BUMC Human Resources 2014

**Applies to non-represented staff employees only.

Eff ectively Managing an Ineff ective Employee: Performance & Conduct

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

 

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Poor Performer

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

 

 

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Don’t

Progressive Discipline Concept

Means of communicating problem issues directly and in a timely fashion so that employees can involve themselves in the problem-solving 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.

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Terminology

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

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The Progression

attention and gravity

to the situation.

used to add more

Each step is

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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!

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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.*

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TDefining 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.”

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NDocumenting 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

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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

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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)

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IAPerformance 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

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A Word on Warnings…

Consult with your HRC (even for

verbal warnings).

Prepare relevant

documentation.

Specify exact

acceptable performance

/ behavior goals.

Recap any prior counseling session

Provide specific

examples – who, what,

when, where, and how?

State next steps for

continuing unacceptab

le performance/behavior.

State the impact of

the unacceptabl

e performance/behavior.

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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

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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:

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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?

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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

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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.