Managing and Responding to Poor Employee Performance

1. Managing and Responding to Poor Employee Performance

2. This learning module provides a comprehensive • review of employee performance and disciplinary • issues. • Specifically, this module addresses dealing with employees with performance deficiencies and other issues that may require the use of disciplinary procedures. Purpose For questions contact State Human Resources

3. After completing this module, supervisors will: • Be familiar with discipline terminology. • Be able to identify which disciplinary procedures are appropriate to use in specific situations. • Be able to write a Performance Improvement Plan (PIP). • Know how to impose employee discipline. • Know how to conduct an employee discharge. Learning Objectives For questions contact State Human Resources

4. Defining employee performance. • Common performance deficiencies. • Employment-at-will versus due-process employees. • Discipline options. • Disciplinary processes. Module Outline For questions contact State Human Resources

5. Progressive discipline. • Alternatives to employee discipline. • Importance of documentation. • Possible outcomes of disciplinary actions. • Legal issues in employee disciplinary actions. • Handling employee discharges. Module Outline (continued) For questions contact State Human Resources

6. Defining Employee Performance • Common Performance Deficiencies • Classified versus Un-Classified Employees Session 1 For questions contact State Human Resources

7. Employee Performance • Task performance – How well employees perform their formal job duties. • Contextual performance –The extent to which employees perform extra role behaviors (that is, discretionary duties or duties not in one’s job description). • Examples of contextual performance include informally mentoring a new employee or “going the extra mile” to help a customer. For questions contact State Human Resources 7

8. Other Important Aspects of Performance • Organizational citizenship behavior (OCB) –This is closely related to the concept of contextual performance. • OCB has been defined as discretionary individual behavior that is not formally recognized by organizations’ reward systems and that promotes the effective operation of organizations. • Emotional Labor–These are the emotions that employees must appropriately display to do their jobs effectively. For questions contact State Human Resources 8

9. Employee Performance • To maximize employee performance, the following strategies should be employed: • 1. Communicate performance goals at hire. • 2. Perform periodic performance appraisals. • 3. Allow employees to participate, to the extent possible, in the formulation of their performance goals. For questions contact State Human Resources 9

10. Absenteeism • Tardiness • Poor attitude/insubordination • Poor task performance • Poor contextual performance Common Performance Deficiencies For questions contact State Human Resources

11. Quite often, an employee’s actions do not warrant the use of formal disciplinary actions. In these cases, informal measures such as informal verbal counseling should be used. • Informal verbal counseling should be done in private. • Before conducting the counseling session, the supervisor or manager should prepare a list of issues that will be covered in the counseling session. Counseling Employees For questions contact State Human Resources

12. Do not use accusatory language. • Do not disparage the employee. • Attempt to maintain rapport for the sake of the long-term working relationship. Tips for Informal Verbal Counseling For questions contact State Human Resources

13. A Performance Improvement Plan (PIP) is a tool employers use to improve employee behavior. • PIPs are a contract between the employee and employer in which the performance deficiencies of the employee are clearly articulated. The plan should include goals for increased performance and steps to be taken to achieve these goals. PIPs also include timelines for achieving performance goals. • PIPs are typically signed by the employee and at least one representative of the employer. • PIPs are generally not considered to be employee discipline, but rather a developmental tool for low-performing employees. Performance Improvement Plans For questions contact State Human Resources

14. Performance Improvement Plan Example For questions contact State Human Resources 14

15. Most employees have an at-will employment relationship with their employers. This means that an employer may discharge the employee for any reason, except the following: • 1. Discrimination based on a protected class. • 2. A reason that is contrary to public policy (e.g., the illegal firing of a whistleblower). At-Will Employees For questions contact State Human Resources

16. Classified employees are normally allowed to protest disciplinary action taken against them through internal or external procedures. • Check with HR to determine if your employee is a classified employee. • To discipline a classified employee, there must be just cause for the disciplinary action. Classified Employees For questions contact State Human Resources

17. Examples • Examples of conduct that may result in informal verbal counseling: • Absenteeism. • Tardiness. • Low task performance/productivity (including long customer lines, giving incorrect change). • Examples of conduct that might result in harsher discipline: • Stealing. • Fighting or other violence at workplace. • Continued absences, tardiness or poor performance after other less severe forms of discipline have already been utilized. For questions contact State Human Resources 17

18. Review • Disciplinary Options • Disciplinary Processes • Progressive Discipline • Alternatives to Employee Discipline Session 2 For questions contact State Human Resources

19. In Session 1, we covered the following topics: • Defining employee performance. • Common performance deficiencies. • At-will and classified employees. Review For questions contact State Human Resources

20. Oral warning/reprimand–This is an oral meeting discussing misbehavior or performance deficiencies and necessary steps to improve performance. • Written warning/reprimand–The employee is given a written statement of performance deficiencies and advised in writing that future deficiencies may result in further disciplinary action. • Probation–The employee is placed on probationary status for a period of time. During this probationary period, the employee’s performance is expected to improve. At the end of the probationary period, the employer’s performance is reevaluated. Disciplinary Options For questions contact State Human Resources

21. Disciplinary Options • Suspension–The employee is barred from the worksite for a period of time. Suspensions may be paid or unpaid. • Demotion–The employee is transferred to a position with lower responsibility. Demotion is often accompanied by a decrease in pay and/of benefits. For questions contact State Human Resources 21

22. Disciplinary Options • Termination with no right to rehire–The employee is involuntarily discharged, and the employer will not rehire the employee in the future. For questions contact State Human Resources 22

23. If an employee is subject to progressive discipline, the employer generally imposes a less severe form of discipline before proceeding to a more severe discipline option. • Examples of steps in progressive discipline • 1. Oral warning • 2. Written warning • 3. Suspension • 4. Discharge Progressive Discipline For questions contact State Human Resources

24. Progressive discipline is not warranted in every case. Sometimes, based on the severity or nature of the employee’s conduct, it is justified for an employer to skip steps in the progressive discipline process, including proceeding straight to termination. Progressive Discipline (continued) For questions contact State Human Resources

25. Mediation–A mediator helps the employer and employee come to a resolution of issues (non-binding). • Arbitration–An arbitrator receives testimony/information from the employer and the employee and makes a binding decision. Disciplinary Processes For questions contact State Human Resources

26. Civil Service Boards consisting of employee and management representatives who hear testimony and deliver decisions on disciplinary cases. • Federal or state statutorily mandated procedures • State of Kansas Classified workers have disciplinary appeal rights provided by state statute. Disciplinary Processes (continued) For questions contact State Human Resources

27. Alternatives to Traditional Disciplinary Processes Informal verbal counseling–Sometimes merely talking with an employee regarding performance issues may increase performance. Training/re-training– An employee’s performance and conduct may be improved by additional training. Performance improvement plans–While not generally considered discipline, these plans offer employees a roadmap for improving their performance. Employee assistance programs (EAP)–HealthQuest offers employees help in dealing with problems from their personal lives that might negatively affect performance. For questions contact State Human Resources 27

28. Review • Importance of Documentation • Possible Outcomes of Disciplinary Actions • Legal Issues in Employee Disciplinary Actions • Handling Employee Discharges Session 3 For questions contact State Human Resources

29. In Session 2, we covered: • Disciplinary options. • Disciplinary processes. • Progressive discipline. • Alternatives to employee discipline. Review For questions contact State Human Resources

30. Regardless of whether progressive discipline is used, it is important to document the reasons for the imposition of disciplinary action. • Documentation is important for all employees. Importance of Documentation For questions contact State Human Resources

31. Employee development • Employee resentment • Perceived violation of psychological contract. Possible Outcomes of Disciplinary Actions For questions contact State Human Resources

32. Employee separation (voluntary or involuntary). • Employee withdrawal (psychological or physical). • Bystander (co-worker) reactions. Possible Outcomes of Disciplinary Actions (continued) For questions contact State Human Resources

33. Civil Rights Laws • Employers cannot use disciplinary procedures against an employee merely due to that employee’s membership in a protected class. For example, an employer cannot discipline only men who are tardy to work, but not discipline tardy women. • Whistleblower Protection • The federal Whistleblower Protection Act prohibits employers from retaliating against an employee for reporting the employer for alleged violations of the law. Legal Issues in Employee Disciplinary Actions For questions contact State Human Resources

34. Unionized workplaces • Many union contracts between employers and labor unions require that progressive discipline be used. • Moreover, disciplinary actions in these workplaces must be utilized only pursuant to the terms of the collective bargaining agreement negotiated between the union and the employer. Legal Issues in Employee Disciplinary Actions (continued) For questions contact State Human Resources

35. Due to the severity and/or nature of an employee’s conduct or performance, sometimes termination is appropriate and warranted. Handling Employee Discharges For questions contact State Human Resources

36. Employers should keep in mind the following when terminating the employee: • 1. Were similarly situated employees terminated for the same behavior? • 2. Particularly for classified employees, was there adequate documentation to support the termination? • It is policy to seek advice from Legal before making the decision to terminate an employee. Handling Employee Discharges (continued) For questions contact State Human Resources

37. Research has shown that if employees perceive that the process used to determine their termination was fair (and if they perceive that they were treated fairly during this process), they are less likely to sue their employers for wrongful termination. Handling Employee Discharges (continued) For questions contact State Human Resources

38. Based on the severity or nature of the grounds for termination and other factors, such as the apparent mental state of the employee, employers should consider what, if any, security measures should be in place for the termination. Handling Employee Discharges (continued) For questions contact State Human Resources