The Value of Performance Management

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1 The Value of Performance Management 1

2 Grace Lee, Esq. Vice President, Legal Affairs, NBOA Independent School and Employment Law Attorney Legal counsel to independent schools nationwide Experience includes counseling schools on complex legal challenges, litigation, mediation, counseling, drafting contracts and policies, training, and investigations 2

3 Performance Management Continuum 3

4 What are the roadblocks? PM is for HR PM is too corporate We re a family Faculty should be treated like professionals It s too complicated 4

5 Stages of Performance Management Denial (PMD) #1: The Ostrich Approach 5

6 Stages of Performance Management Denial (PMD) #2: Wishful Thinking 6

7 Stages of Performance Management Denial (PMD) #3: Anger 7

8 Stages of Performance Management Denial (PMD) #4: Breaking point 8

9 9

10 The Financials Salary Benefits Recruitment Hiring 10

11 Employee Engagement 11

12 Performance Management Fosters Employee Engagement How? Gives feedback on what the school values about their work Rewards and recognizes employee contributions Creates trust and respect when employees know what is expected and know where they stand Provides opportunity for goal setting and professional growth Provides opportunity for employee input and collaboration 12

13 Performance Management Benefits Good process helps to avoid: Surprises Fear, distrust, and dishonesty Low morale of high performers Litigation risks Creating an inaccurate record and limiting ability to remove an employee Missed opportunities for improvement Halo effect 13

14 Case Study Sally has been a teacher at the school for two years. Her division head has come to you to discuss concerns about Sally s performance. Other teachers are complaining that her students are not prepared for the next grade level, she has been snapping at students and colleagues, and her attendance has been spotty. You ask the division head whether she has talked to Sally, and what her performance reviews have reflected. The division head indicates that the performance review was good. You ask whether there is any documentation of her concerns. The answer to all your questions is a sheepish no. You and the division head come up with a plan of action. The next day Sally comes to your office and tells you she is depressed and needs an accommodation. 14

15 Performance Management Form Goals: Categories Check-in #1 Check-in #2 Check-in #3 Metrics to describe achievements Provide narrative feedback (not number ratings) Major accomplishments, areas to develop, etc. Self-assessment: 15

16 Remedial Strategies Progressive Discipline Counseling Coaching Training 16

17 Performance Management Supervisor s Role Supervisors must be trained to be successful: Educate them on the Why How to collaborate: What can I do to support you and help you succeed? How to prepare for the review How to avoid potential pitfalls How to avoid engaging in arguments How to seek help when needed TIP: Get buy-in from division heads, supervisors, and employees on the process 17

18 Performance Management Avoid These Common Mistakes Too Vague Better Employee is unresponsive Employee is never here Employee has negative attitude Employee does not return s within two days Employee has been absent six days in past month without prior notice Employee is not assisting with evening events Employee seems angry Employee has yelled at students on these occasions 18

19 Performance Management Summary Keys to Success Communication Collaboration Consistency Documentation Be clear about standards, expectations, goals and priorities Enlist employee input and feedback on how to reach goals and/or how to fix what is not working Treat employees equally and avoid favoritism Job Description, Handbook, Employment Agreement Provide HONEST and TIMELY feedback Ensure employee has the resources to meet goals Consistency across divisions Formal Evaluation Clearly describe consequences for failure to improve FMLA/ADA? Consistency with past practice Progressive counseling and discipline (Should tell a story to an objective third party) 19

20 Six Degrees of Separation Ask Yourself Before Taking Action 1. What policy or procedures did the employee violate? Is it published? Is it clear? 2. Does employee s conduct relate to the School s culture and mission? 3. Have others who violated a expectation received similar action? Can School provide supporting evidence that it treats similar violations in a consistent manner? 4. Has the school done anything to support a reasonable belief that it condones this behavior? 5. Has employee been warned and given an opportunity to correct the issue? Is there a record of the steps taken to correct the issue? 6. Has employee offered mitigating circumstances to justify his/her actions? 20

21 Questions? 21