Supervision of employees in the workplace is an active process meant to maintain a positive work environment and high levels of productivity. Poor employee performance creates stress and can drag down productivity and morale. Business owners, supervisors, and Human Resources professionals frequently encounter questions about performance management. This article busts some common myths about performance management to help you keep your workplace productive and legally compliant.
Myth #1: Employers must follow a progressive disciplinary policy before firing an employee.
Fact: Employers often choose to follow a progressive disciplinary policy, starting with a warning and progressing to more serious discipline for more severe or repeated offenses. However, in a private-sector workplace, there is no legal requirement for any particular process before taking disciplinary action or carrying out a termination, unless an individual contract or collective bargaining agreement requires just-cause or another standard. Employers should follow their personnel policies in carrying out discipline, so be sure to craft these policies with sufficient flexibility to address a wide variety of situations.
Myth #2: Employers should start documenting performance concerns when termination is under consideration.
Fact: Employers should start documenting performance concerns as they arise, not only when termination is under consideration. The documentation should show a persistent effort to address the situation, with notice to the employee that improvement is needed. There are many benefits to consistent documentation. One scenario arises when the employer plans to terminate employment, but the employee suddenly discloses information before the termination is carried out, such as pregnancy, disability, or harassment claims. If the documentation trail starts only after that disclosure, the employer is not able to show that the performance was concerning and termination was under consideration prior to the disclosure.
Myth #3: An employee cannot recover from a Performance Improvement Plan.
Fact: A performance improvement plan, commonly known as a “PIP,” is a structured approach to addressing specific concerns about employee performance. They typically create specific objectives for the employee to meet within a set timeframe. Failure to successfully complete a performance improvement plan often results in termination. Performance improvement plans should be specific and reasonable. They are often criticized by employees as setting the employee up to fail. This is often the point at which employees see their jobs are in jeopardy and begin consulting with counsel. Make sure your own actions are appropriate throughout the process and that the employee is placed on the performance improvement plan for legitimate, documented reasons. The supervisor’s goal in utilizing a PIP should be to improve the situation, not simply to create a basis for termination.
Myth #4: Supervisors are well-trained in the skill of employee supervision.
Fact: Many supervisors are promoted based on technical skills rather than leadership ability. Without proper training, they may struggle with communication, conflict resolution, and legally compliant decision-making, leading to employee dissatisfaction and potential legal issues. Even if the supervisor does not act unlawfully, failure to gain the respect of employees can lead to poor employee performance, workplace stress at all levels, and expensive legal claims. Supervisors should receive ongoing training in effective leadership. Explore training options for your team at: https://www.berchemmoses.com/hr-training/private-businesses/.
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Maintaining a smoothly functioning workplace while complying with employment laws can be difficult. The labor and employment attorneys at Berchem Moses PC can help your team with effective performance management.