01/ 11/ 2006
by Beth Gaudio
The best way to protect your business from problem employees is to begin the employment relationship with clearly written procedures for documenting employees’ behavior—good and bad. Consistency is key. Employment discrimination suits often start when you treat workers in the same situation differently.
1. Explain the obvious. From the start, employees must understand what types of behavior are and are not acceptable. By providing this information up front, you can establish a framework to evaluate the employee’s performance and provide discipline if necessary.
Provide new employees with a job description. Set reasonable expectations from the beginning and thoroughly explain what types of behavior will not be tolerated. A written job description should clearly define an employee’s responsibilities.
Establish a discipline policy and code of conduct, and give each employee a copy. After you've established a policy—follow it!
2. Evaluate employees regularly. Written documentation of specific employee misbehavior (like absence or tardiness) is the best defense against discrimination claims. Include specific examples of job performance.
Be honest. Inaccurate employee evaluations can be worse than no employee evaluations at all. Often managers who aren't comfortable with criticism give employees higher marks then they deserve. Resist the temptation to hide bad news. Include employees in the process. Use evaluations as an opportunity to set goals together. Be sure to include specific deadlines so employees know if they're living up to your standards.
3. Tackle poor performers early. Be proactive. Addressing poor performance is uncomfortable for you and your employee. But by tackling poor performance early, your business will benefit in the long run by improving employee performance, increasing morale and protecting against employment litigation.
Whether an employee is told that he is being terminated for performance reasons or misconduct, the employee shouldn't be surprised. In almost every circumstance, the termination announcement should be the culmination of progressive discipline that has given the employee a clear signal that he has not been performing up to your expectations.
Beth Gaudio is a staff attorney with the NFIB Legal Foundation, http://www.NFIB.com/legal. This article is intended to provide general information for reference only and should not be considered legal advice.
