KEEP WRITTEN RECORDS: "Document !Document! Document!" Keep a record of periodic performance reviews, incidents of unsatisfactory performance, conferences where warnings are administered or terminations are announced. Issue warnings and terminations in writing as well as verbally. When dealing with a particularly unstable or vindictive employee, request that the employee sign a written summary of a warning or termination conference to attest to the fact that the summary is accurate (not that they necessarily agree with it).
DOCUMENTATION SERVES TWO PURPOSES: First, it insures that the message has been conveyed. All people's memories of conversations are distorted by emotions and expectations. So it is quite likely that an employee coming out of an emotional warning conference will have a faulty memory of the specifics, unless the memory is aided by a written summary. Second, documentation provides insurance for post-termination confrontations. If the employee challenges a firing, either before an owner, a board, or an unemployment claims officer, claiming that adequate warning was not given or that the firing was groundless, a written record of the entire process should provide sufficient evidence to counter these claims.
KEEP EMPLOYEES INFORMED: A means of avoiding potential confrontation is for the manager is to keep his boss up-to-date on the situation. For a manager who is also the owner of the business, of course, there is no one else to turn to. However, if the executive director answers to a board, owner, or sponsoring group, the appropriate party should be consulted as soon as the possibility of a termination arises. The privacy of the employee must be respected, so prior consultations should be made in confidence. One executive director kept the board's chairperson advised, rather than discussing the situation with the full board. When the terminated employee appealed to the board, the chairperson was able to verify the director's account of the process.
SUGARCOATING A WARNING: Since warning conferences can become quite emotional, key messages sometimes fail to get communicated. Sometimes managers and directors try too hard to cushion the blow by sugarcoating the warning. In one instance a manager went to such lengths emphasizing the employee's strong points in addition to the problem areas that the employee left the meeting unaware that he was close to being fired. A second message is often necessary clearly outlining the specific steps the employee needs to take to meet the manager's expectations. To avoid miscommunication, have the employee state his interpretation of the manager's message to be sure he has an accurate understanding of it.
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CEO, A.E. Schwartz & Associates, Boston, MA., a comprehensive organization which offers over 40 skills based management training programs. Mr. Schwartz conducts over 150 programs annually for clients in industry, research, technology, government, Fortune 100/500 companies, and nonprofit organizations worldwide. He is often found at conferences as a key note presenter and/or facilitator. His style is fast-paced, participatory, practical, and humorous. He has authored over 65 books and products, and taught/lectured at over a dozen colleges and universities throughout the United States.