2018 Employment Law & Leadership Conference

Transcription

1 Do I Coach, Correct or Say Goodbye? Presented by: GINA De MIRANDA, M.A., SPHR, PHR-ca, SHRM-SCP TPO Bilingual Consultant ginad@tpohr.com MANAGING or LEADING? If your actions inspire others to dream more, learn more, do more and become more, you are a leader. John Quincy Adams Sixth president of the United States ( ) OBJECTIVES COVERED TODAY How to HireRight and Set Employees Up for Success. Giving and Receiving Feedback to Drive Accountability. Coaching, Correction or Both? Sidestepping Legal Landmines. When and How to PIP. When and How to Use an LCA. When and How to Say Goodbye. 1

2 THE COSTS OF A BAD HIRING DECISION Steve Jobs on bad hiring,... A small team of A+ players can run circles around a giant team of B and C players." Lost Worker Productivity Lost Time Due to Recruiting & Training Replacement Expense of Recruiting & Training Replacement Negative Impact on Employee Morale Negative Impact on Client Solutions.just to mention a few! HIRE FOR SUCCESS HIRE THE RIGHT CANDIDATE... (not the one who interviews best!) Create a Compelling Picture of the Job Identify & Quantify Success (30/60/90 & 1 YR) Define Required Versus Preferred Skills Match Candidate Skills to Requirements Ask Behavioral based Questions Assess Organizational & Team Fit NEW EMPLOYEES INVEST IN THEIR SUCCESS IS THIS YOUR NEW EMPLOYEE ORIENTATION? MINIMAL: STANDARD REQUIRED PAPERWORK + SHADOW ANOTHER WORKER BETTER: STANDARD REQUIRED PAPERWORK + STAFF INTRODUCTIONS + MEETING WITH MANAGER + WORK STATION REVIEW + SHADOW ANOTHER WORKER 2

3 NEW EMPLOYEES INVEST IN THEIR SUCCESS TPO RECOMMENDED ONBOARDING... Culture, Team, Pay, Benefits, Safety & Systems Workplace Tour & Meet Leaders Employee Handbook, Job Description Success 30/60/90 Day & 1 Year Initial Training & Job Shadowing Assign a Peer Buddy/Mentor/Coach Timely, Constructive Feedback for Accountability 90 Day New Employee Survey Orientation Period Ends / Decision Point DRIVING EMPLOYEE ENGAGEMENT WHAT ALL EMPLOYEES NEED TO KNOW ABOUT YOUR COMPANY Values, Mission, Vision & Culture What is Our Product/Service? How Do We Provide Value? Who Are Our Leaders & What Are Their Roles? What is The Reporting Structure? What Gives Us Competitive Advantage? DRIVING EMPLOYEE ENGAGEMENT WHAT ALL EMPLOYEES NEED TO KNOW ABOUT THEIR OWN ROLES WIN INDIVIDUAL GOALS TEAM GOALS COMPANY GOALS VISION, MISSION & VALUES What Are Our Current Business Goals? How Does My Job Fit Into The Organization? What Must I Accomplish To Be Successful & When? How Do My Contributions Impact Business Goals? 3

4 DRIVING EMPLOYEE ENGAGEMENT PARTICIPATIVE, CONSISTENT & DOCUMENTED PERFORMANCE FEEDBACK Annual Review of Job Descriptions Employee Self Evaluation Opportunities for Growth & Development Documented Annual Performance Evaluations Regular, Informal Check ins to Refine & Adjust SITUATIONAL LEADERSHIP Determines each employee s current development level and uses the most effective leadership style for each employee. THE PURPOSE OF SITUATIONAL LEADERSHIP Increases Open Communications With More Frequency & Clarity Develops/Enhances Employee Competence & Commitment Encourages Employees to Take Their Own Initiative to Seek Solutions and Results Values and Honors Differences 4

5 COMMUNICATING PERFORMANCE STANDARDS Specific Measurable Attainable Realistic Timebound Ethical Recorded COMMUNICATING PERFORMANCE STANDARDS Review the Standards with the Employee Describe the task/objective and desired results. Provide measurable goals tied to dates. Discuss the procedure or steps. Identify support needed. Establish periodic progress updates. Discuss Employee Concerns Listen to their suggestions. Maintain an open mind. Help them solve the problem. EVALUATE, ACKNOWLEDGE & REWARD SUCCESS Understand how your employees want to be acknowledged. Make rewards meaningful and timely. Show the connection to the overall goals of the organization. 5

6 WHAT IF THINGS GO OFF TRACK? WHY DO PEOPLE HAVE PERFORMANCE PROBLEMS? 1. They don t know what they are supposed to do. 2. They don t know how to do it. 3. They don t know why they should do it. 4. There are obstacles beyond their control. 5. They think they are doing the job. WHY DO PEOPLE HAVE PERFORMANCE PROBLEMS? 6. They are working on the wrong things. 7. They don t have the tools. 8. They think they know a better way. 9. Poor management. 10.They have personal problems. 6

7 AT WILL EMPLOYMENT AT WILL means employer or employee may terminate employment with or without cause and with or without notice. REINFORCE THIS STATEMENT IN: Job Offers Employee Handbooks Job Descriptions Performance Documentation Commission and Bonus Plans AT WILL EMPLOYMENT LIMITATIONS IN CA AT WILL IS NOT A DEFENSE AGAINST WRONGFUL TERMINATION IN CALIFORNIA WRONGFUL TERMINATION occurs when an employee is fired for an UNLAWFULor IMPERMISSIBLE reason such as: Express or Implied Contract to Work (Written or Verbal) Discriminatory Reason Retaliation for Using or Exercising an Employee Right Whistleblowing or Complaining About Legal Violations Complaining About Wage & Hour Violations Is Coaching in Order? Coaching is unlocking a person s potential to maximize their own performance. It s helping them to learn rather than teaching them. Tim Gallway 2018 TPO The HR Experts. All rights reserved. 7

8 COACHING FOR SUCCESS WHAT IS COACHING? Unlocking employee potential to maximize their own performance. It is helping them to learn rather than teaching them. The art of facilitating the performance, learning and development of another. About developing a person s skills and knowledge so that their job performance improves in alignment with organizational objectives. It usually lasts for a short period and focuses on specific skills and goals. COACHING THROUGH DELEGATION 1. Start with the preferred outcome in mind. 2. Delegate the whole task to the right person. 3. Delegate responsibility and authority and ask the employee to summarize the assignment to you. 4. Establish an ongoing feedback process. 5. Maintain open communication. 6. If you are not satisfied with progress, DON T TAKE PROJECT BACK! 7. Evaluate and reward performance. COACHING & COMMUNICATIONS Develop active listening skills. Seek first to understand, then to be understood. Stephen Covey 8

9 DO I CORRECT? 2018 TPO The HR Experts. All rights reserved. REVIEW AND INVESTIGATE Each corrective action situation represents a unique set of circumstances and therefore should be REVIEWED and DECIDED on the INDIVIDUAL facts and in the context surrounding the circumstances TPO The HR Experts. All rights reserved. CORRECTIVE ACTION OPTIONS Based on a thorough review, measured and appropriate corrective response options include: Verbal or Written COUNSELING Written DISCIPLINE Disciplinary PROBATION REASSIGNMENT SUSPENSION PERFORMANCE IMPROVEMENT PLAN (PIP) LAST CHANCE AGREEMENT (LCA) 2018 TPO The HR Experts. All rights reserved. 9

10 COMMUNICATION & DOCUMENTATION ESSENTIALS Use Standardized Forms! 1. Identify Necessary Improvements to be Made 2. Designate a Time Period for Improvement 3. Document, Describe and Clarify 4. Confirm What Happens if Problem Goes Uncorrected 5. Make Sure You Have Authority to Proceed 6. Follow-Up: Reinforce Improvements or Continue Corrective Actions 2018 TPO The HR Experts. All rights reserved. PERFORMANCE IMPROVEMENT PLANS (PIP) Critical Elements of a PIP : 1. Documents and Prescribes a Plan to Resolve Unacceptable Performance and Behaviors. 2. Creates awritten Action Plan to Address Specific Objectives with SMARTER Goals. 3. Specifies Progress Meetings with Manager. 4. Establishes & Documents Consequences for Unmet Expectations. 5. Requires Managerial Decision & Action Upon Completion. 6. Stipulates consequences for failure to meet performance standards or repeating same infractions. LAST CHANCE AGREEMENTS Critical Elements of LCAs : 1. Documents unacceptable employee performance and behaviors. 2. Identifies the failures that make consequences inevitable. 3. Specifies a final period for correction. 4. Establishes & Documents that termination will likely accompany failure to comply. 5. Restates Employment at Will. 6. Is signed and dated by employee and employer. LCAs must be carefully drafted Union considerations apply Involve legal counsel 10

11 DO I SAY GOOD BYE? 2018 TPO The HR Experts. All rights reserved. INVOLUNTARY TERMINATIONS The Basis for Involuntary Termination is: Unacceptable Performance Misconduct Insubordination Remember the Golden Rule NO SURPRISES!!! 2018 TPO The HR Experts. All rights reserved. THE DECISION to TERMINATE DO S & DON TS A PRE-TERMINATION CHECK-LIST First and foremost, is it fair? Is termination appropriate for the situation? Have the employer s policies been followed leading up to the termination? Does the employee have a valid, overriding explanation? Have we been consistent in disciplining other employees for similar violations or performance problems? If there are inconsistencies, what valid reason(s) exist to deviate from established practice(s) in this instance? Have we documented all of the facts since first learning of the conduct or performance problem? 2015 TPO The HR Experts - The Saqui Law Group All Rights Reserved 11

12 THE DECISION to TERMINATE DOs & DON Ts A PRE-TERMINATION CHECK-LIST - Continued Will this termination violate any public policy? Are the employee s evaluations consistent with this action? How long has the operation tolerated the conduct or performance problem? Have other members of management been involved in making this determination? Would co-workers perceive the decision to terminate fair or unfair? Is the employee in a category that is protected under anti-discrimination laws? Could the employee claim any type of harassment or discrimination? What is the employee s length of service? Is this corrective action consistent with imposed on other employees? 2015 TPO The HR Experts - The Saqui Law Group All Rights Reserved THE DECISION to TERMINATE DOs & DON Ts A PRE-TERMINATION CHECK-LIST - Continued Has the employee been told that termination may result if the conduct or performance continued? (Will it be a surprise?) Are there other appropriate alternatives to termination, such as transfer, counseling, discipline, probation, suspension, or demotion? Are there any health-related or any type of drug or alcohol-related problems? Are there any known or suspected disabilities or reasonable accommodation issues? Are there any pending or unresolved Worker s Compensation issues? Could the employee perceive the action as retaliation? 2015 TPO The HR Experts - The Saqui Law Group All Rights Reserved FINAL PAY REQUIREMENTS ALL POSITIONS! INVOLUNTARY (termination): Immediately! VOLUNTARY (resignation) If employee gives less than 72-hours notice - WITHIN 72 HOURS. If employee gives more than 72-hours notice - ON LAST DAY OF WORK. Final pay must include all accrued but unused vacation and/or PTO!! 2015 TPO The HR Experts - The Saqui Law Group All Rights Reserved 12

13 SUCCESSFUL LEADERS LEAD Addressing poor performance can be difficult, but doing nothing promotes team dysfunction and demotivation. Q & A DO I Coach, Discipline or Say Goodbye? Please fill out your evaluation form. For TPO s Training Calendar, go to: Presented by: GINA De MIRANDA, M.A., SPHR, PHR-ca, SHRM-SCP TPO Bilingual Consultant ginad@tpohr.com 13