The end of the last millennium brought with it enormous changes to the workplace — and concomitant pressures for employers. In addition to huge technological advances, the advent of globalization and the proliferation of mergers have transformed the way we do business. As a result, motivating, guiding, and keeping employees who are part of a rapidly changing workforce and business environment have become monumental tasks for employers at the dawn of this new century.
At the same time, you must deal with record numbers of disgruntled, suspicious, and apathetic employees. Employee lawsuits have reached an all-time high and are still rising. Managing problem employees in the face of our increasingly litigious society is one of human resources' most serious challenges today.
Avoiding litigation is a powerful motivator. But retaining an under-performer for fear of litigation can be equally unappealing. More often than not, your best bet is to implement strategies set to improve the employee’s performance. Of course, good hiring techniques and job descriptions are the seeds of good policies for avoiding under-performers.
When these strategies fail and firing is the only option, the accuracy of your documentation, especially your performance evaluations and any disciplinary memos, as well as the effort you put into implementing fair policies in your work environment can mean the difference between time in the court room and a good, clean break from a poor employee.
Related articles on Problem Employees from the State Employment Law Letters designates additional valuable resources available exclusively to Employment Law Letter subscribers