Legal/Human Resources Overview John Muckelbauer, General Counsel Danielle Heinisch, Manager, HR

Agenda Employment Actions Hiring Employees Performance & Conduct Progressive Discipline Retaliation

Employment Actions Hiring employees Managing employees Have you selected the best candidate for the job? Managing employees Are you managing your employees fairly, avoiding favoritism and discrimination? Firing employees Do you have the authority to fire? Do you have the documents in hand to justify it? Have you stepped back and thought about it without emotion? Is it the best thing for the VFW?

Hiring Employees

Hiring Employees Draft a standard announcement Pay attention to the job description Don’t target one particular class

Hiring Employees Conduct a fair interview for all applicants selected Use a standard question list

Hiring Employees Does the applicant have the necessary skills? Will the applicant fit into the office culture?

Hiring Employees Avoid favoritism and discrimination when deciding on an employee.

Performance and Conduct

Performance & Conduct PLANNING Set goals and measure Establish and communicate elements and standards MONITORING Measure performance Provide feedback Conduct progress reviews DEVELOPING Address poor performance Improve good performance RATING Summarize performance Assign the rating of record REWARDING Recognize and reward good performance

Planning Set goals and measures Standards should be: Understandable Measureable Attainable Fair Challenging Establish and communicate elements and standards Employees should be involved in the development of goals and measures Employees should know what is expected and how well they have to do it Plans should be flexible

Monitoring Measure performance Measure employee’s performance through job description and observance Conduct regular sessions with new employees to see if fit is working Counsel employees on good work and sub-standard work formally Provide feedback, formally and informally Specific Timely Positive manner Conduct progress reviews View as a tool, not a punishment Measure what is important, not only what is easy Use multiple measures

Developing Address poor performance Take action for sub-standard performance as well as unacceptable conduct Communicate clearly Provide positive, constructive feedback Increase supervision and work closely with employee Positive reinforcement for good performance or conduct Assign a mentor Skill training (classes, online and on-the-job) Checklists

Developing Improve good performance Training and classes Assignments that introduce new skills Higher levels of responsibility Improving work processes Cross-training and job rotation Mentorship “The only thing worse than training your employees and having them leave is not training them and having them stay.” ~Henry Ford

Rating Summarize performance Assign the rating of record Compares performance over time and across employees Assign the rating of record Based on work during entire appraisal period Useful in granting pay increases and making other employment decision

Rewarding Recognize and reward good performance Formal and informal Ongoing Intrinsic rewards Provide meaningful work Autonomy Opportunities for an employee to show his/her competence Facilitate professional development Extrinsic rewards Money Verbal praise Public recognition or awards Promotion

Progressive Discipline

Progressive Discipline Start a discipline policy. Progressive discipline is best practice. Counsel employee formally when discipline is needed. Always take action immediately. It doesn’t get better with time.

Progressive Discipline Steps in progressive discipline Verbal discipline Written discipline Suspension Termination

Progressive Discipline Is it performance or conduct based discipline? Is it can’t or won’t?

Other Issues Can’t I do what I want with an employee in an “at-will” state? I’m not firing an “employee.” I’m firing an “independent contractor.” Should I just tell the person, “you’re fired?”

Retaliation

Retaliation One of the most common reasons for lawsuits. Retaliation, or the appearance of retaliation, can take many forms: discipline, reduction in salary or status, denying benefits of employment. Employee only needs a “good faith belief” that a wrong occurred.

QUESTIONS? Danielle Heinisch dheinisch@vfw.org 816-968-1135 John Muckelbauer jmuckelbauer@vfw.org 816-968-1140