1. Confronting an Employee during a Counseling Session
Performance orientation
Deterioration
Confidentiality
Exemptions
Improvements needed
Diagnosis
Responsibility
Moralizing
Sympathy

2. Discipline

3. Hot Stove Rule
Advance warning
Immediacy
Impartiality
Consistency

4. Choose a time and pace that ensures privacy and freedom from interruption
Have your facts in writing & clearly understood
Be businesslike and serious
Adopt a pleasant approach
Take charge of the meeting. Lay out case with specifics. Get agreement on essentials and listen for new information

5. Be clear about the fact that behavior is at issue, not the person
Try to get commitment for improvement and no repetition of any offenses

6. Tips for Giving Feedback CCH Business Owner’s Toolkit
Get to the point
The purpose of this meeting is..
I asked you here to discuss…
I want to spend some time discussing how you….
State why you are having this conversation
I have a concern about…
A problem has occurred in…

7. 4. Describe the consequences of the continued behavior
3. Describe what you know
I saw….
When I was told, I looked into the issue by…
4. Describe the consequences of the continued behavior
If this continues, then…
5. Describe how you feel about what you know
I am very concerned about…
I am upset that errors make us look bad…

8. 6. Encourage the other party to give their side of the story
That is what I saw, but what is your view…
Is that the way it happened…
What is your reaction?
7. Ask as many questions as you need to understand the situation from the other person’s perspective
Well, how do you know that…
And then what happened?..
If you did that, then why did….

9. 9. Summarize the conversation 10. Follow up I will contact you next…..
8. Decide what specific actions must be done, when, and communicate that to the employee.
I believe you must…
Before the next meeting, you will…
9. Summarize the conversation
Let’s recap. You will… and I will….
10. Follow up
I will contact you next…..

10. Termination

11. Termination Last resort Extreme actions Gross insubordination
Drunkenness on the job
Willful destruction
Serious cases of dishonesty or theft
Bringing a firearm on company premises
Violence toward others

12. Can you legally fire someone?
Wisconsin – YES
Most states are employment-at-will
Exceptions:
Contract
Implied contracts
Public policy
Bad faith
Other state/federal laws
For refusing to break a law
In retaliation for filing a discrimination or safety claim
For taking leave under the Family and Medical Leave Act
Without following its own stated procedure or policy
For reasons not contained in the employment contract, if one exists
Bad faith – fire someone right before they retire so you don’t have to pay retirement benefits

13. Companies held legally liable for not firing when employer is aware that the employee may cause harm to others and does nothing. If a future incident occurs, the employer is liable.

14. Avoiding lawsuits regarding termination
Investigate thoroughly, especially the incident which lead to firing
Use fair rules and procedures
Let employees know what they are
Use regular performance appraisals
Document
Don’t fire on the spot or in anger

15. Termination meetings Prepare a checklist or summary
Give reason for discharge
Seek out employee’s explanation and alert attorney/HR if necessary
Stay firm with your decision
Explain benefits
Review job reference policy
Retrieve company items

16. May use termination release form which releases company from any liability