Training Managers to Document Job Performance

1. Training Managers to Document Job Performance Christensen Group Insurance Thursday, August 22, 2013 Larry J. Peterson Krista L. Hiner

2. Reviewing Job Performance • Must be done routinely and in writing. • Remain objective • Use constructively. Be honest. • Discuss with employee. Give ee chance to respond. Have employee sign. • Copy in personnel file.

3. Job Performance Reviews • Steps for implementing: • Do a training for managers/supervisors– it will be their responsibility to do these. • Routine contact with employees • How to follow up on issues shortly after evaluation.

4. Ongoing Discipline • Tool for a better workplace. Facilitates good relationships with and among employees • Treat all employees equally in the workplace • No gossiping about poor performance with other employees. • If an ee reports another ee’s poor performance to you, remain objective. Do not tell the employee your opinion or analysis. • Document every instance of discipline in employee’s personnel file • When to discipline?

5. Benefits of Well-Trained Discipline Documentation • Educates employees, and allow them to improve • Gives those in company with a need to know a well-recorded history of performance issues. • Documentation acts as proof the employee received notice of their performance issues • Proper documentation that occurs as soon as the issue arises can save you a lot of time in the future. It prevents inconsistencies as parties recall the interaction. • Lawsuits – Juries expect documentation that is shared with the employee.

6. Oral vs. Written Warnings • Written: much better and more useful than oral warnings because: • Oral warnings inevitably water down message • Oral warnings tend to express subjectivity vs. objectivity of writing • More accurate than memory. Document it now and save yourself time of trying to sort it out later. • Written documentation emphasizes the importance.

7. In addition to written warnings, managers/supervisors should be trained in: • Determining if any investigation is needed. • What information to include in that warning. • Why it impacted the company poorly. • Avoiding unnecessary labels/adjectives (“gross misconduct”) • Don’t accidentally commit yourself to anything • How to get employee acknowledgment • The importance of doing this immediately.

8. Termination • Pre-termination options: • Policy for progressive periods of suspension?Performance Improvement Plan, Last Chance Agreements • Last Chance Agreements • Train them how to terminate. • Making sure employee did not recently complain of discrimination or employer misconduct. Careful of whistleblower actions.

9. Non-Discipline Issues • Employee must verify they meet all licensing requirements when asked to do so by company. Failure to provide proof is cause for termination. • Teach managers/supervisors to actively engage employees in training • Value of Training • Staff Meetings • Identifying and reacting to any risk of harm to clients/residents

10. Evaluating Your Employees’ Abilities to Perform Essential Job Tasks Christensen Group Insurance Thursday, August 22, 2013 Larry J. Peterson Krista L. Hiner

11. How to evaluate ability of applicants and employees to perform essential job tasks. • Utilize Job Descriptions • Current? • Match real duties? • Detailed? • What are the essential job tasks? • Use professional to observe duties and draft descriptions.

12. Post-Conditional Job Offer Inquiries and Evaluations • Attach a current and accurate job description to job offer. • Job offer is conditional upon successful completion of physical fitness screening and impairment disclosure • Request completion of physical impairment disclosure • Request authorization for screening and to receive results of physical fitness eval.

13. Physical Fitness Evaluation • Use a qualified professional. • What if the screener concludes that the applicant cannot perform the essential job tasks? • Duty to accommodate an applicant’s impairment(s).

14. Obesity • In June, 2013, AMA declared obesity is now a “disease.” • What does this mean under FMLA, ADA, and MN Human Rights Act? • Can your post-conditional job offer physical fitness screen evaluate obesity? • Is obesity now a disability that requires accommodation? • US Court of Appeals in 1st, 2nd, 3rd, and 6th Circuits have found obesity to be a disablity.

15. Implementation of Wellness and Fitness Programs • Establish policy and explain all employees are expected to be able to perform all essential job tasks, and that accommodations are made only if economically and practically possible. • Give employees access to professionals who can conduct confidential fitness screen and create fitness/wellness regimen for that employee.

16. Implementation of Wellness and Fitness Programs • Current job duties cannot be eliminated if it results in lower pay or adverse change in shifts/working conditions. • This should be a voluntary wellness program. If you make it mandatory, then any injures sustained during participation in wellness program are covered under workers’ compensation act.

17. Documentation & Essential Job Tasks • Over time, your documentation of job performance should record examples, observations, or concerns regarding inability to perform or difficulty performing essential job tasks. • After proper documentation, counseling, and exhaustion of reasonable accommodation efforts, an employee may need to be laid off for failure to perform essential job tasks in a safe and efficient fashion.

18. Larry Peterson: ljp@plklaw.net • Krista Hiner: khiner@plklaw.net • Peterson, Logren & Kilbury, P.A.: 651-647-0506