Effectively Managing an Ineffective Employee: Performance & Conduct
Explore strategies for managing a poor performer, including identifying key signs, setting clear expectations, implementing progressive discipline, and upholding due process. Learn how to address performance and behavior issues, communicate effectively, and hold employees accountable while providing support for improvement.
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Effectively Managing an Ineffective Employee: Performance & Conduct BUMC Human Resources 2014 **Applies to non-represented staff employees only.
TERMINOLOGY Poor Performer Poor time management and priority-setting Lack of urgency Inflated perception of own importance and abilities Belief that everyone else is the problem Poor communication skills and difficulty following instructions Poor multi-tasking Lack of quality, quantity and speed of work Lack of requisite skills Lack initiative Consistent feeling of being overwhelmed Unnecessarily complicating matters Disconnect between their actual performance and how they think they are performing
TERMINOLOGY Don t Hire a poor performer Miss the telling signs during the initial period. Follow up on any issues immediately. Set up: Poorly defined expectations Unrealistic expectations Wait until the next performance review. Allow genuine concern for the employee to interfere with managing performance Have "off the record" talks Diagnose the employee's problem Discuss the employee's behavior or performance with anyone else except those with a need to know
TERMINOLOGY Terminology Progressive Discipline Concept Concept Progressive Discipline Means of communicating problem issues directly and in a timely fashion so that employees can involve themselves in the problem-solving process. Due Process Due Process We have an obligation to prove that we made reasonable efforts to rehabilitate those employees before reaching the ultimate decision to terminate.
TERMINOLOGY The Progression Each step is Ensures that the manager acts reasonably and consistently. used to add more Each step is well documented, including employee unwillingness or inability to address concerns about their job performance. attention and gravity to the situation. Employees are told about: The performance/behavioral issues What they need to do to fix the problem Given a reasonable amount of time in which to do so
DUE PROCESS Due Process The employee must understand expectations and consequences of failing to meet standards Structured, open two-way communication Specific, fact based, concise, transparent Training, resources, availability, coaching, commitment Holding employees accountable for improvement/burden on the employee to improve Consistency in application The corrective action must be appropriate for the offense Employee should be able to respond Allowing the employee a reasonable period of time to improve their performance
The goal is always rehabilitation!
WRONGFUL DISCHARGE Protection from Wrongful Discharge When challenged, there is need to show that we had no alternative but to separate an individual who refused to accept the University s invitations to improve his or her performance. Due Process Good Faith Fairness *Liable to the former employee for back pay, job reinstatement, and potentially punitive damages. In certain circumstances could be levied against the manager personally.*
AT-WILL EMPLOYMENT Defining At-Will Employment BU Employee Handbook: Nothing contained in this Employee Handbook alters the term (duration) of employment of any employee. Unless covered by a specific employment agreement in writing approved by the appropriate Dean, Vice President, or higher level University official, all employees of the University are at-will employees, without a specific guaranteed term of employment, whose employment may be terminated at any time with or without cause and with or without notice.
WRITTEN COMMUNICATION Documenting Poor Performance How to document poor performance appropriately: o Address problem issues immediately; document issues as they occur o Effectively communicate the issues to the employee o Implement a procedure where employees are notified within ten days whenever potentially negative information is added to the employee s personnel record o Avoid over-documentation o Be specific; stick to the facts and keep clear, professional notes o Also highlight, discuss, and document examples of acceptable or outstanding performance
VERBAL COMMUNICATION Verbal Counseling It s not just what you say, but how you say it! Be respectful Be compassionate Allow for honesty and openness Be specific about the performance/behavioral issues Be understanding of multicultural differences
TERMINATION FOR JUST CAUSE Termination for Just Cause Serious dereliction of duty Deception or coercion in obtaining employment Employee s conduct is in serious violation of University policy, or the employee has acted in a way that significantly endangers fellow employees Conduct justifying immediate termination includes but is not limited to: Theft Dishonesty Insubordination Discriminatory conduct towards others Harassment (sexual and otherwise)
PERFORMANCE CRITERIA Performance Criteria Specific, clear and understandable Measurable, verifiable and result-oriented Attainable, yet sufficiently challenging Relevant to the mission of the department Time-bound with a schedule and specific milestones
WARNING MEETINGS A Word on Warnings Consult with your HRC (even for verbal warnings). Prepare relevant documentation. Recap any prior counseling session Provide specific examples who, what, when, where, and how? State the impact of the unacceptable performance/ behavior. Specify exact acceptable performance/ behavior goals. State next steps for continuing unacceptable performance /behavior.
WARNING LETTERS Drafting a Warning Letter Include specific reference to any previous verbal counseling sessions/meetings where these performance issues were discussed Specific instances/examples of any recent and current deficiencies in performance impacting the employee's effectiveness and/or the department's operation A clear statement as to what the employee must do to correct the issues (clearly outlined expectations). Set a specific time frame (preferably 3 to 4 weeks) for measuring improvement Spell out the probable action/consequences of continued performance/behavioral issues
WARNING LETTERS Example: Your last paragraph may read: We will meet again in approximately four weeks to review your progress in the stated areas of concern. If immediate and sustained improvement is not noted at that time, further disciplinary action, up to and including the possible termination of your employment with Boston University, will be contemplated. I have been given a copy of this warning letter and have been notified that a copy will be placed in my personnel file in human resources. Employee signature Date:
TERMINATION CONSIDERATIONS Before Terminating Was the employee appropriately notified of their unacceptable performance/behavior, and specifically how to correct it? Are the requirements for this employee the same as employees in similar roles within your department? Did the employee receive adequate training in all areas necessary to meet these requirements? Are the requirements reasonable under these conditions? Was the employee allowed enough time to bring their performance up to an acceptable level? Does the magnitude of the unacceptable performance/behavior warrant termination at this point? Are you prepared to defend your actions to other parties? Are you still convinced that you are making the right decision?
TERMINATIONFOR CAUSE How to Prepare Work with your HR Consultant to strategize ahead of time Review any documentation from previous performance discussions Prepare what to say, in order to keep the discussion on track Make sure that you can answer all the typical questions Have a checklist for any of the University s property that should be returned by the employee Have the written termination letter ready at the meeting Have payment for all wages and vacation pay owing up to the last day of work Try to meet in Human Resources. Avoid areas where co-workers could be present Have a third party attend the meeting whenever possible
TERMINATIONFOR CAUSE The Termination Meeting Be clear and straightforward, but empathetic. Explain the conclusion of BU employment, when the termination will come into effect and the reasons for the decision. Politely listen to the employee speak on their behalf, but do not apologize or make statements that suggest indecision, ambiguity or any alternative outcome. Discuss the return of University property, and how to handle collection of personal belongings. Do not meet longer than necessary. Avoid getting caught up in a confrontation or argument. If the employee is too upset to continue, conclude the meeting.
