Let Performance Speak Volumes
Unfortunately, there are times when governmental managers are forced to fire employees. For instance, this could occur if an employee has caused problems, is habitually late or absent, or is not performing up to a satisfactory level. However, that may not be the end of the matter if you have not properly documented the reasons for the termination.
Acton idea: Establish a performance file for each employee. The file should include records of meetings with the employee (e.g., annual salary reviews) as well as notations of unusual behavior and other occurrences during the year. This file will be invaluable in case you are ever called into court by the terminated employee.
When you are assembling information for a performance file, follow these practical suggestions:
- Be consistent. If you write up one employee for a certain type of behavior, you must do so for other employees. Similarly, if you “look the other way” for one, do it for all. Refer to your files to see how you have treated comparable situations in the past.
- Do not let your emotions cloud your judgment. You should avoid personal impressions or unsubstantiated conclusions such as “I think she/he’s a complainer” or “He/she hasn’t performed the same since his/her divorce.” If a statement is inappropriate in general conversation, it is not appropriate for the file either.
- Document behavior with specific data. Instead of simply stating, “He/she has been late several times this last month” or “She/he has consistently failed to meet deadlines,” it is better to provide details. Example: The file may indicate that the employee arrived three hours late on January 15, 2008, after oversleeping.
- Resolve open issues. For example, if tardiness has been a recurring problem, document the consequences for failure to correct the behavior. Provide dates when warnings were given about tardiness and note that the employee was informed that termination of employment would follow the next unexcused occurrence.
- Accentuate the positive as well as the negative. The file should include references to extraordinary work and accomplishments. Try to present a proper balance. If the file is completely one-sided, it may strengthen the employee’s discrimination claim if he or she is eventually fired.
- Do not omit critical facts. In fairness to employees, there may be extenuating circumstances that can mitigate certain types of behavior. Be sure to provide a complete and unbiased summary.
- Have employees read and sign any documents that are going into their personnel files. If the employee refuses to sign a particular document, indicate that fact in the file.
- Follow up. Employees should be allowed to respond in writing to the comments you have made. Include the responses in the file to complete a balanced presentation.
Action idea: This performance file can also help determine salary adjustments and in-house promotions. Include a summary of any notable changes in the file.
At Lewis, Hooper & Dick, LLC, we offer comprehensive services in human resources. Please contact David Lunzmann at (620)275-9267.