training managers to document job performance christensen group insurance thursday, august 22, 2013...
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Training Managers to Document Job Performance
Christensen Group InsuranceThursday, August 22, 2013
Larry J. Peterson Krista L. Hiner
Reviewing Job Performance Must be done routinely and in
writing. Remain objective Use constructively. Be honest. Discuss with employee. Give ee chance
to respond. Have employee sign. Copy in personnel file.
Job Performance Reviews Steps for implementing:
Do a training for managers/supervisors– it will be their responsibility to do these.
Routine contact with employees How to follow up on issues shortly after evaluation.
Ongoing Discipline Tool for a better workplace. Facilitates good
relationships with and among employees Treat all employees equally in the workplace
No gossiping about poor performance with other employees.
If an ee reports another ee’s poor performance to you, remain objective. Do not tell the employee your opinion or analysis.
Document every instance of discipline in employee’s personnel file
When to discipline?
Benefits of Well-Trained Discipline Documentation Educates employees, and allow them to improve Gives those in company with a need to know a
well-recorded history of performance issues. Documentation acts as proof the employee
received notice of their performance issues Proper documentation that occurs as soon as the
issue arises can save you a lot of time in the future. It prevents inconsistencies as parties recall the interaction.
Lawsuits – Juries expect documentation that is shared with the employee.
Oral vs. Written Warnings
Written: much better and more useful than oral warnings because: Oral warnings inevitably water down message Oral warnings tend to express subjectivity vs.
objectivity of writing More accurate than memory. Document it now and
save yourself time of trying to sort it out later. Written documentation emphasizes the importance.
In addition to written warnings, managers/supervisors should be trained in: Determining if any investigation is needed. What information to include in that warning. Why it impacted the company poorly. Avoiding unnecessary labels/adjectives (“gross
misconduct”) Don’t accidentally commit yourself to anything How to get employee acknowledgment The importance of doing this immediately.
Termination Pre-termination options:
Policy for progressive periods of suspension? Performance Improvement Plan, Last Chance Agreements
Last Chance Agreements Train them how to terminate. Making sure employee did not recently
complain of discrimination or employer misconduct. Careful of whistleblower actions.
Non-Discipline Issues Employee must verify they meet all licensing
requirements when asked to do so by company. Failure to provide proof is cause for termination.
Teach managers/supervisors to actively engage employees in training
Value of Training Staff Meetings Identifying and reacting to any risk of harm to
clients/residents
Evaluating Your Employees’ Abilities to Perform Essential Job Tasks
Christensen Group InsuranceThursday, August 22, 2013
Larry J. Peterson Krista L. Hiner
How to evaluate ability of applicants and employees to perform essential job tasks. Utilize Job Descriptions
Current? Match real duties? Detailed? What are the essential job tasks? Use professional to observe duties and
draft descriptions.
Post-Conditional Job Offer Inquiries and Evaluations Attach a current and accurate job
description to job offer. Job offer is conditional upon successful
completion of physical fitness screening and impairment disclosure
Request completion of physical impairment disclosure
Request authorization for screening and to receive results of physical fitness eval.
Physical Fitness Evaluation Use a qualified professional. What if the screener concludes that the
applicant cannot perform the essential job tasks?
Duty to accommodate an applicant’s impairment(s).
Obesity In June, 2013, AMA declared obesity is now a
“disease.” What does this mean under FMLA, ADA, and
MN Human Rights Act? Can your post-conditional job offer physical
fitness screen evaluate obesity? Is obesity now a disability that requires
accommodation? US Court of Appeals in 1st, 2nd, 3rd, and 6th
Circuits have found obesity to be a disablity.
Implementation of Wellness and Fitness Programs Establish policy and explain all
employees are expected to be able to perform all essential job tasks, and that accommodations are made only if economically and practically possible.
Give employees access to professionals who can conduct confidential fitness screen and create fitness/wellness regimen for that employee.
Implementation of Wellness and Fitness Programs Current job duties cannot be eliminated
if it results in lower pay or adverse change in shifts/working conditions.
This should be a voluntary wellness program. If you make it mandatory, then any injures sustained during participation in wellness program are covered under workers’ compensation act.
Documentation & Essential Job Tasks Over time, your documentation of job
performance should record examples, observations, or concerns regarding inability to perform or difficulty performing essential job tasks.
After proper documentation, counseling, and exhaustion of reasonable accommodation efforts, an employee may need to be laid off for failure to perform essential job tasks in a safe and efficient fashion.
Larry Peterson: [email protected] Krista Hiner: [email protected], Logren & Kilbury, P.A.:
651-647-0506