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Performance Management

Much like their superiors, they come in all shapes and sizes. The new hire who was so promising in the interview and now that the probationary period is over they can't seem to do anything right; the really, really nice person who respects you as their manager and can't quite get it right even though you give them every chance; the armchair lawyer who knows employee rights better than you, or so they say; the loud mouth, strong personality who knows it all, not fun to try to manage or be around and frankly easier to ignore; the long service employee who has never really been a fit but no one wants to deal with the issue; the older worker, and the minority or female who knows and lets you know that they are in a protected class.

And then there is you, the manager; how well prepared and comfortable are you to really manage the performance of your employees? Where does it all begin and how do you effectively and fairly manage employees?

It really begins in the interview and hiring process, that first interaction with the company and it's representatives or your first interaction as their new manager. Why… because there are a number of laws which impact the employment relationship and for which you as a manager actually represent the company. When you say and do something it is as if the company is saying and doing it, thus…it is important to be as consistent as possible in day-to-day dealings with employees.

Not only that, it's good business, it works, and there are a number of laws with which you must comply such as ADA, Title VII, ADEA, Civil Rights Acts of 1866, 1871, 1964, and 1991, ERISA, Equal Pay Act, FLSA, FMLA, NLRA, OSHA, OWPA, and Executive Order 11246.

If the worth, dignity, and respect for the individual is valued by your company and considered a part of who and what you are as a company, then culturally the same will be expected from you as managers in dealing with your employees.

Notwithstanding the aforementioned considerations, employees with performance issues must be effectively managed, and a tried and proven practice is that of Performance Management via "Just Cause and Progressive Discipline." When effectively administered, employee performance issues will have been appropriately investigated, documented, and met the collective guidelines or criteria to be applied to the facts of a particular case. Just Cause will have been determined and appropriate, progressive forewarning will have been provided employees with opportunity to correct issues versus summary punishment or discharge.