Effectively Managing an Ineffective Employee: Performance & Conduct
BUMC Human Resources 2014
**Applies to non-represented staff employees only.
 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
TERMINOLOGY
 Poor time management and priority-setting
 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
TERMINOLOGY
 Hire a poor performer
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.
TERMINOLOGY
Progressive Discipline Concept
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
used
to add
more
attention
and gravity
to the
situation.
TERMINOLOGY
Ensures that the manager acts reasonably
and consistently.
Each
step is
 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
DUE PROCESS
 The employee must understand expectations and consequences of failing to meet
standards
The goal is
always
rehabilitation!
 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.*
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.
“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.”
AT-WILL EMPLOYMENT
BU Employee Handbook:
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
WRITTEN COMMUNICATION
How to document poor performance appropriately:
•
Be respectful…
•
Be compassionate…
•
Allow for honesty and openness…
•
Be specific about the performance/behavioral issues…
•
Be understanding of multicultural differences
VERBAL COMMUNICATION
It’s not just what you say, but how you say it!
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)
TERMINATION FOR JUST CAUSE

Measurable, verifiable and result-oriented
Attainable, yet sufficiently challenging
Relevant to the mission of the department
Time-bound with a schedule and specific milestones
PERFORMANCE CRITERIA
Specific, clear and understandable
State the
impact of the
unacceptable
performance/
behavior.
Consult with
your HRC (even
for verbal
warnings).
Prepare relevant
documentation.
Specify exact
acceptable
performance/
behavior goals.
Provide specific
examples – who,
what, when,
where, and
how?
State next
steps for
continuing
unacceptable
performance
/behavior.
WARNING MEETINGS
Recap any
prior
counseling
session
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
WARNING LETTERS
 Include specific reference to any previous verbal counseling sessions/meetings
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:
WARNING LETTERS
Your last paragraph may read:
 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?
TERMINATION CONSIDERATIONS
 Was the employee appropriately notified of their unacceptable
performance/behavior, and specifically how to correct it?
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
TERMINATION FOR CAUSE
•
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.
TERMINATION FOR CAUSE
Be clear and straightforward, but empathetic.