Communications and Organizational Management
 

How to Manage Toxic Employees So They Don’t Manage You

HR professionals in the legal industry have a delicate balance to strike when dealing with toxic employees. Here are five tips to help with managing toxic employees and related complaints.
By Kelly F. Zimmerman
September 2025
 

Chances are, you’ve worked with a toxic employee at some point in your career. You know the type: the colleague who dismisses others’ ideas, stirs up gossip or shifts blame to other employees when mistakes are made. Sometimes the toxic behavior is subtle and sometimes it’s blatant, but the effect is always the same: declines in morale and productivity, potential liability issues and often, a loss of talent.

If this situation sounds familiar, that’s probably because it is. A 2025 report by iHire on toxic workplace trends said three-quarters of employees have experienced a toxic workplace, and most employees aren’t afraid to move on from these types of environments. In fact, more than half of surveyed employees reported quitting a job because of a toxic workplace, the report said.  

No matter whether you’ve worked with an employee who demonstrated one or several toxic traits, one thing remains consistent: Toxic employees are bad for business. Left unchecked, they can derail teamwork, drive away talent and erode a company’s culture from the inside out.   

Keep reading for five tips on how to deal with toxic employees in the workplace.  

1. Know the Differences Between a Toxic Employee versus a Scapegoat  

Before you even start dealing with a toxic employee, it’s important to understand the characteristics of one. If you do a quick Google search, you’ll find handfuls of different blogs each touting their own definition, but in a nutshell, they all say the same thing: A toxic employee is someone who persistently acts in a way that hurts the company, their peers or even clients without having to take accountability for their actions.  

If you know what types of characteristics make up a toxic employee, you may also be able to identify the traits that don’t. It’s possible you may just have an employee who has been targeted as a scapegoat. Investigate whether you have a toxic employee on your hands, or instead, someone who is struggling in the workplace or with shortcomings in their training, says Lauren Howard, Chief Executive Officer of LBee Health, a mental health practice providing support services for those coping with or recovering from toxic work environments and burnout.

A toxic employee is someone who persistently acts in a way that hurts the company, their peers or even clients without having to take accountability for their actions.

It’s important, she says, to start by giving everyone the benefit of the doubt.  

“We could walk away with two totally different perceptions of that conversation we just had, and both of us are right,” Howard says. “Everybody shows up with a different brain and perception, and sometimes that means the information you’re given does not align with somebody else’s perception, but it doesn’t mean the other person is lying.”   

2. Document, Document, Document  

If you’re responsible for investigating a complaint about a potentially toxic employee, documenting every interaction with all parties is imperative. Kim Williams, spokesperson for End Workplace Abuse, an organization lobbying for workplace protection against bullying and abuse, recommends keeping two separate files: one for the employee under investigation and one for yourself. This is especially crucial if you are dealing with a protected employee who may be in a position of power or influence.  

“If you’re on the wrong side of a power imbalance, you still need to treat it with the same care of investigation,” Williams says. If this makes you nervous, know you aren’t alone. In fact, Williams says, it’s not uncommon to see HR employees being strongarmed into turning a blind eye. But there is a way to help protect yourself.  

Williams recommends using one file to document the investigation as it pertains to the employee and the other for yourself as the investigator. Documenting your own interactions with involved parties can help protect your credibility in case you ever face retaliation for doing your job.  

You will also want to make sure you document any remedies or training for the alleged toxic employee. Not only does this show an attempt to address the issue, but also it can help with identifying patterns if complaints are made again later.

Documenting your own interactions with involved parties can help protect your credibility in case you ever face retaliation for doing your job.

3. Enlist an Attorney  

Both Howard and Williams recommend bringing in counsel as early as possible. While legal counsel may be looking for ways to reduce potential liability to your firm or organization, they can also coach you on how to properly document and address certain situations that may be beyond your area of knowledge or expertise.  

4. Prioritize a Safe Environment  

It’s important to have proper reporting procedures and policies in place so employees can feel safe and protected if they have to report a bullying incident. There are also training and legal requirements that may come into play, depending on in which jurisdictions your firm operates, that can help employees identify problematic behavior. These are all important ways to help mitigate toxic workplace behaviors.  

At the same time, Howard says, companies still need to make sure these initiatives aren’t performative and that individual toxic employees are still dealt with appropriately. “If one person is making the workplace toxic, then you deal with that one person,” she says.  

5. Recognize the Signs  

If you have an employee on staff who others typically repel from professionally — maybe others are hesitant to work with this employee, or they feel they need backup during meetings with this person — then you may have a toxic employee on your hands.   

Consider asking yourself the following questions:  

  • Do you spend more time talking about the employee than their work?  
  • Is this employee preventing others from doing their own work?  
  • Is there fear of retaliation for reporting toxic behavior pertaining to the employee?  
  • Do other employees feel uncomfortable dealing with this person in one-on-one situations? 
  • Is the employee held accountable for inappropriate behavior?  
  • Is there consistency in the employee’s account of the issue under investigation?  

If you’ve answered yes to some of these questions, you may have to decide whether retaining this employee is what’s best for your firm.  

The Bottom Line

A toxic employee can’t exist without protection, Williams says. If an organization isn’t holding their employees accountable for their behavior and professionalism, then essentially, the organization is responsible for that behavior.   

“The top has to be where the accountability lives,” Williams says.

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