One Last Chance

April 14, 2005

Whenever you encounter a problem with an employee's performance - whether it be poor attendance, disruptive behavior, or substandard work - the preferred approach is to schedule a private meeting with the employee, discuss the situation, and explain your expectations.

This approach usually works because most employees truly want to do a good job and need little more than a reminder from time to time. If told there's a problem with their performance, they'll do their best to correct the problem.

However, every once in a while you may encounter an employee who does not respond to these coaching sessions. Perhaps you've talked to this person and explained there's a problem with his or her performance and what you want instead. You even explained why the particular standard or expectation is important in this case, and offered any additional training, coaching, or assistance as appropriate.

Nevertheless, the employee either denied responsibility for the problem performance or was unresponsive at best.

I once had an employee who couldn't get along with one of his coworkers. It wasn't that he was disagreeable by nature. In fact, to everyone else on the team he was friendly and helpful. I never could tell whether it was a case of job envy or merely a personality clash. But, for whatever reason he just had it in for this one individual. He was uncooperative, refused requests for information or assistance and bad-mouthed the coworker behind her back.

On two separate occasions, I met with him privately and told him about my concerns. He said very little, but shook his head no both times when I asked if there was any reason why he couldn't meet my expectations.

Still, the uncooperative, instigating behavior continued.

What can you do when this happens? How do you put a stop to this type of disruptive behavior?

In my case, I knew that any additional coaching sessions would be a waste of time. I had already talked with this individual twice about the problem behavior and still, nothing had changed. Therefore, I had no reason to believe that another coaching session would do any good. Clearly a stronger response was needed.

It is precisely at this point in the process where many managers are tempted to exercise their authority and try to force the employee into compliance. They proceed to "write up" the employee using a disciplinary approach. They reason that, since talking hasn't worked, it's time to take action and show the employee who's boss. So they use some form of reprimand or warning, threatening a more severe penalty if the behavior continues.

The trouble is, this heavy-handed approach doesn't work either. The threat of punishment is usually counterproductive because it puts the employee on the defensive and creates an adversarial relationship between the supervisor and the employee. The employee ends up feeling like the victim and may begin to look for ways to retaliate or "even the score."

You see, it's impossible to make someone to want to do something. People behave in ways they feel are in their own best interest, not yours. And trying to force your wants onto theirs often results in a test of wills, which can escalate into a full-fledged conflict between you and the employee.

So, what else can you do?

Your best chance of getting the employee turned around at this point is to help him understand that he is responsible for his own behavior and there are natural consequences - both positive and negative - to whatever behavior people choose. In order to do that, the employee needs to feel in control of his own actions. In Expert Supervisor, this step is called a Decision Memo.

Here's how to do it.

1. Discuss the situation with your HR specialist or manager first, to be sure you have their support. Ask for their assistance in this matter.
    
2. Schedule a private meeting with the employee. Arrange to have your HR specialist or another manager present at the meeting. Having another manager present conveys a level of urgency and importance to the meeting. It's also helpful in the event you need a witness to what was said.
    
3. Begin by reviewing the history of the situation, including the dates of any previous coaching or reminder sessions, and advise the employee that the problem must be corrected immediately. Discuss whether the job and the company is a good fit for the individual. For example: "George, your behavior is unacceptable because it's disrupting the work. We need to get this problem resolved immediately."
    
4. Tell the employee you want him to give serious thought to whether the job and the company is a good fit for him. Explain that you will have another meeting in a day or so, at which time you will ask him to make a decision about whether he wishes to remain with the company. Be sure to offer any additional help in the form of coaching, counseling, or training, as appropriate.
    
5. Tell the employee you hope his decision will be to stay, but if it is, you will ask him to make a commitment to you - in writing - that he can abide by the company's standards and expectations. Make it clear that failure to do so may result in termination.

Following the meeting, prepare a memo addressed to the employee, summarizing the discussion. Then be prepared to present the memo to the employee at the follow-up meeting.

I recommend you have the employee sign the Decision Memo, acknowledging the facts as they are presented in the memo and pledging their commitment to fulfill the company's standards and expectations. View a sample decision memo for the situation I described above.

A Decision Memo may be your last chance to get an issue resolved with the employee. Furthermore, it presents some serious consequences for both you and the employee. Therefore, it shouldn't be taken lightly.

Before initiating this step, ask yourself the following questions.

• Are your expectations of the employee reasonable in this case? Is the substandard performance really important? Can you demonstrate that it is having an adverse effect on the work?
   
• Are the facts indisputable? If the employee disagrees with your assessment of the situation, make every effort to resolve the differences before proceeding to a Decision Memo. If the employee delibarately refuses to accept the facts even when they are clearly true, make sure you have convincing evidence and the support of your HR specialist or upper management before proceeding.
   
• Was the employee given sufficient warning that such behavior is not acceptable? In most instances, the employee is given at least one, and usually two, coaching sessions before initiating a Decision Memo. The exception is when it involves a serious situation, for example when an employee threatens another with physical harm, in which case you might initiate a Decision Memo on the first occurrence.
   
• Is the situation serious enough to warrant discharge if it continues?
   
• Are you prepared to follow through? Don't initiate a Decision Memo unless you are prepared to follow through with termination, should it become necessary. Otherwise, you will lose your credibility with employees.

So, how does a decision memo differ from a traditional warning? Don't they both equate to an ultimatum: shape up or be discharged? What's the difference?

Mainly, the difference is in the tone of the discussion and in the words that are used. In contrast to a warning, which comes across as coercive, the decision memo is carefully designed so that the employee feels in control of the situation at all times.

Does this technique work?

Experience has shown the Decision Memo to be an effective tool for getting a performance issue resolved without a major confrontation. In many cases, the employee finally realizes how serious the situation is and modifies their behavior accordingly.

Other times, the employee will voluntarily choose to resign rather than face possible discharge, which is what happened in my situation. The difference is that a potentially volatile situation was diffused because the employee quit voluntarily.

Either way, the Decision Memo is an effective way to put an end to disruptive behavior or poor performance.

Best regards,

Stephen Foster, Ph.D
Expert Supervisor, LLC
1493 Market Street
Tallahassee, FL 32312
(850) 893-5699

E-mail me at: Steve.Foster@ExpertSupervisor.com