1. Difficult Employees

2. 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

3. Impact of Difficult Employees • Wasted time by supervisors • Reduced productivity • Decreased job satisfaction • Increases ee turnover • Higher stress & frustration • Customer loss • Low morale

4. 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

5. 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

6. 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

7. 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

8. 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…

9. 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

10. 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…

11. 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

12. 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

13. 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

14. 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

15. 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

16. To fire an employee…pre-firing • Have a witness present • Lawyer, HR, peer • Have the ee’s final paycheck in hand to give them

17. 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

18. 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

19. 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

20. 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

21. 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