Difficult Employees

Examples of poor performance? Habitual

lateness/absence Unfair & deceptive

tactics Insubordination Breaking policy Theft Endangering safety

of others

Misuse of co. time, $, equipment

Misuse of technology

Poor performance of duties

Wasting time Immoral, sexual

misconduct

Impact of Difficult Employees Wasted time by supervisors Reduced productivity Decreased job satisfaction

– Increases ee turnover– Higher stress & frustration

Customer loss Low morale

Oral Warnings Sit down discussion

– Used for less serious issues– Non-confrontational, non-accusatory– Target the behavior & not the person– Get their side of the story– Communicate limits & set consequences

– Make notes on the nature of the conversation, file it away

Written Warnings Sit down discussion

Written document– Target the behavior & not the person– State the facts– Communicate limits & set consequences

Have the ee sign it!– Place in personnel file– Paper trail started

Suspension Usually after oral & written warning

or serious infraction With pay

– If time for investigation is needed Without pay

– Known facts Specific time period Place documentation on ee file

Termination Final act in progressive dismissal or

an extreme policy violation– Drinking in co. vehicle– Assault

EE may choose to resign rather than be fired because of documentation in ee file– Still document ee was about to be fired

2 Types of Employees At Will employees

– You or your employer can terminate your job on a moment's notice for any reason - good, bad, indifferent -- or no reason at all

– Unless the termination violates federal or state law, company policies, or an implied contract…

2 Types of Employees At Will employees

– Unless the termination violates federal or state law, company policies, or an implied contract such as

Civil rights act– race, color, religion, sex, or national origin

Age discriminationADAWhistleblower

2 Types of Employees For Cause employees

– The employer cannot discharge the employee without a legitimate reason -hence the term for cause

– Examples of for cause employees…

2 Types of Employees For Cause employees

– Examples of for cause employeesImplied, oral or written contract saying job is

for cause

Union member part of collective bargaining agreement

Government employee under the protection of civil service laws

2 Types of Employees Which are you?

– See contract– Letter of hiring– Personnel policy manual

– Some at will jobs will be covered by a “for cause” policy

As a Supervisor - Protect Yourself Never too much documentation

– Protects during lawsuits– Oral & written warnings– Improvement plan– Log of behaviors– Training & development undertaken

Use a progressive discipline a policy

To fire an employee…pre-firing Consult with HR, attorney

Fire midweek & in the morning– Allows ee time to clean out desk & say

good bye– Sinks in before the weekend– Time to make contact with other

employers

To fire an employee…pre-firing Pick a good location to have

conversation– In the ee’s office so you can escape &

they don’t have to walk down the hall– Office with 2 exits– Neutral space with privacy

To fire an employee…pre-firing Have a witness present

– Lawyer, HR, peer

Have the ee’s final paycheck in hand to give them

To fire an employee…the firing Be direct in why the ee is terminated Do not say too much…5 minutes State the facts Answer questions honestly &

carefully Never let ee think the decision is up

for debate

To fire an employee…the firing Termination letter

– No emotional sentences“I’m sorry”“We enjoyed your time here”

– Detail the progressive discipline the ee went through

Discuss specific issues that were problems

To fire an employee…the firing Termination letter

– List effective termination date– Financial information

Severance packageFinal paycheckWhen health benefits end

– Signature of ee– Signed copy in the file

To fire an employee…post firing Allow them to clean their office or

offer to have it cleaned– Have a witness

Contact subordinate employees & peers– Do not discuss reasons for termination

To fire an employee…post firing Other issues

– Block computer accessBack up computer system if ee starts to

think they are being fired– Acquire passwords if needed– Return of company property

Phone, computer, keys, credit cards