Supervisory Training Series:Dealing with Performance Problems

November 2017

Martha Tetrault

Director of Human Resources

Agenda

• Overview and Resources

• Performance Problems and the ADA

• Legal Issues in Managing Performance

• Listening Skills Revisited

• Coaching for Improved Performance

• Disciplinary Action

• Case Studies

• Questions

Agenda

• Overview and Resources

• Performance Problems and the ADA

• Legal Issues in Managing Performance

• Listening Skills Revisited

• Coaching for Improved Performance

• Disciplinary Action

• Case Studies

• Questions

Role of supervisor in managing performance problems?

• Observer

• Listener

• Coach

• Resource

• NOT:

– friend

– therapist

Resources - College policies

• Code of Conduct• EEO policy • Non-discrimination and Harassment policy • Sexual Misconduct Policy • Disciplinary Policy• Grievance Policy• Sick Leave policy • FMLA policy • Short-Term Disability policy

Agenda

• Overview and Resources

• Performance Problems and the ADA

• Legal Issues in Managing Performance

• Listening Skills Revisited

• Coaching for Improved Performance

• Disciplinary Action

• Case Studies

• Questions

Americans with Disabilities Act (ADA)

Federal law prohibiting discrimination against qualified individuals with disabilities in all conditions of employment (recruitment, interviewing promotions, discipline, etc.)

A disability is defined as a physical or mental impairment that substantially limits one or more of a person’s major life activities.

Key Terms:Undue Hardship

Reasonable Accommodation

Reasonable Accommodation

• May include:

Acquiring or modifying equipment or devices

Job restructuring

Part-time or modified work schedules

Reassignment to vacant position (for which the individual is qualified)

Adjusting training materials or policies

Making the workplace accessible and usable

When is a performance problem a possible ADA issue?

Examples:

1. attendance and/or punctuality problems

2. distracted, listless, misses deadlines

3. withdrawn, unable to focus

4. Others

Caution

• If employee merely mentions disability and/or supervisor suspects that performance concern is result of disability:

Do not make assumptions

Do not voluntarily create accommodations

Contact HR or Title IX coordinator and determine how to proceed

Agenda

• Overview and Resources

• Performance Problems and the ADA

• Legal Issues in Managing Performance

• Listening Skills Revisited

• Coaching for Improved Performance

• Disciplinary Action

• Case Studies

• Questions

10 legal mistakes made by supervisors

1. Mishandle employee complaints

2. Fail to apply policies, procedures and discipline consistently

3. Fail to give continuous feedback and document problems

4. Fail to conduct honest, objective performance evaluations

5. Not following wage and hour law and policies

Legal mistakes (cont.)

6. Create a perception of retaliation

7. Unable to manage conflict before it escalates

8. Not responding promptly to leave and accommodation requests

9. Careless use of email

10. Failure to keep good records

Agenda

• Overview and Resources

• Performance Problems and the ADA

• Legal Issues in Managing Performance

• Listening Skills Revisited

• Coaching for Improved Performance

• Disciplinary Action

• Case Studies

• Questions

Listening: why is it critical

Rules to be a good listener:

1. You can’t listen and talk at the same time.

2. Listen for the speaker’s main ideas.

3. Be sensitive to your emotional deaf spots.

4. Be aware of your personal biases.

5. Listen attentively – body language.

6. Create a positive listening environment

7. Do not trust to memory important information. Take notes.

The Art of Managing People by Phillip L. Hunsaker & Anthony J. Alessandra

Listening (cont.)

7. Let you employees tell their stories first

8. Withhold judgment – many versions of truth

9. Appreciate the emotion behind the words

10. Use feedback – check your understanding

11. Listen critically – key points, hidden messages imbedded in emotion

12.Ask clarifying and open ended questions

The Art of Managing People by Phillip L. Hunsaker & Anthony J. Alessandra

Agenda

• Overview and Resources

• Performance Problems and the ADA

• Legal Issues in Managing Performance

• Listening Skills Revisited

• Coaching for Improved Performance

• Disciplinary Action

• Case Studies

• Questions

Coaching

• Coaching Analysis

– Refer to Fournies flow chart (handout)

Coaching for improved work performance by Ferdinand F. Fournies

Case Study #1

Don is a long term supervisor with ten years in his current role. His position required a combination of field work and records management. His job is to provide quality control for the complex systems in facilities. He has a large crew with various levels of technical expertise and experience. Don has been the go-to person for the department and has been promoted from a skilled tradesperson. In recent months Don has been slowing down, is reluctant to go out in the field, often finding others on his team to do it for him. This has in turn affected the quality of his work and is having a broader impact on department operations.

You have observed this change and others have also brought it to your attention. You have worked with Don for a little over three years and have considerable respect for his work and for him as a person.

What do you as his supervisor do?

Case study #1, part 2

• During your conversation with Don he discloses that he has recently begun to have problems with his knees and feet and finds it difficult to get around campus and into confined spaces as he has in the past. This has caused considerable pain and he is also unable to sleep and finds it difficult to focus.

• How do you respond and what do you do now?

Agenda

• Overview and Resources

• Performance Problems and the ADA

• Legal Issues in Managing Performance

• Listening Skills Revisited

• Coaching for Improved Performance

• Disciplinary Action

• Case Studies

• Questions

Disciplinary Action

• Approach– Depends upon the circumstances and the desired

outcome

– Disciplinary Procedure – not necessarily sequential• Verbal warning

• Written warning

• 2nd written warning

• Suspension

• Termination

What to use when?

Forms of documentation

Written warning

Letter of confirmation

NOTE: all written disciplinary communications must be reviewed by HR.

Performance Improvement Plan

• When to use?

Performance Improvement Plan

Submit to HR before sharing with employee

Additional Resources

• Employee Assistance Program

– E4health

• Confidential employee resources 1-800-828-6025

• Managers’ confidential resource Managers Resource Consulting (MRC) Line 1-877-267-1585

Agenda

• Overview and Resources

• Performance Problems and the ADA

• Legal Issues in Managing Performance

• Listening Skills Revisited

• Coaching for Improved Performance

• Disciplinary Action

• Case Studies

• Questions

Case study #2

• Ann has been at the college for a year. She is a Williams grad, class of 2015 and is now an admission counselor. Her job requires her to travel regularly, meet with high school guidance counselors, read prospective student applications and support the spring Previews program.

• In signing Ann’s p card reconciliations you notice some unusual spending, especially when she is on the road. She is charging movies on the airplane, alcohol as part of room service, and other expenses beyond what is normal for this kind of travel.

• What do you do?

What do you do?

• Review college travel guidelines

• Talk with the controller?

• Talk with her?

• Is there a norm for travel in the department?

Case study #3

George has been at the college for 10 years. He is an excellent carpenter. He is skilled, well-liked by people at the college, both his colleagues and people he works for on campus. He is admired for his craftsmanship.

Lately his attendance has become erratic. He is often late and has missed 8 days in the last six months. His work remains at his high standard, but projects are late and he seems stressed out. He is abrupt with coworkers and leaves immediately at the end of the day. People are wondering what is going on. He looks tired and is out of sorts. Sometimes he smells somewhat unclean.

How do you as his supervisor respond to this situation?

Case Study #3 (cont.)

When you meet with him he tells you that his wife has left him with their two children, ages 4 and 7. He won’t tell you more than this.

• How do you respond to this?

• What resources are appropriate for this situation?

Agenda

• Overview and Resources

• Performance Problems and the ADA

• Legal Issues in Managing Performance

• Listening Skills Revisited

• Coaching for Improved Performance

• Disciplinary Action

• Case Studies

• Questions

Questions and Answers