Applies to nonrepresented staff employees only Effectively Managing an Ineffective Employee Performance amp Conduct Poor time management and priority setting L ack of urgency ID: 261894
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BUMC Human Resources 2014**Applies to non-represented staff employees only.
Effectively Managing an Ineffective Employee: Performance & ConductSlide2
Poor time management and priority-settingLack of urgency Inflated perception of own importance and abilitiesBelief that everyone else is the problem Poor communication skills and difficulty following instructions Poor multi-tasking
Lack of quality, quantity and speed of workLack of requisite skillsLack initiative Consistent feeling of being overwhelmed
Unnecessarily complicating matters
Disconnect between their actual performance and how they think they are performing
Terminology
Poor PerformerSlide3
Hire a poor performerMiss the telling signs during the initial period. Follow up on any issues immediately.Set up: Poorly defined expectationsUnrealistic 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
Don’tSlide4
Progressive Discipline ConceptMeans of communicating problem issues directly and in a timely fashion so that employees can involve themselves in the problem-solving process. Due ProcessWe have an obligation to prove that we made reasonable efforts to rehabilitate those employees before reaching the ultimate decision to terminate.
Terminology
TerminologySlide5
Ensures that the manager acts reasonably and consistently. Each step is well documented, including employee unwillingness or inability to address concerns about their job performance. 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 Terminology
The ProgressionSlide6
Due ProcessDue ProcessThe employee must understand expectations and consequences of failing to meet
standards
Structured, open two-way
communicationSpecific, 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 Slide7
The goal is always rehabilitation!Slide8
Wrongful DischargeProtection from Wrongful DischargeWhen 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.*Slide9
At-Will EmploymentDefining 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.” Slide10
Written CommunicationDocumenting Poor PerformanceHow to document poor performance appropriately:
Address problem issues immediately; document issues as they occur
Effectively communicate the issues to the
employee
Implement a procedure where employees are notified within ten days whenever potentially negative information is added to the employee’s personnel
record
Avoid
over-documentation
Be specific; stick to the facts and keep clear, professional
notes
Also highlight, discuss, and document examples of acceptable or outstanding
performanceSlide11
Verbal Communication Verbal CounselingIt’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
differencesSlide12
Termination For Just CauseTermination 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) Slide13
Performance CriteriaPerformance Criteria
Specific, clear and understandable
M
easurable, verifiable and result-orientedA
ttainable, yet sufficiently challenging
R
elevant to the mission of the departmentT
ime-bound with a schedule and specific milestones Slide14
Warning Meetings A Word on Warnings…Slide15
Warning LettersDrafting 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
issuesSlide16
Warning LettersExample:
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:Slide17
Termination ConsiderationsBefore 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?
Slide18
Termination for CauseHow 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
possibleSlide19
Termination for CauseThe 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.