Tensions and Tenants

>>Q: A couple of my employees just can't stand each other, but they're both valuable to my business. What can I do to reduce the animosity and make sure it doesn't interfere with their work?

"Any time employees don't get along, they are not performing as they should. It does damage productivity," says Libby Anderson, president of EDA Human Resources, a human resources consulting and training firm in Naples.

The good news is that the most common conflicts, such as generational differences and personality conflicts, are the easiest to solve, she adds. Although most supervisors don't like to, they need to address the problem and follow a process to resolve the issues.

"First, the manager needs to look at the two people, identify the origin and not be judgmental," says Anderson. "Then they need to establish ground rules for discussion-specifically, not to make it personal, point fingers or interrupt."

Each employee should share his perspective of the situation.

"A common conflict is a baby boomer with a Generation Xer who comes in late. The discussion could include, 'When you report to work late it impacts my ability to do my reports,'" she says. People often don't realize the impact on others.

It is important to commit to a solution, Anderson explains.

"Behavior changes should be in the best interest of the other person. Hopefully there will be a resolution and no further discussion. But if it can't be resolved, the supervisor needs to let them know it could be grounds for disciplinary action, because they now bear the responsibility. One of the most important parts of ending the discussion is the point of agreement to keep the conversation confidential," says Anderson.

"Conflict can be good," she adds. "Ultimately, if you can work through them, it develops a much better understanding of team members."

Q: My landlord isn't maintaining my business facilities adequately. Short of moving, what can I do?

According to Mark Muller, a partner in the Naples office of Quarles & Brady law firm, the first thing to do is read your lease carefully. "If the lease tells you what to do, it will probably be very specific and you need to follow it like the Gospel," he says. If you make a mistake, you might be evicted.

The lease probably requires written notice that gives the landlord a certain amount of time to perform repairs.

"Even then, you usually don't have the right to withhold any rent," says Muller.

In fact, you might be responsible for repairs. Many leases put the burden of repair and maintenance on the tenant's shoulders-even as substantial as building code compliance. "If you're going to withhold rent because of something and it turns out to be your responsibility, you'll have major problems."

Florida law allows for remedy, he adds. "Unfortunately, that default procedure only applies if your lease doesn't tell you what to do, the landlord's repair obligation is clear, and your space is rendered 'wholly untenantable.' If the roof leaks but you can still run your business with a bucket on your desk, you can't use the statutory procedure. But if the roof came off the building, the statute probably applies," Muller notes. "Then and only then can you give your landlord a written notice that says two things: first, fix the problem within 20 days, and second, if you don't, I'll start withholding the rent after the 20 days is up. If the repairs aren't made within the 20 days, then you have the option to withhold rent or terminate the lease and move out."