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

2. 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.

3. 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 (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

4. 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

5. 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

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

7. 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

8. 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?

9. 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

10. 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

11. 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…

12. 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?

13. 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.

14. More Questions?
Contact Me: Kristina Dietrick, President Creative Business Solutions (785)