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 discrimination  ADA  Whistleblower

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 package  Final paycheck  When 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 access  Back 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