Why Is This Person Still Working Here? Kristina Dietrick, PHR, SHRM-CP President, Creative Business Solutions March 15, 2017

Objectives Learn how you can develop a culture of accountability including how bad managers impact a culture of accountability and the importance of ethics. Address legal and HR considerations of dealing with problem employees. Discuss strategies for dealing with employee performance, behavior and misconduct. Learn how timing of performance management impacts retaliation allegations. Learn how to handle leave issues which impact performance. Learn how to manage an employee with a bad attitude.

Developing a Culture of Accountability Starting Point: Vision, Mission, Strategic Needs of the Organization (written, communicated) Know Your Laws National Labor Relations Act, Wagner Act Civil Rights Act of 1991 Age Discrimination in Employment Act of 1967 (ADEA) Americans with Disabilities Amendment Act of 2008 (ADAAA) Handout #1: Road Map to AWESOME Employee Relations Handout #1: Road Map to AWESOME Employee Relations

Developing a Culture of Accountability (cont.) HR Documentation Employee Handbook - For All Employees Employment Laws by Employer Size Cultural Rules and Guidelines Job Description - Specific to the Employee Get Signatures! Handout #2: Federal Labor Laws By Number of Employees Handout #3: Employee Handbook Questionnaire Handout #4: Job Description Template Handout #2: Federal Labor Laws By Number of Employees Handout #3: Employee Handbook Questionnaire Handout #4: Job Description Template

Pick the Right Person the First Time Around HIRE SLOW Recruitment Checklist MUST DO: Background Checks Criminal Background Professional References Handout #5: Recruitment Checklist Handout #5: Recruitment Checklist

Creating a Positive Work Environment Day One 90-Day Plan Early Constructive Feedback Praise Often - Be Specific

Dealing with Employee Performance, Behavior and Misconduct Leaders Managing Themselves and Others Assessments Proactive Training - Classroom, Webinar, One-on-One, etc. Root of the Problem Skills and Knowledge of the Employee and/or Employer Employer Problems: Leadership Processes Employee Problems: Personal Issues into Workforce Attitude (Gray) Attendance (Black and White) Handout #6: Code of Conduct/Code of Ethics Handout #6: Code of Conduct/Code of Ethics

Dealing with Employee Performance, Behavior and Misconduct (cont.) Tell the Employee What is Expected Solution Focused Ask for Suggestions/Offer Suggestions Follow Policy Fair and Consistent To Document or Not To Document? Manager File or HR Personnel File? - Signatures RULE Are the Current and Past Performance Appraisals Accurate?

Do Not Ignore Problem Employees NON PERFORMERS BECOME COMPLAINERS Learn Control Techniques - Leadership Ask Open Ended Questions - Don’t Assume! Employee Could Be Right Explain Your Concerns, Expectations Don’t Get Personal Focus on Behavior If there is a personal issue - Refer to EAP

Look Before You Leap – Perform Due Diligence Investigate Don’t wait - Construed as Retaliatory Follow Up - Timely; It Will Not Go Away Positive Feedback if Warranted Continuing Problems? If So, What Are Next Steps? Resources: The Energy Bus by Jon Gordon The No Complaining Rule by Jon Gordon Handout #7: The Energy Bus, The No Complaining Rule Handout #7: The Energy Bus, The No Complaining Rule

Remember the HIRE SLOW… Now, Let’s Discuss Fire Fast How To Deliver the Bad News 1. Who should deliver the message? Supervisor, Supervisor, Supervisor Need a witness? YES HR and/or Line of Supervision 2. Pre-Plan - disconnect technology (computer, phones), etc. 3. When? Depends…

Fire Fast (cont.) 4. If the meeting lasts more than 5 minutes…it is too long! Need to Cover: Reason - Depends on the Situation Last Paycheck Benefits Company Property Personal Property Option: Separation Agreement or Not? When To Consider? What Should Be Included? What Terms/Conditions Are Required?

Wrap Up…Why Is This Person Still Working Here? Employer is not doing their job – Fear Based. Bottom Line… Get your foundation together, communicate the expectations…and see the results. If not, make a business decision to separate. Your staff will thank you…and productivity will be restored.

More Questions? Contact Me: Kristina Dietrick, President Creative Business Solutions kristina.dietrick@cbsks.com (785) 233-7860 www.cbsks.com