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 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

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