Comments on: What would you do: Bad time to fire poor performer

By: Carol

Carol — Thu, 26 Mar 2009 14:51:41 +0000

The first question is did you document his performance? If not, you need to start immediately. If he were to pursue legal action you need proof of his lack of performance and to show that you gave him every opportunity to get on track. If there is documentation, he should be terminated based on poor performance. His family issues do not come into play nor should they. I also agree with a follow up meeting with only those employees in his department letting them know he was let go and how his work will be covered until a replacement is named.

By: JBird

JBird — Mon, 05 Jan 2009 18:17:31 +0000

You can’t fire him now. It would be a huge mistake. The first wrong thing that happened here is that poor performance was allowed to continue for an entire year. Huge error. Since this company has lived with this issue for over a year here is what I would suggest…Transfer Ronnie to another department or job duty, assign him a mentor, meet with him to discuss future performance goals, explain in great detail what FMLA is and how it works, and count my blessings that I work for a company that does not kick a person while he is down. You will reap the rewards of these actions over and over.

By: CJ

CJ — Tue, 18 Nov 2008 20:08:23 +0000

Jonathon is absolutely correct. You have opened the door for problems by not handling more swiftly. As far as a severance package, typically most companies do not give severance for poor performance. Severance should be used when there are lay-offs or job eliminations. This is a sticky situation and you better have good notes on file to back up your claim.

By: HR Dude

HR Dude — Tue, 18 Nov 2008 17:11:26 +0000

I agree with Jonathon here. FMLA is a huge factor. If the employee is protected, but has never been offered information of that protection, it could seem that Reese is terming Ronnie based on factors that may be or could have been covered under FMLA. Martha should make sure all protections and company benefits the employee may be eligible for have been exhausted. If Ronnie could be covered, Martha would have to explain that information to Ronnie and give him a certain amount of time to comply. If he isn’t eligible, separation may be in line, so long as Reese followed through with any performance improvement plans he set forth for Ronnie.

However, if Ronnie is able to be covered by FMLA, that doesn’t disclude his obligation to perform as a business need. The business just needs to make certain they have covered all thier bases before considering separation. That way it strengthens thier arguement that the separation was performance based, not on the situation with his daughter.

By: Kathy

Kathy — Tue, 18 Nov 2008 16:37:15 +0000

Previous documentation regarding Ronnie’s poor performance (warnings, probation, PIP’s, etc.) should be sufficient back-up for a termination. Was Ronnie’s performance poor BEFORE his daughter’s illness? Is Ronnie’s performance significantly worse since his daughter’s illness or about the same poor level as always?

Did Ronnie take FMLA during this time, or did he continue to work? If he was on leave, obviously some of his work would not be done. If he was at work, his pre-occupation with his daughter could account for some poor performance.

In my opinion, prior documentation of performance issues is crucial.

If the performance issues have gotten worse since his daughter’s illness, Ronnie should take FMLA to deal with his daughter’s illness. When he returns, he should be counseled re a performance improvement plan with specific time frame and expectations. If he does not meet the expectations, then terminate. Under no circumstances should there be any extras in a severance package. That sets a nasty precedent. Assistance with finding another job would be OK.

No one has suggested that there might be another position, in the same company, that might be better suited to Ronnie. That should be investigated before termination.

Under no circumstances should any meetings be held to discuss this with other employees. Talk about a breach of confidentiality. If an individual asks you about Ronnie you can simply state that all appropriate policies and procedures were followed.

By: Angela

Angela — Tue, 18 Nov 2008 13:33:46 +0000

I very much agree with Michael Moore. The termination is something that needs to be done. Regardless of the issues that have come up with the daughter his performance was never up to par. The employee even knows this by all the warnings.

Everything else to me seems to be fluff. No need to have a severance package as you are terminating for cause not downsizing. Holding meetings to me would be too much since everyone might already know that there was a performance issue.

I know that this may sound cold, leniency has gone on long enough. There would have to be some sort of closure to the entire situation.

By: Jonathon

Jonathon — Mon, 17 Nov 2008 23:47:38 +0000

WATCH OUT!

Ronnie could claim his poor performance was due to his daughter’s disability (she has been very sick for months, she has been in the hospital).

His absences would then be FMLA protected (the phrase “over the last year” was used, implying that he may warrant FMLA protection). If performance is related to attendance in a great way, he could claim that he was terminated for missing work by caring for his sick daughter.

It is easy to say “it is based on performance”, but the manager has shot themself in the foot. They hired him a long ways back, and only now are picking on his performance…now that his daughter is sick. It looks very bad.

I would sit down with Ronnie, show him what is expected of him on a day-to-day basis, ask if he can perfrom the duties as required, and let him succeed or fail based on that discussion. Planning and communication are enormous with all issues like this.

By: J. Niehues

J. Niehues — Mon, 17 Nov 2008 23:38:43 +0000

I agree with Michael Moore…….the termination is a no brainer. Your decision should be backed up with documentation and have some examples available for discussion. If past practice includes a severance package, then follow that practice. You should NOT call the other employees in and discuss their co-worker’s termination. Granted, gossip will cover much of it, but the reason for terminating an employee is considered confidential in our facility. If his performance has been that bad for a long time, the employees will put it together on their own and may be wondering why something wasn’t done sooner.

By: Dana D

Dana D — Mon, 17 Nov 2008 22:56:45 +0000

I totally agree with Michael. If you give this employee extra “perks” or an extra large severance, you better be prepared to that with the next employee you terminate. You do for one, you do for all.

By: Linda

Linda — Mon, 17 Nov 2008 22:47:18 +0000

I agree with Michael Moore, it’s strictly a performance issue, and I would never discuss the issue with any other employee, or hold small meetings, ever. I would not set a presedent with a severance package, either. I would, however, make sure he had exhausted his FMLA if he was even eligible for it, there was no mention. If there is not FMLA considerations, the subject of his daughter would be strictly avoided during the termination process.