After 25 years of litigating labor and employment law disputes, Jathan shifted from "firefighting" to "fire prevention." He’s passionate about extracting lessons from what goes wrong in workplaces relationships in order to improve performance, engagement, retention and accountability.
Jathan gives presentations, workshops and webcasts, as well as providing coaching and consulting. His programs include:
“The 8 Deadly Sins of Mismanagement & 8 Leadership Virtues”
People who manage and lead others often trust a natural, intuitive and seemingly self-protective instinct – which is wrong! This program shows how to convert this instinct (which is to avoid confrontation) into a trigger to do the opposite, thereby improving your effectiveness at leading others, while at the same time reducing your stress and increasing your sense of satisfaction.
Acquire specific communication tools that will improve your effectiveness as a manager and as a leader.
“The Star Profile”
Star Profiles capture the heart of successful supervisor – employee relationships in as few as two sentences. They cut through the clutter to promote positive, productive and collaborative relationships.
Learn how to create Star Profiles for employees in your organization and why they will improve hiring, retention, promotion, succession planning and performance management.
“Jerks at Work & Speed Limit 55”
Every organization can create a work environment centered on dignity, respect and professionalism, one that prevents harassment while improving morale and performance. Adopting “Speed Limit 55” will not only prevent claims, it will create conditions where all employees feel safe, secure, respected and valued, and hence able to contribute the best of their abilities to your organization’s success.
Acquire a set of tools, steps, and sample policy language that will avoid the three workplace surprises and create a jerk-free zone in your workplace.
“Neither Fight Nor Flight – Constructive Conflict Resolution”
Growth is often dependent upon conflict. Yet conflict can quickly become destructive and cause lasting damage. This program shows how to handle disagreement in ways that promote trust, understanding and constructive resolution of differences. Subjects include effective listening skills, confronting the “elephant in the room,” developing greater self-awareness, mediating conflicts of others, the difference between a healing and a “but” apology, and responding to verbal attacks with “Aikido” versus “Karate.”
Learn how to turn disagreement and conflict away from destructiveness and toward interpersonal and organizational growth.
“Conducting Workplace Investigations - A 9-Point Checklist”
Checklist methodologies have been developed to prevent airplane crashes, surgical mistakes and other missteps with severe consequences. This program covers the 9 critical points that distinguish safe, effective investigations from ones that make things worse. Topics include preparing the investigation, effective interview techniques, proper documentation, confidentiality, retaliation prevention, making and presenting findings and conclusions, and dealing with post-investigation complications.
Before refocusing his practice on training, coaching, and consulting, Jathan litigated workplace disputes. Before moving to Portland, Oregon, he established his own employment law boutique firm in Salt Lake City, Utah.
Representative experiences include:
- Serving as a faculty member of ongoing company educational programs, including Portland General Electric and 1-800 CONTACTS, Inc.
- Coaching and consulting with executives and managers on management, communication, leadership and problem-solving.
- Training and coaching for HR professionals on working effectively with management to prevent claims and improve employee engagement.
- Teaching, advising, and conducting workplace investigations.
- Providing anti-harassment training and coaching designed to create environments based on dignity, respect, and professionalism.
Education and Honors
J.D., University of Chicago, 1982
B.A., with honors, Indiana University, 1979
- Phi Beta Kappa
- Gold Medal winner, Independent Publisher Book Awards, Book Expo America May, 2009 - The Star Profile: A Management Tool to Unleash Employee Potential, (Davies-Black Publishing 2008)
- Library Journal recommended selection: Managing to Stay Out of Court: How to Avoid the 8 Deadly Sins of Mismanagement (SHRM and Berrett-Koehler Publishers 2005) - “an extraordinarily useful book that will benefit managers and workers.”
- Employment Lawyer of the Year, Utah State Bar (2005)
- Citizen Lawyer of the Year, J. Reuben Clark Law Society, Salt Lake Chapter (2006)
- Chambers USA: America’s Leading Lawyers for Business, (since 2002, Utah then Oregon)
- Best Lawyers in America (since 2003, Utah then Oregon)
- Mountain States Super Lawyers (2007)
- SHRM, Preferred Speaker List
- Martindale-Hubbell AV Rating
- Legal 500: Labor and Employment - Workplace and Employment Counseling
- National Speakers Association (NSA) (professional member)
- American Society of Training & Development (ASTD)
- Society for Human Resource Management (SHRM)
- Editor, Oregon HR Specialist
- Management Labor & Employment Roundtable (MLER)
- Frequent columnist for HR Magazine
- Editor, SHRM Labor & Employment Law Book Series
- Associated General Contractors Annual Construction HR and Learning Professionals Conference - "HR, T & D...and the CEO" - Chicago - October 15, 2013
- Ohio HR Annual Conference - "Workplace Investigations - The 9-Part Checklist" - Sandusky - September 19, 2013
- John Deere Conference - "Employee Engagement" - Atlanta - September 17, 2013
- LGPI Annual Conference - "Moving Employees Up the Engagement Ladder: From 'Transactional' to 'Fully Engaged' in 5 Steps" - Salem - August 21, 2013
- Portland General Electric - "The 8 Leadership Virtues & The 8 Deadly Sins of Mismanagement" - Wilsonville - July 30, 2013
- 1-800-CONTACTS, Inc. - "The 8 Leadership Virtues & The 8 Deadly Sins of Mismanagement" - Draper - June 28, 2013
- Zions Bank - "HR Employee Relations Summit" - Salt Lake City - June 25, 2013 - June 27, 2013
- SHRM Annual Conference - "The Performance Review - Make It Work for the Employer, Not the Lawyer" - Chicago - June 18, 2013
- Association of Oregon Counties Annual Conference - "Move Up The Employee Engagement Ladder in 5 Steps" - SunRiver - June 10, 2013
- 2013 Gulf Coast Symposium on Human Resource Issues - "Jerks at Work - Creating a Jerk-Free Zone" - Houston - May 15, 2013
- Ogletree Deakins Workplace Strategies - "Make The Performance Review Work For Employer Not Lawyer" - New Orleans - May 11, 2013
- Ogletree Deakins Workplace Strategies - "Move Up The Employee Engagement Ladder in 5 Steps" - New Orleans - May 8, 2013
- Reser's Fine Foods - "Workplace Investigations - The 9-Part Checklist" - Beaverton - May 7, 2013
- Zions Bank - "HR Employee Relations Summit" - Salt Lake City - April 30, 2013 - May 2, 2013
- Constructors Association of Western Pennsylvania webinar - "Jerks at Work in the Construction Industry" - April 24, 2013
In The News
- May 16, 2013 - - "Permission to Speak Freely to the Boss"
- June 6, 2012 - - "Sarcastic E-mails Are The Stupidest"
- June 13, 2013 - Ogletree Deakins Blog Post - "How to Prevent Workplace Bullying: An Interview with Dennis A. Davis, Ph.D."
- May 30, 2013 - Ogletree Deakins Blog Post - "How to Improve Employee Engagement: An Interview with David Rittof, President & CEO, Modern Management, Inc."
- May 15, 2013 - Ogletree Deakins Blog Post - "Interview With Employee Retention Expert Dick Finnegan"
- May 1, 2013 - Ogletree Deakins Blog Post - "Compliance Cop to Compliance Coach"
- March 2013 - SHRM - "Resolving Conflict: Fight, Flight or Aikido?"
- November 26, 2012 - Ogletree Deakins Blog Post - "Travelogue Part One: “Transactional” Hotel Service"
- July 2012 - HR Magazine - "Like Manager Like Employee"
- May 1, 2012 - HR Magazine - "The Perils Of Multistate Employment"
- April 2012 - HR Magazine - "To Learn the Business, Start in the Trenches"
- October 2011 - HR Magazine - "Economic Analysis of the Law"
- August 2011 - HR Magazine - "Become a Compliance Coach"
- June 2011 - HR Magazine - "The Performance Review - Good For Anything?"
- July 2010 - HR Magazine - "Before You Switch Horses"
- July 2009 - HR Magazine - "A Story Is Worth A Thousand Lectures"
- May 2009 - SHRM website - "Downsize with Dignity"