City of Victorville.  Education  Ms.  Ginsberg  earned  her  Bachelor’s  degree  from  the  University  of  California,  Irvine  and  her  Juris  Doctor  from  Thomas  Jefferson  School  of  Law.    Ms.  Ginsberg  also  attended  the  United  States  Naval  Academy  in  Annapolis, Maryland.  Admissions  1995, State of California  United States District Court, Central District and Southern District 

Cerritos | Fresno | Irvine | Pasadena | Pleasanton | Riverside | Sacramento | San Diego

Memberships  State Bar of California   California Bar Association, Labor & Employment Law Section   Labor & Employment Relations Research Association, Orange County Chapter  California Council of School Attorneys  Cerritos College Foundation     Speaking Engagements  Ms. Ginsberg is a popular and highly requested speaker and regularly provides training throughout the  nation on a variety of subjects of interest to governing boards, management teams, administrators,  supervisors, and staff.  In addition to addressing subjects that impact the workplace, the educational  setting, and collective bargaining, Ms. Ginsberg provides training on the FRISK model for preparing effective  documentation regarding employee substandard performance or conduct; conducting investigations in the  educational environment; conflict resolution; Brown Act compliance, and state‐mandated sexual  harassment training.  She regularly lectures at conferences for local, statewide, and national organizations  such as AASPA, ACCCA, ACSA, ACHRO, CABE, CALSA, CCLC, CSBA, NSBA, and WACUBO.  She is also a regular  instructor at various personnel and administrator academies throughout the state.  

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From Supervisor to Leader - 8/1/16 WACUBO BMI Higher Ed Mgmt Institute

From Supervisor to Leader: Responsibilities, Effective Communication, and Conflict Resolution WACUBO - BMI Higher Ed Management Institute August 1, 2016 10:15 a.m. – Noon

Presented By: Barbara J. Ginsberg, Esq. Partner, AALRR © Copyright 2016 Cerritos • Fresno • Irvine • Riverside • Pleasanton • Sacramento • San Diego

AGENDA LEADERSHIP

• Supervision vs. Leadership • Basic leadership responsibilities

EFFECTIVE COMMUNICATION

• Essential communication skills • Tips for better communication

DEALING WITH CONFLICT

• Types of conflict and obligation to act • Diffusing conflict • Do’s and Don’ts • Prevention 1

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From Supervisor to Leader - 8/1/16 WACUBO BMI Higher Ed Mgmt Institute

Definitions Supervisor

Leader

Noun. A person who manages or supervises. A person who is in charge of a department or unit. A person who makes decisions, exercises authority, dominates.

Noun. A person that leads. A guiding or directing head. One who has influence.

Supervise

Lead

Verb. To take charge and have direction over others. To direct or oversee the performance or operation of work. To maintain order.

Verb. To show the way. To guide the behavior of others. To play a principal role in guiding.

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RESPONSIBILITY

OPPORTUNITY

ACTION

LEADERSHIP

LEADERSHIP IS MORE THAN JUST MANAGEMENT

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From Supervisor to Leader - 8/1/16 WACUBO BMI Higher Ed Mgmt Institute

CONNECT

INSPIRE

COACH

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Things you must be able to do in your role as leader/supervisor: Help people make changes Develop and build a team Delegate tasks Set goals and expectations Get results/Get tasks done Coach team members Inspire people to action/Be the person people want to follow

Communicate Hold people accountable Manage/Resolve conflicts Ability to have difficult conversations 5

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From Supervisor to Leader - 8/1/16 WACUBO BMI Higher Ed Mgmt Institute

Delegation

Insert Image Here & Crop to Fit

• You can’t do everything yourself, so you must delegate • But delegate tasks in such a way that your team members feel “empowered” by your delegation rather than “talked at”

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Setting Goals and Expectations • Have reasonable, specific, positive expectations for employees • Collaboratively set both individual and team goals • Focus on why the expectation exists to give understanding as to what the employee is working toward; REITERATE • Don’t expect failure — whatever you expect is what you are likely to get – and don’t set up employees for failure • Reward and recognize accomplishment of expectations 7

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From Supervisor to Leader - 8/1/16 WACUBO BMI Higher Ed Mgmt Institute

Providing Clear Communication • Manager must communicate important business information to the employee • Manager must communicate honestly with employees • Employees must communicate honestly and clearly with each other • May need to provide a FORUM for honest communication • Provide clear, effective, honest feedback/feedforward & check for understanding • Check what support is needed from you 8

Communication Basics COMMUNICATION UP (Talk with your boss) • Determine your bosses’ expectations

• Talk about your role and how it fits into the larger scheme of the College/University

• Understand what your bosses’ description is of success

• Talk about your expectations

• Understand what your role is • Put things in writing when necessary to achieve clarity • Build a schedule for ongoing conversations

• Define success and set goals • Ask them their expectations of you • Ask for their help and patience COMMUNICATION DOWN (Talk with your team)

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From Supervisor to Leader - 8/1/16 WACUBO BMI Higher Ed Mgmt Institute

Communication Basics SELF-COMMUNICATION COMMUNICATION ACROSS

(Talk with yourself)

(Talk with your peers) • You owe your first loyalty to the institution-wide leadership team • Determine where your spoke of the wheel fits into the big picture • Obtain support • Obtain operational knowledge

• Determine and list your strengths in writing and refer to them often • Give yourself clarity in what you want to accomplish • Understand the limits of your sphere of influence • Build a plan of action to improve yourself and those you lead 10

EFFECTIVE COMMUNICATION

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From Supervisor to Leader - 8/1/16 WACUBO BMI Higher Ed Mgmt Institute

Essential Communication Skills 1 Listening

2 Body Language

3 Assertiveness

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Essential Communication Skills 1 Listening “The most basic of all human needs is the need to understand and to be understood. The best way to understand people is to listen to them.” ~ Ralph Nichols

Factors affecting listening: Capacity to listen Willingness to listen Listening habits

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From Supervisor to Leader - 8/1/16 WACUBO BMI Higher Ed Mgmt Institute

Essential Communication Skills 2 Body Language Reveals feelings, emotions, attitudes and thoughts Your movements, postures, facial expressions tell others how available your are to interact and how interested you are in what they have to say Nothing crossed (implies openness and honesty Leaning forward – demonstrates interest Maintaining eye contact – builds trust

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Use Body Language Effectively To Diffuse Anger in Others: •Model the behavior you want them to exhibit •Sit down •Lean forward •Maintain an open stance •Speak softly and slowly •Make eye contact, but avoid staring/glaring

Do Not Appear Threatening: •Avoid personal space •Avoid pointing •Maintain a confident body stance

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From Supervisor to Leader - 8/1/16 WACUBO BMI Higher Ed Mgmt Institute

Essential Communication Skills 3 Assertiveness Honest expression of your viewpoint while respecting the other person [ask what others need, state what you need] Frequently confused with aggressiveness This is what I think This is what I feel This is how I see the situation Be assertive with people who: manipulate, blame, interrupt, use sarcasm, make excuses, pout, yell, criticize, play one-upmanship, complain, argue, give you the cold shoulder 16

Tips for Better Communication Speak with people not at people. Converse. Invite input. Speak with people in the way they want to be spoken to so they can process what you are saying. Establish a direction – begin with the end in mind Demonstrate unqualified respect. Speak about what you want, not what you don’t want. Be flexible Show people what’s in it for them so they become more invested in what you are requesting of them Actively listen and show you care Commit to a solution 17

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From Supervisor to Leader - 8/1/16 WACUBO BMI Higher Ed Mgmt Institute

Communicate Effectively Focus on the business interest of the communication Give everyone the same respect and consideration every time Make a powerful first impression & play up your strengths Avoid words that undermine credibility Learn to say “no” politely Learn how to behave appropriately in variety of situations Set a high personal standard and maintain it 18

ELECTRONIC COMMUNICATIONS • What you say (word choice) • How you say it (tone/body language) • When you say it (timing) • Your own understanding (asking for clarification/listening) Consider the message you are trying to communicate and whether electronic communication is the best forum

TAKE EXTRA CARE!!! 19

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From Supervisor to Leader - 8/1/16 WACUBO BMI Higher Ed Mgmt Institute

Manage/Resolve Conflicts • Focus on behaviors/performance that impact the ability of employees to get the business of the institution done • Be prompt in managing conflict • Be consistent in providing consequences

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• Bullying

CONFLICT between employees

• Peer Conflict • Obstructionism • Overt Aggression

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From Supervisor to Leader - 8/1/16 WACUBO BMI Higher Ed Mgmt Institute

Common Catalysts General harassment, whether sexual or some other form Favoritism of one employee over another Demotions and/or layoffs Critical performance evaluations and/or disciplinary action Rejection of a idea/project in which employee has a big emotional investment Insensitivity by supervisors Criticisms of employees in front of staff or others Depersonalized workplace environment Unfair or later performance appraisals or criticism Lack of resources for the employee to meet his/her objectives Office romances 22

Common Catalysts Inadequate training Lack of teamwork Withdrawal of earned benefits Betrayal of trust Unreasonable demands on employees Failure to keep promises Lack of flexibility Poor communication Feedback that is wholly or primarily negative in tone Absentee leadership, including failure to discipline Micromanagerial environment with limited staff decision-making opportunities 23

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From Supervisor to Leader - 8/1/16 WACUBO BMI Higher Ed Mgmt Institute

Failure to Act

FAILURE TO ACT MAY HAVE NEGATIVE RESULTS

• Breach of legal duty to ensure health, safety & welfare • Charges of unlawful discrimination • Charges of constructive discharge • Poor morale and poor productivity • Higher absenteeism and turnover • Damage to institution reputation & difficulty attracting new staff 24

Handling Conflict Between Employees

You can’t necessarily change mindsets and attitudes, but you can and must manage behaviors

To get to the source of the conflict, don’t ask “who,” rather ask “what” and “why”

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From Supervisor to Leader - 8/1/16 WACUBO BMI Higher Ed Mgmt Institute

Diffusing Workplace Conflict Where Conflict Exists But Perhaps Does Not Constitute Policy Violation • Attempt to mediate the conflict • Identify root cause for problem and analyze opportunity for improvement • Don’t allow discussions to bog down in tangents or name-calling • Help each employee understand the perspective of the other employee • Explicitly state the institution’s expectations for behavior & performance & issue action plan & follow through 26

Keys to Successfully Mediating the Conflict 1 Address conflict early. 2 Meet with the antagonists separately and determine the business problem. 3 Meet with the antagonists together in a neutral space.

4 During the meeting have each party describe specific actions they would like to see the other party take that would resolve the differences.

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From Supervisor to Leader - 8/1/16 WACUBO BMI Higher Ed Mgmt Institute

Keys to Successfully Mediating the Conflict 5 Try and allow the parties to talk through their own solution. Focus on both give and take. Get past blame. 6 Secure commitment to change from each party. Acknowledge all commitments to change, no matter how small. 7 Work out the final deal, put it in writing and set a time to review progress. 8 Follow up with the parties to ensure the agreement is working, and don’t let third parties continue to fuel the problem. 28

Plan must: • Identify the conflict WALK AWAY WITH A WORKABLE ACTION PLAN

• Identify the people involved • Identify the actions each person must take to reduce the conflict • Identify what the expected results are

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From Supervisor to Leader - 8/1/16 WACUBO BMI Higher Ed Mgmt Institute

DON’Ts Don’t avoid the conflict, hoping it will go away

Don’t forget about all the other employees who are affected

Don’t presume that just because you have worked out a deal that issue is over Don’t give the appearance that you favor one side over the other

Don’t focus on personalities and feelings, focus on the business tasks

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Diffusing Workplace Conflict & Aggression Where Employee Behavior Rises to the Level of Policy Violation • Be sure you have all the facts before charging the employee with discipline • Swiftly apply discipline • Document and address the behavior in the employee’s performance evaluation and follow through • Send the message that administration gives full support to victims of workplace aggression and bullying • Refer employee to an EAP 31

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From Supervisor to Leader - 8/1/16 WACUBO BMI Higher Ed Mgmt Institute

Consider Appropriate Disciplinary Action Oral reprimand Written Reprimand

General Types of Discipline

Suspension Demotion/Reassignment Dismissal

Special Considerations

Notice of Unprofessional Conduct for Academic Employees (if required by statute) Follow Collective Bargaining Provisions Which May Require Progressive Discipline Follow Civil Service Rules or Other institutional Policies and Procedures 32

Policies, Etc. INSTITUTION POLICIES

OTHER SOURCES

• Board Policies and Administrative Procedures re:

• Collective Bargaining Agreement

• Code of Ethics • Nondiscrimination

• Personnel Handbook • Education Code

• Prohibition of Harassment and Retaliation • Handling Complaints of Unlawful Discrimination, Harassment & Retaliation • Workplace Violence and Safety

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From Supervisor to Leader - 8/1/16 WACUBO BMI Higher Ed Mgmt Institute

Prevention Model Good Behavior & LEAD

“Take the Pulse” of the Work Environment • Regularly monitor workplace culture • Seek regular input to invest employees in their work environment & empower them

• Employees will look to you for signals as to appropriate behavior, so model it! • Treat employees with courtesy and respect & expect them to use it too

• Encourage team interaction for problem-solving, goal setting, and accountability

• Exude confidence and address employees in a reasonable, calm, and controlled manner

• Don’t shrug off conflict or chalk it up to “personality conflicts”; respond swiftly

• COMMUNICATE! Be honest and always back up your statements with specifics

• Know your employees

• Be a good listener; be empathetic

• Motivate with recognition and praise

• Be accountable and trustworthy • INSPIRE 34

Question Answer Session 35

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From Supervisor to Leader - 8/1/16 WACUBO BMI Higher Ed Mgmt Institute

Thank You For questions or comments, please contact: Barbara J. Ginsberg (562) 653-3847 [email protected]

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How to Lose a Great Employee in 10 Ways By Paul Morris, AlixPartners LLP

October 20, 2014

If you’re a good (or even just halfway decent) manager or leader then you probably already know most of this, but it is worthwhile to remind ourselves of them now and again. 1. Be dishonest. Yes, #1 on the list is dishonesty. I don’t need a scientific study or a survey to tell me this so you will not see one cited by me, though I suspect it is out there somewhere. Integrity matters. Most good employees – and all great ones – have integrity. So, lying to them, to their coworkers, or to customers / suppliers is sure to turn them off. Over-billing a client, ripping off a supplier, bending the rules, cooking the books, and even just “little white lies” are all sure to catch the private ire of those employees who can best help you and your organization succeed. Don’t think they don’t notice; they DO. 2. Don’t say “Thank you.” It’s a small thing, but it really does make a difference. Even small gestures of appreciation, complements on good work, acknowledging that someone stayed late / came in early / went the extra mile help keep talented people motivated and engaged. A small gift card, permission to leave early for the day or work from home the day before a holiday (if work is getting completed), a kind word, an email, all of these things cost very little but go a long way. I suggest making a point of doing them. People care if someone notices when they are doing a good job. I occasionally cook a special hot lunch, personally, for my team when the team has achieved something significant or completed an important project; other folks around the office are jealous and my team seems to love it. They have even started asking what they will get for lunch when they finish an important team goal. (My team: If you read this, feel free to comment on this point especially.) 3. Forget the values that made your organization a success. I’ve been part of organizations that truly lived their core values (and even years later can recite them by heart, because they were so prominent). We all knew what they were.We all agreed they were important, or at least accepted them as such. The leadership talked about them, and everything we did as a company HAD to align to them. I left an organization once after it forgot its values and stopped talking about them because it wasn’t long before the entity had lost its way. I have also been in companies that barely even mention their values – and really, what that says is, “Our core value is to make more money for our owners, whatever it takes.” Not exactly compelling, but that’s what is being conveyed.If that’s what you’re really all about, you may as well admit it, there is nothing wrong with making money. When I build a team, I am very explicit about my expectations and the team culture, and then we review the key elements of that together from time to time. 4. Don’t take time to listen (to their concerns). Good people almost always actually want what is best for the organization. They may have differing opinions on what that is, but they can be passionate, even fiery about it.If you’re dismissive of their concerns, when raised, you’re headed down the road to losing top performing people. Even if you can’t change a policy or a decision, you may be able to adjust how it is implemented to optimize the situation based on the concerns that your talented people raise. Just what kind of weak, arrogant, incompetent, narcissistic leader doesn’t want to hear this, anyhow?

5. Ignore their personal and professional development. Note that there are two dimensions to this – professional development (technical skills, industry knowledge, expertise, professional certifications, formal training, etc.) and personal development. I would include leadership skills, street-smarts, maturity, self-awareness, EQ, general health and well being all as part of this.Leaders only follow stronger leaders, so if you want to keep current or future leaders, be sure you are mentoring them. Let them learn from your own life experience; telling good stories from your experience can be a great way to do this. Help them become better professionals – and better people. They will appreciate this beyond measure. Additionally, don’t delude yourself into thinking that their career growth is their problem. It isn’t; it is your problem so make a point of investing in it and top notch people will likely repay you for this with good work. 6. Don’t be selective who you hire in the first place. We all know that hiring people who really fit and are highly talented is tough. We know that the repercussions of a bad hire are awful for everyone. Make sure people really will fit into your organization. I have found that the recruiting process is often commensurate with the organization and role. The better (and more prestigious) the entity and higher profile the role, the tougher the recruiting process often seems – and it should be. Let’s face it, a half hour “get to know you”, or even an hour isn’t really enough to get to know a prospective employee well enough to make a truly informed decision. I am privileged to be part of a company that does a very thorough job of screening people before they get in the door, and it shows. Talented people often don’t mind a tough (within reason) selection process because they are usually competitive people who thrive on challenge. Invest the time needed to really explore what makes a person tick before you hire them. Oh, and by the way, talented people want to be around other talented people. 7. Micromanage. Do I really need to go here? Yes, unfortunately. Though we all know better than this, don’t we? Sadly, I’ve seen way too much of it. It’s not just classical micromanagement either. I’ve seen truly exceptional people who excelled in their role end up with their jobs “dumbed-down” to cater to the lowest common denominator, and to the point they were no longer challenged or motivated. Needless to say, it wasn’t long before they were looking for an opportunity somewhere else. 8. Set the bar low. Great people will get discouraged and either leave or adapt to mediocrity if that is what they perceive is deemed acceptable. I’ve seen mediocrity accepted, rewarded, applauded, and even promoted! The impact of this on team morale (and on the highest performing team members) was palpable. Set the bar high and then become a cheerleader – even if people don’t make it over the high bar, point out how high the bar was set and how high people did get, and celebrate the success they did have at the right level. They may just make it over that high bar the next time. 9. Be cold and uncaring (to them and to their coworkers). People are human. Why do we seem to forget this so often? They have personal struggles, ambitions, families, crises, etc. One of my favorite bosses from the past was a gentleman who knew my wife’s name, my son’s name, my dog’s name, and more. I met both of his kids and I had met his wife before started working for him (they took my family out for dinner and I still remember the place). He didn’t go beyond appropriate boundaries, but I really knew he cared about me as an employee and as a person (note #5, above).He was personable and when I needed a friend, a true mentor, someone I could go to with a problem, a “dad” type figure. I knew I could talk to him and

he’d help me out however he could. He got a lot of loyalty from me in return. I should also point out that talented people watch how you treat other people, not just themselves, and they take note of it. 10. The “usual” things (under-pay them, intrude into their personal lives, harassment, etc.) Yes, the “usual” things will usually get a good person out of your organization as fast as they can possibly find an opportunity elsewhere. Incredibly, I’ve seen organizations under-pay very good people. One executive even said to me, in private, “Well, just what are they going to do? Leave? They have no place to go. The (job) market is poor.” This was his way of rationalizing, those many years ago, reduced bonuses for a group of people who really had earned them - and who were contractually entitled. This was disappointing to say the least, and I lost a lot of sleep over it at the time, even though my own bonus was good that year. Plus, it wasn’t long before people actually did have someplace else to go, and go they did.