bumc human resources 2014 **applies to non-represented staff employees only. effectively managing an...
TRANSCRIPT
BUMC Human Resources 2014
**Applies to non-represented staff employees only.
Eff ectively Managing an Ineff ective Employee: Performance & Conduct
Poor time management and priority-setting
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
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Poor Performer
Hire a poor performer
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
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Don’t
Progressive Discipline Concept
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.
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Terminology
Ensures that the manager acts reasonably and consistently.
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
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The Progression
attention and gravity
to the situation.
used to add more
Each step is
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Due Process
The employee must understand expectations and consequences of failing to meet standards
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
The goal is always
rehabilitation!
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Protection from 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.
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.*
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TDefining At-Will Employment
BU Employee Handbook:
“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.”
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NDocumenting Poor Performance
How to document poor performance appropriately:
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
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Verbal Counseling
It’s not just what you say, but how you say it!
• Be respectful…
• Be compassionate…
• Allow for honesty and openness…
• Be specific about the performance/behavioral issues…
• Be understanding of multicultural differences
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Termination for Just Cause
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)
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IAPerformance Criteria
Specific, clear and understandable
Measurable, verifiable and result-oriented
Attainable, yet sufficiently challenging
Relevant to the mission of the department
Time-bound with a schedule and specific milestones
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A Word on Warnings…
Consult with your HRC (even for
verbal warnings).
Prepare relevant
documentation.
Specify exact
acceptable performance
/ behavior goals.
Recap any prior counseling session
Provide specific
examples – who, what,
when, where, and how?
State next steps for
continuing unacceptab
le performance/behavior.
State the impact of
the unacceptabl
e performance/behavior.
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Drafting a Warning Letter
Include specific reference to any previous verbal counseling
sessions/meetings 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
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Example:
Your last paragraph may read:
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:
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Before Terminating…
Was the employee appropriately notified of their unacceptable performance/behavior, and specifically how to correct it?
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?
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How to Prepare
• 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
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The Termination Meeting
Be clear and straightforward, but empathetic.
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.