Communicate your expectations immediately and clearly to your employees, and quickly address any bothersome issues such as tardiness or unsatisfactory performance with the employee, even if he or she is a new hire. Many employers are extremely forgiving for the first few months with any new hires, and while fairness is important, the early months of the relationship is the critical time to establish expectations. On an ongoing basis, if your employees miss the mark or do not live up to your expectations, you should counsel them in person and coach them specifically on how to correct their mistakes. The guidance you or your managers provide should always be followed up in writing.
Document everythingDocumentation is key in both preventing lawsuits and winning them. Effective documentation includes written warnings (or other formal performance or counseling documentation), letters, memos and emails. Don´t forget to make and keep notes about in-person meetings or phone conversations with employees. In particular instances, it may be a good idea to keep evidence of poor performance, such as an error-riddled report. Keep some examples of the employees´ work in a file in the event you need it later. Paper and electronic trails create the necessary evidence should a case go to court.
Implement standard human resource policies in your workplaceIt is critical to establish policies and to document your company´s practices. One of the most important tools any company can have in the workplace is an employee handbook. Employee handbooks help outline what is expected of every employee, and they also help orient new employees to the values and culture of your company. Once you have established your policies, those practices should be consistently and fairly applied to every employee.
Be consistent and be fair to every employeeIt is important that your company and your managers be perceived as fair and that they are consistent in their dealings with employees. When a case goes before a jury, what is put under the microscope is the intent of the employer. Was the employee fired or disciplined for poor performance, or was she fired because she was of a particular race or sexual orientation? Or was she simply too old? These questions are easy to conjure and are often used by employees´ attorneys to plant doubt in the minds of the jury. However, your company may be able to prevail against such accusations if you have a reputation for (and history of) fairness and integrity. Also important in every case is the perception of employees. What did the disciplined employee believe was the basis of your action? What did other employees (who are potential witnesses) believe?
Be straightforward with every employeeLet´s face it...no one likes to give or get criticism. But that is one of the key roles that you and your managers serve in the workplace, especially during a performance review. Without constructive criticism, employees think they are doing okay even though they may not be; and therefore, they cannot improve their performance. By doling out "satisfactory" performance reviews when an employee has performed less than satisfactory work, you may be setting yourself up for a negative outcome should that employee ever take you to court. So the bottom line is to always be honest and truthful. It will only help your employees...and you and your company.