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 employees
Implied, 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