How do you get rid of a problem employee?

If you have ever owned your own business, or if you have ever managed people, you most likely have come across this problem: “How do I get rid of a problem employee?” Let’s use the following as our example:

 

You have an employee named Mary, who for a couple years now has taken up most of your time. She comes in late, or she calls off sick. When she is in a bad mood, she can be neglectful or even disrespectful to co-workers or clients. She doesn’t support any new initiatives, because she thinks the way things have always been done is just fine. She seems to infect others with her lack of enthusiasm, and she seems to spread indifference across those she works with. And yet, you have only commented to her a couple times that you wish she’d improve her attitude. The rest of the time you’ve spent trying to keep everyone else motivated to step it up. You’re tired of dealing with Mary and her distractions, and you’re ready to move on.

 

Oh yea, and the kicker is that she’s over-forty, a minority, and has a bad back from lifting a box in your back office. This makes you feel that she’s “untouchable,” because if you fired her, she would probably sue.

 

Three step process

 

So you’ve determined she needs to go… But how do you do it without getting sued? Without completely disrupting your normal business flow? You can do this, as long as you follow three steps:

 

1. Set expectations in writing, and have the person sign and date that document. Set a time for checking back in on those expectations.
2. Meet again to discuss progress, what expectations are being met and not being met, get signature on that document.
3. Warn the employee that they will lose their job if they do not change their behavior, get signature on that document.

 

I’m sure you said, “Easy for you to say, hard for me to do.” This is an inherent challenge in managing people: having to affect their lives in a negative way (firing them). But it must be done, or things will never improve. Other employees, including those who are hard workers, will follow the negative lead if you do not take action. If you take the proper steps, and are prepared, then you can terminate the employment of this person, and improve the office or business culture.

 

Document, document, document

 

Written documentation is never an easy thing to put together. The best way to handle this is to have a system or process in place that you can lean on when there are challenges. For example, if you give someone a list of tasks they must accomplish every day in order for your business to succeed, and you have them sign that document, then you have established expectations. That’s a great start! If you formalize these lists, they are the basis of job descriptions (a key employment document along with an employee handbook).

 

The second step is to create on-going check-ins to identify tasks that are being accomplished to your expectations, and to tell the person (in writing) where they are not doing enough. An example of this is an annual performance appraisal, but it could be a simple monthly check in (with a written document, so the employee can not say, “you never told me that.”).

 

The next step is to put the person on notice that their actions are so bad that you will take serious actions if they do not change their behavior. I like to start this serious document with the following line:

 

“This is a written warning. Your job is in jeopardy. It is essential that you take

the necessary steps to improve your performance and to sustain that improvement.

Failure to do so may result in further disciplinary action, up to and including

termination of your employment.”

I especially like the bolded part, because it makes it very clear that you are the decision maker, and you will take action if the employee does not improve.

 

The final step is the termination meeting. You must be prepared. Depending on the size of your organization, and the tension of the meeting with this person, I recommend that you seek counsel/advice on this final step with either a Human Resources expert, or an employment lawyer. They will help determine how at-risk you are for any litigation, and what steps you can take to mitigate that risk.

 

Advice for the meeting

• Say what needs to be said in as few words as possible. Do not hesitate during your delivery of this message, because hesitation creates tension.
• Be as honest about what you and the business need to succeed, and what actions the person is/was doing that negatively affected those needs.
• Maintain eye contact with them when you say things like, “I know you are a good person, and some of the tasks you did for the organization were good.”
• But drop your eyes, and be as respectful and kind as you can when you deliver, “I know this is very difficult to hear, but as your manager, I must say it.” And, “We both know this situation wasn’t working well, and there will be other, better opportunities for both sides.”
• Let the person maintain their dignity. Do not make them clear out their desk/cube/locker on a Friday at 3pm, in front of the rest of the staff. Attempt to have the meeting when others will not be around to witness it.
• Never agitate the situation, even if provoked. For example, if the person tells you that you are a heartless (insert expletive), do not respond with, “You’re fired! I’m glad you’re gone!” Let the person walk away with the last word, because it may make them feel a bit better about getting that last word. If you must respond, then say something disarming like, “I am really sorry you feel that way. I truly hope you find another opportunity that makes you happier."

Conclusion

 

While it is never easy to end someone’s employment, it is a necessary and essential part of a manager or owner’s job. It’s telling the truth, and holding people accountable. The good news is, if you begin documenting expectations BEFORE there are issues, these processes are easier, and also less frequent.

 

Remember to follow the three step process, making sure to document each step in writing, and to deliver the message in a respectful, calm, and prepared fashion, and you will be able to complete this very difficult process.