WEBVTT 00:00:00.052 --> 00:00:04.100 ...and Lorie is careless, forgetful and distracted... and... 00:00:04.128 --> 00:00:05.194 and Max, well, 00:00:05.209 --> 00:00:08.645 Max could use an entire attitude transplant! 00:00:10.194 --> 00:00:12.434 Too bad our health insurance doesn't cover that. 00:00:12.449 --> 00:00:13.983 Yeah, no kidding. 00:00:14.167 --> 00:00:16.480 Anyway, doesn't matter what I say to these two 00:00:16.496 --> 00:00:18.736 they just won't get with the program. 00:00:18.868 --> 00:00:20.207 I'd want to fire them both. 00:00:20.222 --> 00:00:21.236 Be careful, Syd. 00:00:21.251 --> 00:00:22.668 No, I'm serious. 00:00:22.712 --> 00:00:23.814 So am I. 00:00:23.855 --> 00:00:27.694 There's a lot at play here. Things like protected classes 00:00:27.794 --> 00:00:30.671 I mean... to start, do you have good documentation? 00:00:30.687 --> 00:00:33.172 Yeah, I think so. I mean... 00:00:33.223 --> 00:00:35.307 all of Max's timesheets are on file and 00:00:35.323 --> 00:00:37.826 I'm sure we've got something on Lorie... right? 00:00:38.115 --> 00:00:41.368 Anyway. I've warned them both plenty of times. 00:00:41.421 --> 00:00:43.190 And that's what's important, huh? 00:00:43.595 --> 00:00:45.105 I used to think so. 00:00:45.276 --> 00:00:46.928 What do you mean ‘used to'? 00:00:47.006 --> 00:00:50.077 Well... in my last job, when I worked in operations 00:00:50.093 --> 00:00:51.980 I had to fire an employee. 00:00:52.190 --> 00:00:54.190 Did I ever tell you what happened to me as a result? 00:00:54.314 --> 00:00:56.008 No. What? 00:00:56.100 --> 00:00:59.402 Well, I got a little visit from our firm's attorney.... 00:00:59.490 --> 00:01:00.790 It seemed that this person, 00:01:00.806 --> 00:01:04.931 whom I heard on more than one occasion being rude to customers, 00:01:05.051 --> 00:01:07.248 had filed a wrongful termination suit, 00:01:07.301 --> 00:01:08.757 and not just against the company, 00:01:08.787 --> 00:01:10.935 but against me personally. 00:01:11.078 --> 00:01:13.572 But you told the lawyer what you overheard though, right? 00:01:13.587 --> 00:01:18.311 Well sure, and the lawyer at first was very, very encouraging. 00:01:18.397 --> 00:01:21.051 She said as long as I had good documentation, 00:01:21.071 --> 00:01:22.907 I had nothing to worry about. 00:01:23.045 --> 00:01:24.849 Then I showed her the file. 00:01:25.528 --> 00:01:28.534 The whole process was a nightmare! 00:01:28.845 --> 00:01:32.597 Based on what you've shown me, I want you to know how serious this is. 00:01:33.261 --> 00:01:35.175 So, let's go through what it might be like in court. 00:01:35.267 --> 00:01:36.972 I'll pretend to be the Plaintiff's attorney. 00:01:37.026 --> 00:01:38.091 Are you ready? 00:01:40.515 --> 00:01:45.549 Ms. Perez, when you say that my client's performance had seriously deteriorated, 00:01:45.564 --> 00:01:48.648 do you have any documentation giving specific examples of this? 00:01:48.754 --> 00:01:50.575 Only what I observed. 00:01:50.745 --> 00:01:53.909 You said that customers complained that she was being discourteous. 00:01:53.948 --> 00:01:54.638 Yes. 00:01:54.808 --> 00:01:55.901 Any letters, 00:01:55.937 --> 00:01:56.799 emails, 00:01:56.826 --> 00:01:57.639 texts, 00:01:57.685 --> 00:01:59.811 recorded conversations of the effect? 00:01:59.925 --> 00:02:01.108 Well, no. 00:02:01.139 --> 00:02:05.536 In fact, isn't this performance appraisal the only documentation on my client? 00:02:05.577 --> 00:02:06.330 Yes. 00:02:06.461 --> 00:02:09.976 Would you please read for the court what you wrote in the performance appraisal? 00:02:10.224 --> 00:02:12.554 It says ‘satisfactory'. 00:02:12.630 --> 00:02:14.751 But I was just trying to give her a break... 00:02:14.772 --> 00:02:16.689 she'd been showing signs of improvement. 00:02:16.704 --> 00:02:18.415 So, you admit she was improving? 00:02:18.454 --> 00:02:19.574 But it didn't last. 00:02:19.598 --> 00:02:22.985 As soon as she got the appraisal her performance deteriorated. 00:02:23.048 --> 00:02:24.834 I ask again Ms. Perez. 00:02:24.849 --> 00:02:29.782 Do you have any written documentation on this so-called deterioration? 00:02:30.239 --> 00:02:31.188 No... 00:02:33.117 --> 00:02:35.003 I thought the attorney was tough 00:02:35.018 --> 00:02:37.139 preparing me for what was to come. 00:02:37.334 --> 00:02:38.441 Wow! 00:02:38.661 --> 00:02:40.661 I had no idea! 00:02:41.391 --> 00:02:43.011 We ended up losing the case. 00:02:43.026 --> 00:02:46.696 And I NEVER want to go through anything like that again. 00:02:46.880 --> 00:02:49.561 The company had to pay, including legal fees. 00:02:49.862 --> 00:02:51.462 Did you get fired? 00:02:51.502 --> 00:02:54.522 I was half-way expecting it, but no. 00:02:54.615 --> 00:02:58.428 As a matter of fact, the whole awful experience... 00:02:58.586 --> 00:03:01.084 actually made me a better manager. 00:03:01.099 --> 00:03:03.278 Oh, so you got away with it. 00:03:03.318 --> 00:03:05.992 It wasn't about getting away with it. 00:03:06.097 --> 00:03:08.701 It's about me learning from my mistakes 00:03:08.754 --> 00:03:12.245 and getting the training I needed to prevent future ones. 00:03:12.399 --> 00:03:14.235 What kind of training? 00:03:14.354 --> 00:03:16.526 The kind of training you need. 00:03:16.567 --> 00:03:18.567 Today at 3:30. 00:03:18.763 --> 00:03:21.891 It's the answer to all your problems.