You fired your junior-level employee who wasn’t performing well. You’re sure the firing was by the book, so you’re not worried about negative consequences.
But *should* you be?
It’s not just lawsuits– and the underperforming employee might not be your real problem.
Got your attention now? Good. Read on, as I dig a little deeper…
A former executive assistant for a NY-based workers’ association found last year reportedly wrote a scathing review of her boss (and the organization) on Glassdoor.
That employer has reportedly been unable to fill the vacancy created by the executive assistant’s firing last year, and candidates during interviews apparently mentioned points contained in the review. Allegedly, the board intervened and fired the executive assistant’s boss.
Here are some of the points in her review:
– No proper training, making it hard to figure out tasks and responsibilities and leading to avoidable blunders;
– Micromanagement, coupled with lack of constructive feedback, leading to a toxic work environment;
– Poor and untimely communications, causing confusion and missed deadlines;
– Lack of goal mapping, strategic planning, and targets to aim for, making it hard to measure progress or success or even to stay motivated.
Maybe this employee wasn’t a fit for her job, but who’s to say? The review points to systemic issues in the organization. Whether or not she was a fit for the job, I’m going to go out on a limb and say she wasn’t the problem. In fact in not supporting her, and instead firing her, they may have actually lost a good employee.
They may have made a bad hiring decision with her boss. Bad hires are estimated to cost at least 30% of the employee’s first-year earnings — and this was a manager earning a manager’s salary. Or maybe that manager also was not supported. Did that manager have any management training? Many managers are hired because they were good at a previous job, without regard to managerial skills. For example, a top salesperson may not have what it takes to be a good sales manager.
What does this organization’s hiring process look like? While the employee doesn’t mention it, if the organization is as unfocused as she describes, if its environment is as toxic as she describes, there probably are, or have been — or will be– legal issues as well.
Yes, you should document performance issues. Yes, you should communicate clearly. Yes, you should follow employment laws. This should all go without saying.
But even with all that you will, on a regular basis, need to zoom out and look at the big picture. If you are not providing your employees the tools to succeed, if you don’t provide your managers with the training they need to properly manage without breaking laws, then you risk lawsuits, you risk turnover and you risk not being able to hire and retain good employees.
I’ve made this last point many times. This story illustrates it in spades.
A proactive approach to managing your workforce (with which your friendly employment counsel and HR professionals can help) can not only save you from all of the above, but can also be an invaluable resource for building and maintaining your company’s brand, — and dare I say it — bottom line.
I think I’ve made my point, so I’ll stop here — for now.
Struggling with managing and unraveling the tangled web of employee leave under FMLA, ADA and Workers’ Comp? Well, you don’t have to struggle anymore. Access the recording of my online training, “What You Need to Know About the Overlap between FMLA, ADA and Workers’ Comp” . It’s packed with information, tips and 1.5 SHRM CEU credits. (While there’s a cost, I promise there’s plenty of value, so please check it out!)
Are you an employer interested in proactively addressing workplace challenges and company culture? Visit my website, http://www.janetteleveylaw.com to contact me for a complimentary 20-minute consultation.
Contents of this post are for educational/informational purposes only, are not legal advice, and do not create an attorney-client relationship. Consult with competent employment counsel in the state(s) in which you employ people with your specific questions.
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