Video Vignettes ID: 2962

Evaluating Performance & Progressive Discipline (from It's the Law™)

Managing Legal Risk Using Progressive Discipline

Unless an immediate termination is called for because of severe misconduct or major error, most terminations are the culmination of inappropriate conduct, unsatisfactory performance, or poor attendance that have built up over time. Most organizations follow progressive discipline steps in these situations. And progressive discipline is usually required in union collective bargaining agreements. It’s important to be careful, fair, accurate, and consistent when issuing disciplinary or corrective actions—and when evaluating performance.

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A performance review really shouldn't contain any surprises. It should confirm and reinforce the feedback you've given an employee throughout the review period. That's why you should continually document that feedback, including what the employee did well, what the employee did not do so well, and the actions you took - so you can refer to them in the performance review. It makes completing those performance reviews much easier and less likely to be based on what happened in the last month or two.

Having written record of what happened, what you said, what you did, what the employee said and did, is critical.

More From the Series: It's the Law™: The Legal Side of Management

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Competencies

  • Developing Core Leadership Skills
  • Managing Legal Risk

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