At 6:45 a.m. on August 24, 2015, one of the most horrific and outrageous acts of violence in the history of the American workplace occurred.
That morning, 24-year-old WDBJ7-TV news reporter Alison Parker, and 27-year-old videographer Adam Ward, were at their particular work location in a tranquil setting near Bridgewater Plaza in Moneta, Virginia.
Parker was conducting a live on-air interview of Vicki Gardner, an executive with a local chamber of commerce, while Ward filmed them. As the three professionals went about their business at hand, a fourth figure on a deadly mission went about his.
Forty-one-year-old Vester Lee Flanagan II, who had been involuntarily terminated from his position as a television reporter with WBDJ7 in 2013, walked up behind Ward and pointed his semiautomatic glock handgun at Parker. Thereafter, some 15 shots rang out.
The ensuing carnage that left Parker and Ward dead and Gardner seriously injured was captured on live television via the camera that Ward was holding before he perished. The evidence suggests that the gunman lay in wait behind Ward's back for a period of time before he began shooting.
The massacre was also filmed from the killer's vantage point and later that day horrific images and messages were uploaded on Flanagan's social media accounts. A twitter account attributed to "Bryce Williams" — the pseudonym used by Flanagan when he worked for WDBJ7 and which included a photo of him at what appears to be a news desk — relayed a chilling message.
Additionally, before committing suicide, Flanagan purportedly faxed a 23-page manifesto to ABC News, which read in pertinent part the following:
"…my anger has been building steadily…I've been a human powder keg for a while…just waiting to go BOOM!!!!" (Original emphasis).
In this image made from video and provided by WDBJ-TV7 news, Kimberly McBroom, the station's morning anchor in Roanoke, Va., reacts to a live broadcast during which reporter Alison Parker and cameraman Adam Ward were fatally shot, Wednesday, Aug. 26, 2015. McBroom tried to reassure viewers immediately after the attack, carried out by Vester Lee Flanagan II, a former WDBJ-TV reporter known to viewers by his on-air name Bryce Williams. (WDBJ-TV7 news via AP)
Why the tragedy in Moneta was workplace violence
Had these horrible events occurred in a factory or office building, it would have immediately and widely been recognized as workplace violence. Although the tragedy happened out in the open alongside lovely shrubbery and a peaceful lake far from the physical offices that housed WDBJ7, this does not diminish the fact that it was workplace violence.
The attacks were orchestrated by one troubled former employee of an organization against two then-current employees of the same enterprise in addition to a third party — Gardner, the subject of the WDBJ7 news piece.
There can be no question that Parker and Ward were at work when they were brutally and savagely attacked. At the time of their murders, these two young professionals were actively engaged in tasks that they had been hired to do for the benefit of their employer. Consequently, the location of the shooting was the place where Parker and Ward worked at 6:45 a.m. that morning.
A few years earlier, Flanagan was hired by the same employer to do some of the same job tasks that Parker was engaged in when she was ambushed, and the evidence suggests that on at least one occasion Ward worked with Flanagan.
After the shootings, a series of tweets on Flanagan's twitter account suggested that he held grudges against Parker and Ward, as well as WDBJ7:
How could such horrible events been foreseen?
Much has been written and said about Flanagan in the time since the shootings. However, there appear to be few clues that he would go off as he did that day. After all, how could anyone possibly predict any of the outrageous acts attributed to him on that fateful day?
(Photo: Senk/Shutterstock)
A disgruntled former employee with a history of problems
A disturbing portrait of Flanagan has surfaced that paints a picture of an individual with a history of problems, including during his relatively short tenure with WDBJ7. Unacceptable on-the-job conduct and performance had been noted almost from the start of the employment relationship that began in April 2012, when Flanagan was hired as a multimedia journalist for WDBJ7. Before he even completed his initial 90-day introductory period, there were already concerns.
It was noted within a couple months following his start date that Flanagan exhibited abusive verbal conduct and certain body language which made his co-workers feel "threatened and uncomfortable" on three occasions. Flanagan's "harsh language" and "aggressive gestures" had led to "a great deal of friction" with certain co-workers.
In July 2012, WDBJ7 issued a written warning to Flanagan threatening him with termination if immediate improvement in his conduct was not seen. Indeed, Flanagan's "anger" and failure to get along with others was apparently so problematic by then that he was ordered to get help through a third-party employee assistance program ("EAP").
Flanagan was said to have complied with the requirement that he attend EAP counseling for what was described as "behavioral" assistance at Health Advocate. Nonetheless, other concerns came to light in an August 2012 performance review.
Flanagan received an "unacceptable" ranking when he was evaluated on his ability to work with photographers, producers and assignment editors. Other issues pertinent to a "lack of thorough reporting, poor on-air performance" and "time management issues" were also observed.
In December 2012 Flanagan, who by then had received "a lot" of coaching, was informed that he'd reached a "plateau" which appeared to be unacceptable. A final written warning was issued to him that month.
Matters had not turned around in early 2013, and Flanagan's conduct and performance were the topic of several internal memorandums. Flanagan was considered to be "very confrontational" and "defensive." He was also said to have "created an uncomfortable situation" for one news anchor and was regarded as failing to properly accept authority.
On February 1, 2013, Flanagan's employment was terminated by WDBJ7, but he did not go quietly. After being informed of this decision, Flanagan stated, "I'm not leaving, you're going to have to call the f***ing police. … I'm going to make a stink and it's going to be in the headlines." He also threw a small wooden cross at the news director and stated, "You need this."
A WDBJ7 human resources official contacted 911 and the newsroom was cleared. Police escorted Flanagan from the workplace.
Adam Ward – one of the employees who was later killed on air by Flanagan — filmed these disruptive outbursts and Flanagan's removal by the authorities. Flanagan, who flipped off Ward's camera, told him to "lose your big gut."
WDBJ-TV7 anchor Chris Hurst, left, comforts meteorologist Leo Hirsbrunner during the early morning newscast at the station, in Roanoke, Va., Thursday, Aug. 27, 2015. Hurst was the fiance of Alison Parker, who was killed during a live broadcast Wednesday, in Moneta. (AP Photo/Steve Helber)
In May 2014, Flanagan filed a lawsuit alleging discrimination against WDBJ7 in Roanoke General District Court. He named "most of the WDBJ staff in his complaint." The court, however, dismissed Flanagan's case in July 2014.
But this was not Flanagan's first lawsuit alleging unlawful termination from a television news position after less than a year's length of service.
Court documents show Flanagan had been hired as a newscaster and anchor by WTWC-TV in Tallahassee, Florida, on March 16, 1999, but was later terminated. In February 2000, he filed a lawsuit against WTWC alleging unlawful termination, as well as discrimination and retaliation.
In its responsive pleading to the lawsuit, WTWC denied Flanagan's claims of wrongdoing. WTWC asserted that Flanagan was fired based in part on his misbehavior toward co-workers, his failure to respond to corrective performance recommendations, his refusal to follow directions and his use of profanity at work.
In short: Much of the same and/or similar conduct that Flanagan was accused of demonstrating when he was employed at WDBJ7. Indeed, the person who hired and subsequently fired Flanagan in Tallahassee stated the latter resulted from his "odd behavior."
Other sources reveal that Flanagan's apparent anger and inability to get along with others was seen at home as well.
The Telegraph reported that Flanagan who was "was fired from several jobs…because of problems with controlling his anger" frequently exhibited bouts of fury at his apartment complex. According to the Telegraph's sources, Flanagan "…would literally just throw cat s*** into (neighboring) balconies" and residents had filed a "long list" of complaints against him with the landlord.
Additionally, a July 2015 video of Flanagan engaged in what appears to have been an incident of road rage has surfaced.
(Photo: Photographee.eu/Shutterstock)
Behavioral-based interviewing: Using past behaviors to predict future conduct
Behavioral-based interviewing is predicated on the notion that an individual's past conduct provides a potential employer with a good indication as to how he or she might behave in the future if the employer hires that candidate.
Remember the saying, "A leopard won't change its spots?" Perhaps some can with a tremendous amount of management coaching and attention. Still, how likely is it that a person who has been a managerial nightmare for the last five employers will now suddenly convert into a stellar performer on employer number six's watch?
Not every applicant is violent but the right kind of interview questions combined with active listening skills can shed light on potential problems and determine if the candidate is a good match for the job and organization. It will be up to the hiring authorities to determine if it is worth the risk and effort to attempt to retrain a new employee who has been used to working in a certain unacceptable way for years and perhaps even decades.
One source reports that Flanagan "worked briefly at several television stations before being hired by" WDBJ7 including "stations in San Francisco; Tallahassee, Florida; Greenville, North Carolina; Midland, Texas; and Savannah, Georgia," as well as for NDG Interactive, a communications and design firm in Sacramento, California before being hired by WDBJ7."
Jeffrey Marks, WDBJ7's general manager, indicated that the station received "positive reviews" when Flanagan's references were contacted. Marks also noted, "It's very hard to get a negative reference these days. Most companies have policies that forbid their people from giving references. And so what you get a lot of is name, rank and serial number…"
Behavioral-based interviewing is a powerful tool that should be employed during every interview as it can provide additional insight into the applicant directly from the applicant.
There are a myriad of benefits to employers who take advantage of this tool. When utilized properly, this method of evaluating candidates can help an employer avoid costly mis-hires, prevent disruption in the workplace and more.
(Photo: Thinkstock)
About behavioral-based interviewing
Hiring the appropriate job candidate for the position opening requires the use of decisive interviewing tactics that are intended to uncover the candidate's true skills, knowledge, abilities, behaviors and personality…not necessarily the ones they want you to see.
Forget the tired old "why should I hire you" standard questions that will elicit a canned response intended to make the candidate appear in the best light possible. Behavioral questions require a candidate to relate past real life situations and demonstrate how their strengths and weaknesses are manifested on the job.
For example, rather than asking customer-service job candidates about their "people skills," ask them to explain a recent problem or situation they experienced with a difficult customer and how they handled it. The real-life answer is better because it provides actual insight into how the candidates applied their skills while also painting a picture of how he or she might apply them in future.
Additionally, behavioral based interviewing questions tend to be appropriate questions to ask from an employment law perspective, as they focus on behavior related to the job and not illegal classes (such as race, color, gender, religion, age or disability).
(Photo: Pressmaster/Shutterstock)
Case study
You are interviewing a candidate named Phil Douglas for a supervisory position opening within your company.
Mr. Douglas makes an excellent first impression. He is both polished and professional. You ask him to describe his skills, knowledge, and experience.
Mr. Douglas does so quite satisfactorily and then proceeds to list his numerous accomplishments. Afterwards, he reaches into his briefcase, and pulls out a stack of certificates, commendations, and letters of reference.
'Wow!!' You think to yourself, what an asset this candidate will make for my team. There's no need to continue going through the time and trouble of interviewing anyone else! I can now go back to the business of my business instead of conducting more interviews.
The following examples of traditional vs. behavioral-based questions will outline the differences between these two drastically different approaches to interviewing:
The Traditional Interview The Behavioral Interview
| Emphasis is on the resume.
| Emphasis is on gaining insight into who the candidate really is by the use of high-impact questions. |
| Predictable questions are asked.
| Intended to induce applicant to describe past real-world situations. |
| Predictable answers, designed to place the candidate in the best possible light, are given. | Probes for details that will provide insight into who the candidate really is. |
| Examples (Traditional Interview)
| Examples (Behavioral Interview)
|
(Photo: Thinkstock)
The role of active listening
Behavioral-based questions are not the only tool that should be employed in the selection process if the goal is to avoid hiring the wrong candidate. It is also highly recommended that the interviewer utilize active listening skills. That is, once the question is answered don't interrupt the interviewee and pay attention while he or she is talking. Listen intently to not only what the candidate is saying, but also take note of how he or she is saying it.
In this regard, observe the individual's non-verbal communication cues including body language. Take note of the tone and inflection of the candidate's voice. Communication is and can be ambiguous. If the response is unclear, ask a clarifying question.
Also consider the following:
- Do the person's non-verbal cues match what he or she is saying?
- What is the candidate's demeanor and is it appropriate for the situation?
- Is the candidate slouching, avoiding eye contact, or fidgeting a lot?
- Does the applicant appear to be overly animated, uncomfortable, scared, disinterested, or even angered by any of the questions you've asked?
- Is the candidate exhibiting body language that does not match what he or she is saying?
Take note of these and other things the person is expressing. Don't ignore them. They are fundamentally important clues. They can relay significant insight into the individual's character, personality and even truthfulness in their responses.
In addition, take measures to ensure that the person has responded to the interview questions. If the person avoids responding to a question, ask it again and again until he or she does. It may be necessary to ask the question in a different way and pay attention to what is or isn't communicated both with words and body language.
In certain situations these questions will raise enough red flags that it might become abundantly clear a candidate who was previously regarded as a forerunner is simply not right for the job. On the other hand, after going through a behavioral-based interview the candidate may recognize the position is not right and might decide to withdraw his or her application.
As frustrating as it might be to go back and start from the beginning, this is a much better alternative than being slapped with a lawsuit or worse because the wrong person was hired.
(Photo: Eviled/Shutterstock)
Legal considerations
In an era where employed-based litigation is on the rise, what types of things should be avoided during interviews?
Attorney Matthew A. Green a partner with Obermayer Rebmann Maxwell & Hippel LLP, headquartered in Philadelphia, cautions against using any questions that directly or indirectly invokes an illegal response.
Examples include "those that would elicit a response that requires them to answer something about their age, sex, creed…pregnancy, plans to have children" and other inquires based on protected class status.
Instead, Green recommends that the focus be on "behavioral-based interviewing as well as questions focusing on the essential functions" of the position the applicant is applying for.
In certain situations, however, a candidate may volunteer information regarding his or protected class status.
Green gives an example where a job candidate might disclose that she is 52 years of age or so (and thus a protected class member pursuant to the federal Age Discrimination in Employment Act). She might then describe a work situation that occurred decades earlier when she was much younger in response to the pending behavioral-based question.
Should this happen, Green recommends that the interviewer disregard the portion of the response where the candidate revealed her age. In other words, the interviewer should make no notation of the candidate's age, and should "simply move on."
This way if the applicant is not hired and subsequently files a charge alleging age discrimination and as proof contends "that in my interview they asked me how old I was," the employer's documentation has no evidence of this claim and "can rebuff any (such) contention."
(Photo: Thinkstock)
The discrimination charge can be challenged by producing the employer's standardized written listing of questions along with an explanation such as, "here are the questions that we asked every single person we interviewed and therefore you see we…were not seeking information from this particular candidate…we didn't have any questions that were geared toward seeking information" regarding the candidate's age.
"That's powerful evidence," explains Green in the defense of such claims of discrimination and one of the reasons why he will ask for all documentation pertinent to the hiring process from the defendant/employer when asked to defend these cases.
Green also points out the importance of consistency in the interviewing process. He recommends that the employer have standardized questions focusing on the core skills, knowledge and experience required for the position rather than asking different questions of each applicant since this can create legal exposure.
Employers who lack these tools and wish to establish best practices in recruiting/selection can seek help through human resources professionals and attorneys specializing in employment law, Green states.
It is also recommended that employers maintain complete records on all candidates who apply for the position – even those who were not interviewed. Unsuccessful job applicants can and have challenged prospective employers in court and before administrative agencies on the basis of various "failure to hire" theories.
Attorney Alicia L. Laufer, the managing and founding partner of Laufer & Laufer, P.A. of Boca Raton, Florida, explains that the employer's records can be introduced into evidence in litigation even when the defense witness is no longer around.
This is the case in situations where the person who interviewed the plaintiff/former job candidate is long gone from the employer's workforce and is unavailable to appear in court to rebut the plaintiff's allegations of wrongdoing by the defendant.
Laufer points out that it is not unusual for cases to go to trial many years after the events at issue in the employment-based lawsuit have occurred. In some scenarios the defendant's witness may not even be in the jurisdiction and as such, "I may not be able to subpoena him or her to appear at trial," explains Laufer.
"But I can still bring the records into the case by invoking the business records exception" and showing that the records were kept as part of the employer's practices.
The length of time that these records should be maintained "depends on the statute of limitations" in a particular jurisdiction among other things, explains Laufer.
An employer who has questions regarding how long these interview records should be maintained is encouraged to consult with an attorney who specializes in employment law.
Kathleen M. Bonczyk, Esq., is a consultant, educator, licensed attorney and former human resources executive. She can be reached at bonczyklaw@gmail.com.
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