Previously, we talked about what’s changing in the HR/leadership landscape and offered some tips on how to transform a problem employee into an engaged worker. But what happens if you’ve done everything possible to help a team member improve, but nothing is changing?
Over the last four years we’ve seen the challenges of managing people get more complex, difficult and even risky. This new reality is creating a fear of costly litigation, especially with terminations. Employers end up retaining employees who don’t fit the job or the culture of the organization, leaving managers frustrated, toxic behaviours going unchecked, employee morale and productivity plummeting, and turnover rising.
Working with employees to improve behaviour and performance is always the first goal. However, there may come a point when the situation begins impacting your business in a way that is no longer tolerable. Sometimes ending the employment is the best course of action for both employee and business.
Mistakes to Avoid:
Despite the rise of litigation, employers have the right to performance-manage their employees, which includes letting someone go. When things go awry, it’s often for these reasons:
- Correct processes weren’t followed — Either there were no procedures or managers didn’t know what they were, or the strategies weren’t executed consistently.
- Inadequate documentation — Follow-up actions were not written down, there was no record of conversations and impromptu chats were forgotten. If it’s not documented, it can’t be defended in litigation.
- Insufficient manager support — Fear, laziness or just plain busyness plus personal biases cause managers not to take the time to support employees through the review process.
- Inadequate follow-through and accountability — Expectations, standards and outcomes are unclear or too vague for both manager and employee to measure.
Paying attention to these areas can shift a team member’s performance toward engagement and productivity and avoid the dreaded termination decision.
For- or Not-for Cause?
Organizational needs and resources often dictate which is the best option. While the following guidelines are helpful, this is not an exact science. Ensure that you are properly supported by an HR professional or labour attorney when making this decision.
Please note that if you choose for-cause, the employee must have been given every opportunity to improve. If termination is not done well, employees may have a valid case for wrongful termination, constructive dismissal or a human rights claim.
Two Essential Resources
HR professional: If you don’t have HR staff, it’s essential to work with an HR consultant who can review all the actions you have taken to work with the employee, the documentation you have (or don’t have) to support your case and whether the reasons you have for termination are sufficient to fall under BC Employment Standards. They can help you develop a performance improvement plan to manage and document the process if actions and documents to date do not support a case to terminate, or avoid pitfalls and support you in planning the termination meeting, including the termination letter and script outlining what you can and can’t say.
Choose an employment lawyer who specializes in employment law versus someone with a broader practice.
Employment Lawyer: Equally essential. Choose one who specializes in employment law versus someone with a broader practice. Awareness of legal implications is necessary to inform your decisions and a legal employment specialist will be able to guide you through the process and advise you of the risks.
Strong Leadership is Key
The best way to avoid employee terminations is to create a positive, feedback-based culture where managers are regularly and actively involved with team members’ engagement and performance. Here are some keys to building a dynamic employee experience.
- Hold regular one-on-ones to talk about job progress and concerns
- Provide feedback on issues quickly
- Create clear expectations
- Hold team members accountable for behaviours and duties
- Provide clarity on the outcomes of both strong or underperformance
- Offer consistent, positive feedback in greater proportion to negative feedback
- Invest in leadership training for managers
The happier and more engaged your team is, the less often you’ll be dealing with such difficult employment endings.
Ingrid Vaughan, principal of My Smart HR and founder of the Smart Leadership Academy, provides HR support and leadership coaching to small-business owners and managers.
