Ultimate Managers’ Guide - CEDR · 2019-02-13 · Here are some tips for drafting your ad: Start...

Ultimate Managers’ Guide Best Practices for Protecting Your Business and Strengthening Your Team

Copyright ©2014 CEDR HR Solutions

1 | P a g e © 2014 CEDR HR Solutions

www.cedrsolutions.com 866-414-6056

Table of Contents

I. Introduction .......................................................................................................................................... 2

II. HIRING: Building the Team You Want ................................................................................................. 3

Writing the Perfect (and Legal) Job Ad ................................................................................................. 3

Behavioral Interviewing ........................................................................................................................ 4

Legally Speaking: Safe Interview Questions ......................................................................................... 6

A Cautionary Tale: Notes and Photographs .......................................................................................... 8

III. MANAGING: Employee Retention and Self-Correction ...................................................................... 8

Retention Planning: 10 Tips to Keeping Good Employees .................................................................... 8

Getting Your Staff to Self-Correct (AKA Progressive Corrective Coaching) ........................................ 10

Essential Confrontation Techniques for Office Managers (The FIRR Method) .................................. 11

Combatting Bad Attitudes in the Workplace ...................................................................................... 12

Documentation: A Manager’s Best Protection ................................................................................... 13

IV. FIRING: Protecting Yourself When You Think You May Need to Terminate .................................... 15

Evaluating the True Cost of Terminations .......................................................................................... 15

Can this Employee be Saved? ............................................................................................................. 16

I Say “Layoff”… You Say “Lawsuit” ...................................................................................................... 17

Best Tips on Documentation and Terminations ................................................................................. 19

V. Appendix: Sample Forms ................................................................................................................... 20

VI. Exclusive Offer from CEDR HR Solutions ........................................................................................... 24

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Successful leadership starts with knowing how to build and maintain a solid, productive team. Every step

of your management process should support these goals, whether you are hiring, dealing with day-to-day

issues within your practice, or even when you find it’s time to terminate an employee.

CEDR HR Solutions’ Ultimate Managers’ Guide was created to help you navigate some of the toughest

issues managers face when dealing with employees. We’ve collected our best tips on targeting and hiring

employees you want to keep, corrective coaching strategies that will give your employees the opportunity

to improve their own performance, and what to consider when you feel you may need to let someone go.

Properly implemented, these techniques will take you a long way toward building and managing the team

of your dreams. Additionally, we’ve included top points for making sure your practice is in compliance

with employment laws. We’ll help you identify and avoid common problem areas such as:

Are you asking legal questions during your hiring process?

Could your existing employee handbook be used against you?

Are you protecting yourself by documenting all employee performance issues, actions taken, and expected resolutions?

Are you confident that you can make a strong case if you are ever accused of wrongful termination?

Management is not always an easy process, but our hope is that this guide will serve as a resource to help

you ensure that your policies and practices are effective, consistent, and legally compliant.

To download a digital copy of this Ultimate Managers’ Guide, visit www.cedrsolutions.com/umg.

If you have questions about this guide, or more general questions about employment law or HR issues,

please do not hesitate to call CEDR’s HR Experts toll free at 866-414-6056, or email me at

[email protected].

Kindest regards,

Paul Edwards Managing Partner and Co-Founder, CEDR HR Solutions

“It is a fine thing to have

ability, but the ability to

discover ability in others is

the true test.”

– Elbert Hubbard

http://www.cedrsolutions.com/umg

mailto:[email protected]



II. HIRING: Building the Team You Want

Writing the Perfect (and Legal) Job Ad

Successful management begins with attracting the right applicants to your company in the first place. This

requires a very important tactic: advertise to the employees you will want to keep. But how?

First, always start by envisioning your ideal candidate, in terms of qualities and measurable attributes.

What skills or training is required for the open position, and what additional skills would you prefer? What

work style and work ethic are you looking for? A positive, “can-do” attitude that will complement not only

yours, but also everyone else’s in the office, is often worth just as much as technical skills.

Once you know what your ideal candidate is like, review your job description for this position to see if it

matches. (Now is the time to create one, if you don’t have one in place!). The job description is the road

map for your ideal employee. It should summarize the position, list essential functions, and even list

necessary physical requirements. But a good job description is also for your benefit – it will help you hire

better, set expectations, manage, and defend against any unfounded disability discrimination claims.

Once your job description is up-to-date and matches the ideal employee you are looking for, you are ready

to create an advertisement for the position. An effective job ad is like any other marketing material – it

represents the culture of your business. However, you also want to avoid any wording that could be

interpreted as discriminatory. Remember, if it’s in print or on the net, it’s a permanent record!

Here are some tips for drafting your ad:

Start off with a catchy, descriptive headline that includes the position title. Many online job searchers will only see the title, and pass over many that are too general or sound boring.

Make your ad attractive to the best candidates. Assume you are competing for them, and make your ad stand out with enthusiasm and content that creates a desire to work for you.

Make it about them. Traditional job ads focus on what the employer needs, but the best candidates want to know what is in it for them. Include compensation/benefit info.

Motivate the candidate to take action. Put a sense of urgency in the ad so they know the opportunity won’t last long and they must apply now.

Use bulleted lists for easy reading, when applicable.

Include any certification, experience, or education requirements.

Include whether the job is part-time or full-time.

Avoid being “too clever.” Use short sentences with specific language.

The best way to weed out unqualified or undesirable candidates with your job ad is to add a “screening”

task, by requesting that all applicants respond in a certain way. If they don’t apply properly, you can

automatically weed them out because they don’t have the focus, attention to detail, or ability to follow

directions that you are looking for. You will be amazed at how many people will not follow your simplest

directions, fast-tracking themselves to the “pass” pile.

Here’s a sample specific request that works really well:

To apply, please send the following 2 items via email to ___________________:



1. Your resume with contact information 2. Short and thoughtful written answers to at least 2 of the following questions:

How would your previous co-workers describe you and your work?

What about this job is attractive to you?

What does being “in service” mean to you?

Even more importantly, keep it legal!

Discrimination laws cover all stages of the employment relationship, from hiring to firing. Be careful not

to state or imply that you won’t hire people from protected groups, including people of a certain race,

color, ethnicity, national origin, gender, age (over 40), disability, pregnancy, or veteran status. To be safe,

use gender-neutral language and avoid language that may exclude applicants based on age or ability. For

example, avoid saying, “recent college graduate,” “young and energetic,” “athletically inclined,” or “she

will have organization skills.”

Also, be cautious when creating your screening task. Don’t create something that would make it more

difficult for someone in a protected class to comply with your request. Keep it relevant and reasonable.

Include the statement that you are an “Equal

Opportunity Employer” or “EOE”. This will indicate

that you know the laws, and your intent is not to

discriminate.

Finally, don’t be too quick to hire the first person who

comes along. With a really great job ad in place, you

will be surprised how closely the first couple people who walk through your door match your initial list of

ideal attributes and skills. Be patient and let the process play out so that you interview everyone.

Your Secret Weapon to Stronger Hiring: Behavioral Interviewing

When it comes to interviewing your candidates, which would you prefer in response to your questions:

carefully pre-rehearsed answers, or those that reflect their real-life experiences and behaviors?

Considering that this person will be in contact with your patients and representing your practice, there’s

simply no contest! This is why the “behavioral interview” is the secret weapon of any practice owner,

doctor, or office manager looking to make stronger hires. To get a better understanding of this

technique, let’s first look at what a traditional interview involves, and then compare the two.

In a traditional interview, the interviewer asks prospective hires a series of straightforward, open-ended

questions. These questions tend to sound familiar to employers and job candidates alike: “Describe your

greatest strength/weakness as an employee,” “How would you handle [insert hypothetical situation],”

“What 5 words best describe you,” or “Describe what customer service means to you.”

The primary trouble with traditional interviewing is exactly that predictability. Candidates often give

“stock” answers they have heard elsewhere and memorized. (Who hasn’t heard the recommended

“Discrimination laws cover

all stages of the

employment relationship,

from hiring to firing.”



answer, “My greatest weakness is that I work too hard!”) Plus, the back-and-forth exchange in a

traditional interview goes so quickly that you, as the interviewer, tend to do too much of the talking.

By contrast, a behavioral interview is designed to get the candidate talking about skills and behavior

they’ve demonstrated in real-life, prior work (or education, or life) situations.

Here are some sample behavioral interview questions:

Tell me about a time when you had to use patience to calm down a patient.

Have you ever been at-odds with a coworker? How did you resolve the conflict?

Describe a goal you set for yourself and how you met it.

What do you consider your greatest work achievement?

Have you ever disagreed with your doctor about something? How did you handle the situation?

Tell me about a time when you worked effectively under pressure to meet a deadline.

How do you handle interruptions at work? Give examples.

In other words, instead of asking the candidate to talk about their skills or how they might theoretically

behave, ask them to describe skills and behaviors they demonstrated in a prior work situation.

While all of the samples above qualify as behavioral questions, you will want to choose questions for your

own interview strategically. Make sure you have identified a vital skill set that the ideal employee in this

position should have, and then develop a series of questions geared

toward eliciting descriptions of how the candidate demonstrated

those skills in the past. The candidate’s answers should also seem

consistent with the values and attitudes in your practice.

Here’s an example that can easily be modified to fit any position.

Example: Hiring a Medical Assistant. After reviewing your job

description and evaluating your business environment and needs,

you have determined that the most important skills a serious contender needs to have are: Technically

Sound, Customer Oriented, and Detail Oriented, with Excellent Listening Skills.

You can then create a series of questions designed to get the candidate talking about how they

demonstrate and use those qualities and skills.

Quality/Skill: Technically Sound

Tell me about a time when you encountered a patient in pain and your first attempt to help

him/her did not work. How did you ease the patient’s pain?

How do you feel your education has prepared you for the technical aspects of your job? Be

specific. What did or didn’t you learn that you feel has impacted you the most?

Quality/Skill: Customer Oriented

Give a specific example of a time when you had to address an angry customer. What was the

problem and what was the outcome? What was your role in diffusing the situation?

“Ask candidates to describe

skills and behavior they

demonstrated in an actual,

prior work situation.”



In your opinion, what are the key ingredients in building and maintaining successful patient

relationships? Give examples of how you made these work for you.

Quality/Skill: Detail Orientation

Tell us about a job or project that required great attention to detail to complete a task.

Tell me about a time when your attention to detail got you out of a bind at work.

Quality/Skill: Excellent Listening Skills

Describe a situation in which you effectively "read" another person and acted according to your

understanding of his or her needs and values.

Have unforeseen patient problems ever caught you off guard? What happened?

Remember, your goal is to understand how a candidate has already behaved in a given situation, not

to get one “correct” answer. Be clear and detailed when asking questions, and listen carefully. If the

candidate can answer any interview question with “yes” or “no”, or without a situational example, then

reword the question so their only response is a behavioral response. Ask follow up questions if their

answer is not complete. You can then evaluate how closely their responses reflect the skills and

attributes list you created for the position, as well as the values and attitudes in your practice.

On the whole, behavioral interviews are far more likely to provoke honest answers, rather than wishful

thinking or rehearsed phrases that the candidate knows you want to hear. And if the answers aren’t

what you are looking for, this candidate may not be the best fit, and you will know to continue your

search. You may even come to think of these interviews as your secret weapon to making better hires.

Legally Speaking: Safe Interview Questions

We’re often asked how to “stay out of trouble” when it comes to interview questions. Even more alarming,

many employers are not aware of the level of concern they should feel. Have you ever asked an

interviewee, “Do you have children?” Guess what! That was a huge mistake.

While it may seem like political correctness gone mad, even with the best intentions it is easy to stumble

into improper areas of questioning that can get you into sticky legal situations. The laws are designed to

protect candidates from discriminatory practices. It is therefore unlawful to make hiring decisions based

on ‘protected classes’ such as ethnicity, national origin, age, religion, and marital status.

So your safest bet is to stay away from personal lifestyle questions and instead focus on job experience

and potential job performance. But are you aware of how casually off-limits topics can sneak into even

the most seasoned employer or manager’s interview if we don’t stay on guard?

Some inquiries you might make just to get to know your candidate are actually big no-no’s! Asking a

particular question may imply an interest in a protected status, or the candidate’s answer may be

especially likely to reveal this information.



For instance, never ask an interview candidate:

× Where were you born? × What’s your spouse’s name? × ‘Octavio’ is an interesting name, where’s that from? × When is your birthday? × Is that your married name?

Even if you’re just trying to set a friendly, casual tone for the interview, these questions are too likely to

reveal information that you cannot legally take into consideration. You’re better off not knowing.

Instead, ask questions directly related to the hiring process and the job:

Are you able to work in the US on an unrestricted basis? If hired, can you demonstrate proof of citizenship? What languages do you speak or write fluently? (ONLY if job related) I’ll need to see proof you are old enough to work. (ONLY if appropriate)

Hidden pitfalls for the unwary

There are even trickier snares employers get caught in during interviews – and even seasoned practice

owners can get them wrong. Beyond simply announcing your compliance with the Equal Employment

Opportunity Commission (EEOC), there are many other laws and rules you need to take into account.

These include the Americans with Disabilities Act (ADA), which makes it illegal to ask about an

applicant’s mental or physical disability OR perceived disability, and the Federal Bankruptcy Law, which

makes it illegal to discriminate based on bankruptcy or credit. You’ll also want to be careful asking about

arrests and convictions. (Restrictions in many of these areas vary state by state. Employers are welcome

to call CEDR at 866-414-6056 or email [email protected] to check what’s safe.).

You’ll also want to avoid the below areas of conversation during your hiring process.

Don’t touch these topics with a 10-foot Hiring pole:

Aliases

Children/Pregnancy

Organization or club membership (May reveal protected class & irrelevant)

Ability/Disability (Don’t ask anything beyond, “Are you able to perform the essential functions of this job, with or without reasonable accommodation?”)

Emergency contact (Not necessary until after hire)

Gender

Sexual orientation

Health

Availability for weekend work (This can prompt information you’re better off not knowing. If the job will require it, use something like this: “This position requires weekend work/travel/overtime. Do you have any responsibilities that conflict?”)

And if there’s a specific, bona fide, job-related reason to ask your candidates a certain question, then

make sure you ask all candidates for that position the exact same question.




Finally, there are many “safe” questions to ask a potential hire that tend to get the person talking and are

thus far more helpful in determining future job performance. Here are some suggestions:

Why are you interested in this position?

Why did you choose this field?

How would you describe your personality?

Describe a situation in which your work was criticized and how you resolved it.

What have you done to improve yourself over the last year?

Give me an example of how you have performed under pressure.

Where do you see yourself in two years?

What other types of jobs/companies are you considering?

What do you think of your current/last boss?

What are you proudest accomplishments in your career?

What aspect of your work performance could use the most work?

What was your favorite job position? What role did your boss play in making it unique?

In all cases, it’s the skills and qualities needed to fill the position that are important. Focus on those, follow

the precautions given here, and keep an HR expert on call when you need advice. These steps will help

keep you on the right side of the law before, during, and after your interview process.

A Cautionary Tale: Notes and Photographs

Most employers are inclined to take notes during interviews, to help jog their memories later when

making hiring determinations – but you have to be careful. DON’T make notes that could later be used

against you. Remember, anything you write down could theoretically be used as evidence if a complaint

is filed against you later and your documentation is subpoenaed. If you must take notes, keep them

separate from the candidate’s resume or application, and do not record personal characteristics.

Some companies even take a picture of each applicant to remember their faces – don’t fall into this trap!

DON’T EVER take photos of applicants, even to remind yourself who was who. Pictures reveal all sorts of

protected characteristics. They’re even illegal in some states without a job-related reason!

III. MANAGING: Employee Retention and Self-Correction

Keep Your Best Employees: 11 Tips for Better Retention Once you have achieved the team of your dreams, how do you keep them loyal and committed to your

mission and success? Below are some measures you can take immediately to create the right team

environment. We recommend making these 11 tips part of your ongoing management strategy:

1. Clarify Expectations. Within the first two months of employment, put job descriptions in place for

each position and employee, to provide a clear picture of the position’s duties and performance

standards. Revisit this description annually and revise as needed. Great employees like to know what

is expected of them, so they can meet their milestones and leave them in the dust.



2. Listen and Learn. Pay attention in your interactions with employees, and find out what’s important

to them. Don’t get involved in personal drama, but do keep their goals in mind during your

management interactions. Knowing that they are listened to will positively impact employees’

performance. You may even learn of simple ways to make their working conditions, and the office

environment, better for them and everyone.

3. Give Regular Feedback. Coaching and feedback work best as ongoing processes, so don’t save all of

it for formal reviews. Instead, be attentive, and give constructive coaching when it’s needed. Be quick

with informal praise or thank-yous for employees who are performing well or self-correcting an issue

you’ve discussed. Good employees should always feel like you appreciate their work and dedication.

4. Create a Team Culture. Develop a mission statement, if you have not already done so, and make sure

each team member can define their own contribution to the team’s goals. This is also an area you

should work on constantly. When discussing office issues, impart a belief that problems without

solutions are not acceptable. Employees should bring you their suggestions (at least one of which

does not require money) along with each problem identified.

5. Centralize Leadership. A strong team needs a sense of unity and order. Make sure any team leaders

you manage are well trained in your policies, and that everyone uses the same coaching methods and

standards. Back them up on their tough decisions.

6. Empower Employees. On issues where it makes sense, let employees make decisions. This increases

engagement, accountability, and responsibility. Make sure employees feel supported, too: Mistakes

are part of the learning process, and good employees must be allowed to fail so they can later succeed.

7. Lead By Example. It sounds like a no-brainer, but good employees will respect you and the practice

more if your own attitudes, behaviors, and actions demonstrate the professionalism, commitment,

and integrity you expect from them.

8. Offer Incentives. Even a small bonus can do a great deal to incentivize good employees and

infectiously spread good attitudes and behaviors. It’s not the size of the bonus that matters, but its

attainability. Give days off, free lunches, casual day passes, or bonuses for behavior that exceeds your

minimum standards. The “game” of working towards incentives can strengthen your team and help

create togetherness and accountability, making your employees feel both appreciated and engaged.

(Note: Anytime you offer a bonus, put it in writing and make sure everyone understands.)

9. Educate and Train. Helping employees improve their level of knowledge and skill not only improves

and strengthens your own team, but demonstrates to employees that you care about their futures.

Employees who feel that their own professional goals are supported will care more about their

contribution to your practice and see it as a valuable part of their career path.

10. Terminate (Carefully) When You Need To. Keeping “bad apple” employees around too long has a side

effect – and not just on your blood pressure. Too much tolerance for unprofessional behavior, poor

performance, and bad attitudes can make good employees feel that management doesn’t care about

high standards or the work environment, that good behavior is unappreciated, and that employees

who do more than the bare minimum are being taken advantage of. Instead, terminate when you

need to without putting it off. (Make sure you’ve properly documented all coaching attempts, checked



with an expert about risk factors, and have up-to-date, legally compliant office policies, first! And be

sure to read the “Firing” section at the end of this guide.)

11. Implement Rock-Solid Employee Policies. Professionally-drafted, employment-law-compliant

policies support your business by providing consistency, clarity, and protection from employees gone

bad. If you do not already have them in place, CEDR provides top-quality office manuals and

agreements that help avoid conflict and the tensions that lead to employee dissatisfaction.

That’s it – you’re ready to turn employee retention into the rule rather than the exception. And since

great hiring, great leadership, great retention, and a great work environment are all interconnected,

strengthening one or more of those can cause a positive chain reaction that will make your whole

practice a better place to work and manage.

We hope you’ve picked up some ideas about how to strengthen your practice’s team culture, support

your employees more, and retain them longer. Start applying these tips today – you won’t regret it!

Getting Your Staff to Self-Correct One of the greatest management tools an office manager can have in their HR arsenal is the Progressive

Corrective Coaching (PCC) technique. PCC not only works in your favor by communicating clear but fair

expectations and goals to your employees, it also ensures that all corrective communications are

documented should you need to reference them later. When fully embraced, PCC can literally help you

solve any employee problem in your office.

The 5 Steps of Progressive Corrective Coaching:

1. Establish Initial Expectations. This is a key step that must be done with each employee at the

beginning of employment, or when Progressive Corrective Coaching is adopted by the business.

You accomplish this through an updated and professionally drafted Employee Handbook, Job

Descriptions, Alternative Dispute Resolution Policy, and by providing regular feedback.

2. Verbal Coaching. This is the first step in the actual coaching itself. The employee should expect

almost immediate verbal coaching from the office manager when their performance falls short of

your expectations. Office managers should notate in the record that the verbal warning was given,

but the employee does not need to review or sign any documentation.

3. Written Coaching. The move to written coaching provides formality and clarity by documenting

the issues to be addressed, the impact of the performance problems, and the expected correction

the employee must make. It also creates the critical legal record you need to establish the

legitimacy of your actions, now and in the future. Employees are expected to sign a Corrective

Action Form, indicating not necessarily that they agree, but that they have received the coaching.

4. Final Written Warning. This step is similar to Written Coaching, except it includes a notice that

without sufficient improvement or correction, the employment relationship is likely to be

terminated. If the behavior necessitates an investigation to determine who was involved and the

circumstances, this step may be accompanied by a suspension.



5. Termination. The final step, and sometimes an immediate action that must be taken when gross

misconduct has occurred, is termination of employment. This step requires an assessment of the

risks, including whether the employee is in a protected class or has participated in a protected

activity, and what other documentation exists to support the lawful reasons for the termination.

The employee should be given a written termination

letter, stating a reason for the termination.

As you use these Progressive Corrective Coaching techniques

and steps, keep in mind that telling your employees what you

expect of them shows you believe in their abilities. Not giving

employees the chance to self-correct shows you aren’t sure if

they’re capable. Your job as a manager is to guide them by

setting specific and measurable expectations.

Essential Confrontation Technique for Office Managers

Not everyone is comfortable with confrontation. In fact, 9 out of 10 managers express hesitation, if not

outright panic, when tasked with confronting an employee. It’s perfectly human to want to avoid giving

feedback, and instead use the “I hope it gets better” strategy, or even the more desperate “I hope he/she

quits” strategy. But experience tells us that these strategies are simply not effective at either improving

the situation or protecting you legally. In fact, unresolved conflict raises the office’s stress level and

creates a sense of distrust and alienation, often leading to a “volcano effect” in which one of you erupts

under pressure at the least suitable time.

In contrast, effective conflict communication results in increased ownership and commitment to team

goals. Let’s look at a specific approach that will make the task of confronting employees more bearable.

With a clear plan and a little practice, you can master the art of conflict resolution, getting your employees

to respond positively and act on your feedback without resentment or defensiveness.

For your corrective coaching to work, it’s essential that you believe it can work. Employees can sense

dishonesty a mile away. When meeting with an employee, set the tone by establishing the purpose of the

meeting as an opportunity to resolve the conflict. If you haven’t been pursuing corrective actions, as we

mentioned earlier, make sure the employee knows that this is a new policy you plan to use with everyone,

to foster clearer communication and better performance. The FIRR formula is a great way to map out

your conversation, and should be used in tandem with PCC.

FIRR: Fact Impact Reason Request

Facts are specific behaviors that you can see or hear. Ex: “You were 10 minutes late on Monday morning.”

Remember to avoid opinions, as they cause people to become defensive. Using facts reduces the chance

that your employee will disagree, get defensive, or be resentful of your efforts.

“One of the greatest management tools is Progressive Corrective Coaching … it can literally help you solve any employee problem.”



Impact is the result of the fact(s). Ex: “Because you were late, Sarah had to handle two clients by herself

until you came in, and the clients received only half the attention they pay for.”

Reason is where you express that you believe the employee didn’t have bad intentions, and that you

believe the employee is capable of the action you will request. Here, you want to be assertive, not

aggressive, and model the professional tone you expect from the employee. Ex: “I know you didn’t intend

for our clients to get half the attention they pay for, and that you understand our commitment to service.”

Request is what specific and measurable action you want the employee to take. Ex: “Going forward, I

expect you to be here 5 minutes early to set up your station and get ready for the day.”

Two critical words must be avoided if you wish to reduce the defense reaction: but and however. When

you use either of these words, you are negating whatever you said before them. For example, “I know you

didn’t mean to be late, but …” Or, “I know you weren’t trying to hurt Susie’s feelings, however...”

What About Using Positive Feedback to Soften the Blow?

Generally, it’s best to avoid the sandwich method (positive-negative-positive) when giving feedback. This

model nearly forces you to use “but” or “however.” For example, “You’re doing a great job, but I need you

to…” When you use this method, employees know a negative statement will come next, putting them on

the defensive, and telling them not to trust the positive feedback.

For best results, give positive feedback on its own. Use the FIRR method to request a different behavior.

Give the employee the chance to express their point of view, or ask for input on how the conflict can be

resolved to reach a “win-win” scenario.

Remember, your employees want to do a great job and get positive

feedback, and your job is setting specific and measurable

expectations to help them reach that goal. The more comfortable

you are giving feedback, both positive and negative, the more

comfortable your employees will be receiving it.

Combatting Bad Attitudes in the Workplace

Of course, even with the most diligent management efforts, sometimes an employee simply has a bad

attitude. You know the type, the one person in the office who starts gossip, rolls their eyes at team

meetings, resists new programs, and complains to others but not directly to management. They generally

have a strong sense of entitlement, often arising from being really good at the “hard” skills of their

position, but rarely see how their negativity or communication skills are undermining their overall

performance and perception by others.

Attitude is one of the most difficult performance issues to address. Often, the negativity itself prevents

the employee from being open to constructive criticism, or even seeing the need for change. This means

either that the bad behavior continues unchecked, while resentments build and team morale dwindles,

or the employee gets fired. Sometimes a termination is the best thing for the rest of the team, but it does

mean considerable costs in replacing and retraining someone for that position.

“For best results, give positive feedback on its

own. Use the FIRR method to request a different

behavior.”



However, if you believe the employee is worth rehabilitative efforts or you wish to provide one last chance

to improve, certain tactics can make PCC more effective and better received.

1. Don’t Just Call It a Negative Attitude. Saying someone has a bad attitude isn’t descriptive enough and

doesn’t help the person understand what action you expect from them. You need to say what the person

is actually doing that is unacceptable. Here are some examples of what the real problem may be:

× Employee fails to build and maintain positive team relationships × Employee communicates in ways that are disruptive or disrespectful × Employee causes other team members to feel uneasy through comments and actions × Employee makes excessive complaints and/or derogatory remarks × Employee fails to cooperate with and/or help other team members × Employee is resistant to new programs or ideas before they have been given a chance to work

2. Tell Them the Impact of Their Actions. Employees with bad attitudes often don’t see the impact of

their not-so-subtle negativity. Being clear about the impact of their behavior tends to get through a

person’s defenses, as opposed to triggering them. Most people don’t want to disrupt the entire office,

but they don’t see that the real impact of their conduct is usually contrary to their intentions.

Here are some examples:

When you roll your eyes and drum your fingers during our staff meetings, it is disruptive and disrespectful to the person speaking.

When you bring your personal issues to work, it makes others feel uncomfortable and distracts them from their job duties.

You are powerful here. When you are happy, everyone is happy. But when you are in a bad mood, the rest of the team feels like they are walking on eggshells.

3. Keep the Coaching Direct and Constructive. It’s important to model the professionalism you expect

from the employee. As hard as it may be, don’t give in to manipulations, name-calling or emotional

responses. The point is not make them feel badly about their behavior, but to have a clear conversation

in which you bring the problem and its impact to their awareness and set clear expectations for self-

correction. If they cry, give them a moment to compose themselves.

4. Write It Down. Like all corrective actions, it’s important to document the coaching session. This step

sometimes gets avoided because it’s difficult to be clear about attitude issues. It’s easy to write “You were

late on 3 occasions.” It’s a bit harder to write about a lack of cheerfulness. But writing it down will prepare

you for the meeting and serve as a record of any expectations that were set.

As in all coaching situations, your desired approach is calm, confident and assertive. Avoid sarcasm, and

don’t put off the conversation. The sooner you nip an attitude problem in the bud, the better.

Documentation: A Manager’s Best Protection

As we’ve mentioned multiple times throughout this guide, documentation is critical. We hear a lot of

flimsy reasoning as to why an employee’s personnel files is empty or contains only vague or outdated

notes about performance problems. The following excuses do not cut it:



“I’m too busy to do paperwork.” “I didn’t want to hurt her feelings.” “It only makes him mad, not better.”

You have to remind yourself that it’s not just paperwork. When you have to turn an employee’s personnel

file over to a lawyer, it’s your best defense. And when you find that you need to terminate an employee

for a valid, legal reason or defend against a complaint, a busy schedule or a desire not to hurt someone’s

feelings won’t overcome the employee’s allegations of workplace discrimination or wrongful termination.

That’s why all of us at CEDR HR Solutions are always preaching, “Document, Document, Document!”

The quality of your documentation also speaks for your credibility as an office manager. The person

reading your documentation should walk away knowing who, when, where, how and, most importantly,

the why behind any decision to fire an employee. Think of this as written proof that you treated the

employee consistently and fairly, and that your decision to let them go was based only on legitimate

business reasons. Anything less and your documentation becomes Exhibit A for the plaintiff.

The following tips will help you ensure that your documentation provides adequate protection.

1. Be Specific. Your documentation must be direct; include specific performance expectations and the

reasons the employee is not meeting them. Clarity and detail are the keys to achieving your goals.

Document your legitimate reasons for concern and the fact that you’re giving the employee the best

chance to improve. Vague references to “attitude” or “not meeting performance objectives” should be

avoided. For example, instead of saying “Needs to

be more careful,” say “Must take time when

entering information and check work after each

entry.” Instead of saying “Has a bad attitude,” say

“Rolls her eyes during meetings, fails to assist

others when asked, and was argumentative in front

of a patient.”

2. Use Facts, Not Opinions or Characterizations. It’s not called “human” resources for nothing! Sticking

to the facts in your writing helps remove your own frustration, emotion or bias from the situation. For

example, instead of saying “He’s too negative,” say “Heard him say ‘I hate my job’ and ‘this procedure is

stupid.’” Instead of saying, “She’s always late,” say “She was 10 minutes late 4 times in the last month.”

Note that words like “always” and “never” are over-inflammatory and easily defended as untrue. The

more fact-based you are, the more credible you are.

3. Document EVERYTHING. Even if it’s a small exchange between you and the employee, take a few

moments to write down what you asked the employee to improve upon and their acknowledgement (or

lack thereof), and file it away in your employee’s personnel file. You would be amazed at how quickly the

little things add up to create a bigger picture.

4. Follow Up. Your objective is to demonstrate that the employee was made aware of the problem and

given a reasonable opportunity to correct it. Writing someone up in a corrective action and then leaving

“Document, Document, Document!

The quality of your documentation

speaks for your credibility as a

practice manager.”



them hanging without checking back in for months tends to show that you were more concerned with

covering your bases than actually helping the employee succeed. So follow up and let them know where

they stand within a week or two. Then record the date and context of your conversation and your efforts

to work with the employee, noting any progress or lack thereof.

While a given employee may or may not resolve the issue and improve, the bottom line is that no

termination should be a surprise. The more documentation showing your attempts to work with the

employee that you can provide, the fairer and more justified your decision will look to a judge or jury.

IV. FIRING: Protecting Yourself When You Think You May Need to Terminate

Evaluating the True Cost of Terminations

You can probably recall from past experience how difficult, time-consuming, and expensive it can be to

terminate and replace an employee. As managers, we have all delayed letting someone go for all kinds of

reasons, and we all know that the cost to fire is huge.

How Much Does a Termination Cost?

The actual cost of terminating an employee is dependent on a variety of factors, including:

The time it took the terminated employee to become fully proficient and productive in their job.

The dollar impact of any lost productivity that the terminated employee was responsible for.

Time you spend on the administration side of a termination: e.g., stopping benefits, exit

interviews, COBRA compliance, unemployment insurance benefits, changing locks or passwords,

cleaning out and organizing email accounts, responding to unemployment inquiries, running ads

for a replacement, etc.

Any overtime performed by staff members covering the work of the terminated employee.

Reduced productivity by remaining staff because of gossiping or negative behavior due to loyalty

to the terminated employee.

The number of customers who might be lost due to loyalty to the terminated employee.

The number of cancelled appointments because of the increased workload of your current staff.

Time your staff spends evaluating resumes, checking references, and conducting interviews.

Time the newly hired employee spends completing forms and attending orientation, and the time

your staff must spend directing those activities.

And the big one: Time you and your team spend training the replacement.

It is generally agreed that the true cost of a turnover runs between 50% and 200% of the employee’s

annual salary. Other sources say middle to upper management replacements can cost companies from

150% to 400% of the employee’s annual salary. So the higher the position, the higher the level of

education/experience, and the longer the employee has worked for you, the more dollars you’ll have to

pay in order to terminate and hire a viable replacement.

As an example, let’s say that you need to replace an employee in your office who earns $8 per hour. The

Society of Human Resource Management estimates replacing that employee will cost $3,500, while the



American Management Association estimates it will cost $4,800. That is equivalent of 10 to 15 weeks of

pay for that employee if they work a full 40 hours per week.

These high dollar amounts are not being thrown out there to discourage you from ever terminating an

employee. In fact, what we call “bad apple” employees can actually cost you more money to keep in the

long run than letting them go. Ultimately, keeping those employees who cannot or will not perform to

your company’s or the position’s standards, and who resist all efforts to help them change their ways and

improve, could cost you thousands of dollars in lost business and productivity.

To avoid and minimize these costs to the fullest extent possible, we encourage you to “hire slow and fire

fast.” When you’re more effectively attracting and hiring the employees you will want to keep, training

them well, and using PCC to maintain your staff at optimum levels of performance, you can save yourself

money and the headache of frequently replacing employees. And with the few problem employees that

you will still encounter from time to time, you will need to weigh each individual’s attitude and

coachability against the cost of letting them go, to determine if they’re worth saving or not.

Can This Employee Be Saved?

One of the greatest balancing acts employers have to master is determining when an employee should be

retained and coached towards performance improvement (thus sparing you the costs associated with

terminating and hiring a replacement), versus when the employee is simply a “bad apple” and it is best to

set them free to pursue other employment opportunities.

The key to success with a problematic but coachable employee is to engage in clear, timely, and on-

going communications with them to address the issues at hand. Take the time to define for the employee

your expectations for improvement, and devise a plan for resolution with specific time limits. And be sure

to clarify that success or failure is dependent on the employee’s commitment to self-correct. You are not

there to fix their performance; if they want to continue with your practice, they have to recognize and fix

the problem themselves. (See the Progressive Corrective Coaching steps discussed earlier in this guide.)

As we mentioned in the last section, “bad apple” employees often identify themselves for you, by showing

little desire or ability to change their attitude or behavior, and rebelling against any attempt to get them

to recognize that they need to change their ways or improve. Some may exhibit subtle problematic

behavior, using passive aggression and transferring blame to others, while others are vocal and aggressive

to the point that they make others uncomfortable confronting them.

The metaphor “one bad apple spoils the bunch” appropriately highlights the danger of having your high

performers working in the same environment as the bad apples. Once you identify an employee who fits

the bad apple description, move quickly. Bad apples can cost you patients, productivity, and good

employees, and it is more cost-effective in the long run to let them go now than to keep them on. In

contrast to bad apples, you will know which employees are worth saving because they will be receptive

to coaching and will exhibit improvement.

In many ways, new employees can be compared with new romantic relationships. Just like in dating, most

employees are on their best behavior in the beginning and hide any unattractive flaws they may have.



Eventually, though, their flaws will emerge. If you are lucky, those flaws will be negligible, and the

employee will be receptive to self-correction through Progressive Corrective Coaching. If you’re not lucky,

then in some cases you may decide you need to terminate.

I Say “Layoff” … You Say “Lawsuit”

No matter how long you’ve been a manager, chances are you still hate terminations. First of all, you’ve

probably heard (or been through) horror stories: wrongful termination lawsuits have risen over 260%

during the past 20 years, and the median employer settlement payout five years ago was $326,640. Not

a sum most employers can afford to take lightly – in fact, not a sum small practice managers want to

think about at all!

Then there’s the emotional aspect, and the fact that terminations can be painful processes not only for

the employee, but for you as a manager. Whether you feel relieved, nervous, guilty, angry, or all of the

above, it’s not uncommon to look for a way to soften the blow and lessen the stress all around. After all,

can’t you just skip all that super-uncomfortable stuff about poor performance and used-up second

chances, let the employee save face, and call it a layoff instead?

The short answer is no, and the slightly longer answer is absolutely not. While this sounds like an

optimal and kind answer, one aimed specifically at preventing anger and embarrassment, it is a terrible

mistake any time the employee is being let go for the reasons of poor performance or unprofessional

conduct. This little “layoff” mislabel may feel like just a generous gloss-over, but what it actually does is

establish an inaccurate record that could, in theory, provide evidence of wrongdoing against you.

What a Layoff Really Means…and Why That Label Won’t Work

The trouble is that the term “layoff” has a quite specific meaning. By definition, a layoff means your

business must let go of one or more employees for a business reason or because of financial

circumstances. Downsizing or any reduction in budget or financial circumstances might provoke layoffs.

The majority of layoffs involve more than one employee, and here’s the key difference: when you let

employees go during a layoff, you are eliminating their position, not hiring anyone to replace them.

This makes a difference if your supposedly laid-off employee ever dreams up a suit against you. If you

rehire for that position, even three to six months later, you’ve given that former employee a bit of legal

ground to argue that their layoff was a pretext for your desire to get rid of them. They may make a case

that your real reason involved their race, age, pregnancy, religious views, sex, or similar factor. After all,

you re-filled the position so quickly that it obviously wasn’t a real layoff!

When considering the issue in this light, it’s easy to see how misnamed layoffs get employers in trouble.

After all, you may have had the most legitimate reasons in the world for letting this employee go in the

first place – but if you called the termination a layoff and failed to document the actual, performance-

related reasons, the court already sees you as a liar.



Don’t Lay the Groundwork for Lawsuits Against You

As in every other circumstance, honesty is the best policy when it comes to employee terminations. As an

employer, you give up your most crucial legal advantage – the ability to invoke solid documentation in

your own defense – when you fail to properly record your reasons for employee termination.

Instead, you want to show in writing that you had a solid, legitimate basis for all management decisions

and that you made all appropriate and reasonable attempts at progressive coaching. Your mother may

believe that your word is your bond, but the court needs proof.

If you have documented your entire management process and did not call the decision a layoff, then your

outlook is far brighter if a terminated employee’s lawyer ever calls. Now you can prove that Mary

repeatedly didn’t come to work on time (look, you kept a list of seven separate instances and your

coaching actions afterward) or that Gus was rude to patients (here’s a record of his comments, and even

notes about who witnessed them). This kind of termination leaves you in far safer territory.

A Final Word on Layoffs: When it’s OK to Call a Spade a Spade

If ever you do need to layoff – as opposed to firing – an employee, circumstances are obviously different.

In this case, unless you have more than 100 employees, private employers can take performance and

production into account when making choices. Just document all disciplinary and business reasons you

used as a basis for your decision. Layoffs do not prevent discrimination claims, so your business decisions

need to be fair, business-related and nondiscriminatory.

Firing Without Fear: What Else Can You Do?

Since you can’t sugar-coat employee terminations, what can you do to make the process less painful and

problematic? After all, the usual reason managers and their doctors try so hard to rename terminations

“layoffs” is that they find the whole firing process nerve-wracking and distasteful in the first place.

Well, letting an employee go is obviously not likely to be fun – but you can take certain steps to reduce

stress and infuse dignity into the process:

Document all management actions day by day with any problem employee. Don’t tell yourself

you’ll write up that issue with Patricia later – instead jot a quick note, with date and time, for each

instance and coaching attempt. When a written warning is called for, don’t put it off.

Consistency is essential. Make sure you document each employee’s issues and coaching in the

same way, and that your management actions are appropriate to the problem.

Seek expert advice when you need it! When you’re not sure if it’s time to let someone go, or if

you’re worried about whether you should terminate an employee in a protected class, there’s no

substitute for talking with your favorite HR expert or attorney about the risks involved.

Be honest. That means with yourself (acknowledging when terminations need to occur), with the

employee, and in all your documentation (your evidence, just in case!).

As a final tip that will save you stress in the long run: don’t put off terminations that need to occur. Barring

extreme behavior, terminations should not come as a surprise to you or the employee. After all, you’ve



documented, you’ve coached, you’ve given warnings if applicable, and it’s all right there in front of you.

In these types of situations (and, again, after you’ve considered any protected-class risks), the sooner you

get it over with, the sooner you’ll be on your way to a stronger team.

A Few Last Words: Best Tips on Documentation and Terminations

Just as no two people are the same, no two termination situations will be the same. Each possible

termination should be approached individually, with all details and documentation carefully and

thoroughly reviewed before any final decision is made. Lawsuits are common in our society, and when it

comes to your business and finances, the best lawsuit is the one that never happens.

Regularly and properly documenting problems is one of the best habits an employer can develop. In

managing your employees from day to day, take the time to communicate your expectations and

document any issues. A well-documented performance history for an employee, which shows the

progression of issue(s) over a period of time and all efforts to get them to self-correct, can end up being

your best defense against unemployment insurance, discrimination, or retaliation claims.

However, consistency is equally essential when it comes to documentation. Employers must avoid the

problem of "gotcha-documenting." If it appears you suddenly focused on Jane's issue(s) and wrote a book

on her mistakes, but didn’t do the same for John and Sally, you could be accused of unfairly targeting Jane.

All in all, it’s important to manage everyone to the same standards, with the same amount and type of

documentation, steps to self-correction, and consequences for non-compliance.

In Closing

Here at CEDR HR Solutions, we’ve found that thoughtful hiring practices, consistent and fair corrective

coaching, and, when necessary, carefully documented terminations go a long way towards building the

team you want to lead and work with. We hope our Ultimate Managers’ Guide will serve as a useful

reference for strengthening your practice and protecting it in the face of management challenges.

As a parting gift, we’ve included some of our favorite forms at the end of this guide to help make sure

you’re considering everything when hiring and firing, along with a complimentary employee handbook

evaluation offer. Please feel free to call us toll free at 866-414-6056 if you have questions about hiring,

termination, or other HR compliance issues, and happy managing!

Disclaimer: All documents, forms and checklists are intended for informational purposes only and are not intended to be comprehensive. They are not intended to replace a one-on-one, issue-specific consultation with an HR professional or attorney who is qualified to help you with your issue.



Hiring Checklist

Prior to Hire:

Employee application on file

Background check forms signed

References checked

Background check completed

Upon Hiring:

Personnel file created

New Hire Letter and Any State Required Wage Notices

I-9 form completed, federal-state withholding W-4 (available for download at: http://www.uscis.gov/files/form/i-9.pdf and http://www.irs.gov/pub/irs-pdf/fw4.pdf). State withholding forms available at:

http://www.dol.gov/oasam/doljobs/statetaxforms.htm#.UOsq76zQx9k

Copy of Employee Handbook distributed and all Acknowledgements signed and returned

Initial Discussion items with employee:

Schedule

Getting acquainted period

Performance reviews and Corrective Action Policy

Salary

Bonus plan

Insurance benefits eligibility

Sick leave – Call Out Procedure

Vacation eligibility

Recording of Time

Open door/employee concern reporting

Obtain copy of any necessary certifications

Job description – 1 for personnel file, 1 for employee

Keys/access codes (if applicable)

Nametag/uniform (if provided by office)

HBV Acceptance/Declination (medical/dental only)

HIPAA statement and training materials (medical/dental only)

http://www.uscis.gov/files/form/i-9.pdf

http://www.irs.gov/pub/irs-pdf/fw4.pdf

http://www.dol.gov/oasam/doljobs/statetaxforms.htm#.UOsq76zQx9k



Interview Comments Form

Applicant: ____________________________________ Date: ________________ Job Title: ______________________________ Dept.: ________________________________ Application Completed/Resume Received? _____________ Summary/Notes: _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ Job Skill Exc. Good Avg. Poor Comments

Skills to Do This Job

Related Experience

Other Skills/ Qualifications

Motivation/Attitude

Interest in Position/Company

Job History/Stability

Verbal Communication

Written Communication

Leadership

RECOMMENDATION: Qualified for This Job:___________________________________________________________ Consider for Other Areas: _______________________________________________________ Not Qualified: ________________________________________________________________ Interviewer Signature/Date: _____________________________________________________



Corrective Action Notice and Record Employee Name______________________________ Employee #______________ Position/Job Title _____________________________ In determining the proper course of corrective action, management may, at its discretion, repeat, modify, or omit a level of disciplinary action based on the facts of the specific case. Nothing in this record is intended to imply a promise of future employment, or to alter the at-will nature of employment. CORRECTIVE ACTION TAKEN □ Verbal counseling or warning □ Written counseling/warning: additional infraction will lead to further action which may include suspension or discharge □ Suspension for ____ working days from ___/___/___ through ___/___/___* □ Suspension, pending investigation, from ___/___/___ □ Final Written Warning: warning of discharge for additional infraction □ Discharge REASON(S) FOR CORRECTION ACTION □ Unsatisfactory Performance of Duties □ Tardiness □ Unsatisfactory Customer Service □ Absenteeism □ Disclosure or Misuse of Confidential Information □ Job Abandonment □ Falsification, Alteration or Improper Handling of Records □ Sleeping on the Job □ Violation of Departmental Call-in Policy □ Attitude □ Misuse of Electronic Information System □ Insubordination □ Behavior/Language of a Threatening, Abusive or Inappropriate Nature □ Possession of or Concealing a Weapon □ Misuse/Damage/Loss of Company Property □ Possession of Contraband/Drugs (Specify)____________________________ □ Working Under the Influence of Intoxicants or Drugs Not Prescribed □ Fighting □ Theft □ Failure to Comply with Company Policies and/or Procedures □ Other (Specify) ________________________ DESCRIPTION OF REASON FOR CORRECTIVE ACTION AND/OR IMPACT _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________



DESCRIPTION OF PREVIOUS CORRECTIVE ACTION (IF ANY) _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ PLAN OF ACTION/EXPECTED OUTCOME and DATE TO COMPLY _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ EMPLOYEE COMMENTS _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Office policy requires that you acknowledge having received this Corrective Action Notice, and indicates you have read it. It does not indicate whether or not you AGREE with its contents. After adding any comments or clarifications you wish to, please sign below. Failure to acknowledge this business record may result in your termination for insubordination. Supervisor ___________________________ Date ___________ Employee ___________________________ Date ___________ Witness _____________________________ Date ___________ A copy of this form was □ given to □ mailed to the above-named employee on ___/___/___. Initials_______



Could Your Current Employee Handbook

Be Used Against You?

EXCLUSIVE OFFER: FREE EMPLOYEE HANDBOOK EVALUATION Did you write, borrow, or download a template for your handbook?

Are you 100% CERTAIN that all of your policies are up-to-date and legal?

Every policy in your employee handbook is regulated by multiple state and federal laws that are constantly

changing and evolving. If they do not comply perfectly, you are risking fines, sanctions, lawsuits, and more.

Your employee handbook is the best way to communicate your practice’s rules, office culture,

and performance expectations.

When written correctly, implemented properly, and updated regularly, it is your greatest asset

in defending yourself against frivolous discrimination and retaliation lawsuits.

But if you miss one of the above, it can and will turn into your biggest liability.

CEDR HR Solutions can help you figure out where you and your current employee handbook stand.

Just send us a digital copy of your handbook for a 100% free, confidential evaluation.

We'll examine the content and set a phone appointment with you.

During our review session, we will alert you to any problems and answer all your questions.

This evaluation is COMPLIMENTARY – no fee, no obligation. Use the information however you like.

EXCLUSIVE OFFER: FREE HR SOLUTION CENTER CONSULTATION Do you have a new or ongoing issue in your office?

Think you need to terminate but don’t know how? Call a CEDR Expert at no charge.

If you’re not sure about how to terminate, whether the employee falls in a protected class, or if there are

other extenuating circumstances, seek guidance before you take any adverse action.

CEDR is always available with assistance to help you avoid possible litigation. Call our HR Solution Center

Experts toll free at 866-414-6056, or email [email protected].

To download a digital copy of this Ultimate Managers’ Guide, visit www.cedrsolutions.com/umg.


http://www.cedrsolutions.com/umg

CEDR HR Solutions www.cedrsolutions.com

(866) 414-6056 [email protected]

Copyright ©2014 CEDR HR Solutions

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