Poor performance can be grounds for dismissing an employee. However, an employer should approach the matter carefully to avoid legal trouble. If the termination could be linked to any discriminatory or retaliatory reason or is handled contrary to the employment agreement, it may be considered unlawful.
Here is how to handle poor performance before dismissing an employee:
Address the issue
Once you notice an employee is not performing as expected, it’s vital to address the issue immediately. Talk to them to ensure they understand what is expected of them, and get information about why they are performing poorly and what the company can do to help them improve.
Document everything
It’s crucial to keep a record of every step you take when addressing the matter. This includes performance evaluation reports and all conversations (handled electronically and verbally). Your documents should include dates, topics discussed and suggested solutions. For instance, you should write down the reasons an employee provides for their recent underperformance and how you plan to help them improve.
Give formal warnings
If an employee’s performance does not improve despite the company employing an improvement plan, you should give them formal warnings. You can start with a verbal warning followed by a written one.
The warning should state the purpose of the meeting/letter, previous discussions about the same issue and the dates they occurred, the expected improvements by a specified time and the consequences of continued underperformance. End the warning by letting the employee know the company is committed to helping them improve their performance.
If your employee continues to perform poorly after taking these steps, you may dismiss them. Learn more about what you need to do and review the provisions of the employment agreement to protect the company.
