WEBVTT 00:00:15.490 --> 00:00:20.720 Look, I just don't have time to fill out those long performance appraisal forms. 00:00:20.870 --> 00:00:24.774 I mean, my people know how they're doing because I give them feedback. 00:00:25.160 --> 00:00:28.290 The appraisal is just so HR can say they did something. 00:00:28.510 --> 00:00:32.640 So, I just go through it fast and give everyone "meets" or "exceeds." 00:00:32.650 --> 00:00:36.753 That way they're happy, I'm happy, and we can get back to some real work. 00:00:37.920 --> 00:00:41.430 As odd as it may seem, giving someone who doesn't deserve it - 00:00:41.440 --> 00:00:43.964 a positive appraisal - can get you into trouble. 00:00:44.230 --> 00:00:46.617 I can't tell you how many times a manager has told me 00:00:46.628 --> 00:00:48.555 they want to terminate an employee, 00:00:48.566 --> 00:00:51.285 but the performance appraisal says they are a good worker. 00:00:51.581 --> 00:00:54.209 Sure, if their performance has changed, that's one thing. 00:00:54.365 --> 00:00:57.916 But often the manager says their performance has been bad all along, 00:00:57.927 --> 00:00:59.294 and they finally got fed up. 00:00:59.771 --> 00:01:03.841 Well if the performance appraisal says poor performance "meets standard," 00:01:03.852 --> 00:01:05.544 you can't fire them without warning. 00:01:05.794 --> 00:01:07.580 Sure, you can change your standards, 00:01:07.591 --> 00:01:11.053 but you have to let the employee know exactly what the new standard is - 00:01:11.064 --> 00:01:13.470 and you have to give them plenty of time to improve. 00:01:13.927 --> 00:01:16.205 That might include sending them to training, 00:01:16.216 --> 00:01:18.360 meeting with them one-on-one, or other actions 00:01:18.370 --> 00:01:20.341 to show you are treating them fairly. 00:01:21.090 --> 00:01:24.006 Now if you've been giving good appraisals and all of a sudden, 00:01:24.017 --> 00:01:26.720 the employee engages in misconduct, that's different. 00:01:27.126 --> 00:01:30.841 Let's say the employee is a great worker, but one day they get in a fight. 00:01:31.279 --> 00:01:34.006 Fighting might be grounds for immediate termination. 00:01:34.017 --> 00:01:38.019 But here again, you have to be fair. You - or more likely, HR... 00:01:38.029 --> 00:01:41.322 has to investigate all the circumstances leading up to the fight. 00:01:41.530 --> 00:01:44.490 If the other guy hit first, maybe this employee should not be disciplined 00:01:44.501 --> 00:01:46.220 if he was merely defending himself. 00:01:46.760 --> 00:01:50.236 You also have to investigate in cases of poor performance. 00:01:50.430 --> 00:01:52.230 You should sit down with the employee, 00:01:52.240 --> 00:01:55.603 tell them you've noticed a slip in their performance, and ask them why. 00:01:55.783 --> 00:01:57.079 It might not be their fault. 00:01:57.189 --> 00:02:00.873 Maybe one of their co-workers is failing in their job, and that's affecting them. 00:02:00.884 --> 00:02:02.759 Or maybe they have a serious health condition... 00:02:02.770 --> 00:02:04.986 or they are caring for a disabled veteran at home. 00:02:05.263 --> 00:02:08.489 There could be all sorts of reasons that you might have to accommodate. 00:02:08.541 --> 00:02:12.150 So, discipline should never be the first thing you do - talking is. 00:02:12.529 --> 00:02:15.829 And speaking of your organization's policies and procedures, 00:02:15.839 --> 00:02:19.154 make sure you know what they are. You need to follow them exactly. 00:02:19.326 --> 00:02:21.483 Before you write your first disciplinary warning, 00:02:21.494 --> 00:02:25.089 you should talk with HR and make sure you are following the rules. 00:02:25.216 --> 00:02:27.685 Get their advice on how to write the warning, too. 00:02:27.943 --> 00:02:29.791 If your organization has a union, 00:02:29.802 --> 00:02:32.280 then you have to follow the union contract as well. 00:02:32.810 --> 00:02:36.251 The good news is, if you follow all the policies, 00:02:36.262 --> 00:02:38.451 give accurate performance appraisals 00:02:38.462 --> 00:02:41.240 and treat employees fairly by investigating 00:02:41.251 --> 00:02:43.240 and giving them a chance to improve... 00:02:43.250 --> 00:02:46.009 you can terminate them without worrying about a lawsuit.