Three HR Hats: Hiring, Documenting and Firing

Presented at the ALA National Conference
Presented by:
Kristin Oliveri, CLM; Paul Falcone; David Freemen
Synopsis prepared by Jean Inabinett

I. Hiring

Hiring is a process which requires preparation. First, you should have a clear picture of the position. This should include the essential elements of the job and the job description. Second, you should prepare for the interview and have a consistent interview process. Your process should probe for skill sets and obtain an in-depth experience from the candidate. Use Phone Screens to assist with being objective. This will save time, headaches and dollars. You should even screen agency referrals. Try Team Interviewing for different viewpoints and you should always check references. SHRM estimates that 40-70% of resumes are "enhanced" with past accomplishments, responsibilities and experiences.

Practice Behavioral Interviewing as it can accurately identify performance effectiveness, prevents close-ended questions, and uncovers the candidate's weaknesses. It is also nondiscriminatory in that you use a set of pre-selected questions for all candidates about the essential job functions. It helps assess candidates fairly on their performance.

There are two types of Behavioral-Bases Questions: 1) Self-appraisal such as "What is it about you that makes you get totally involved in your work to a point where you lose track of the time?" and 2) Situational such as "Tell me about a time when..." or "Give me an example of". These types of questions ensure spontaneity since candidates cannot prepare for these questions in advance.

After resumes have been evaluated and you conduct your phone interviews, select 2 to 3 but no more than 5 for personal interviews and skills-testing. When interviewing, take notes and remember to observe legal considerations for age, race, religion, childcare, etc. Legal issues do not usually arise from the intent of a question, but rather from how the question is asked.

II. Documentation

The goal of documenting substandard job performance is to create performance documentation that: 1) shifts the responsibility for improvement away from the company and on to the employee and 2) can withstand legal scrutiny. You should always discharge for "just cause". Employment-at-will is a courtroom term.

According workers with workplace due process means:

1. The employee understands performance expectations and the consequences for failing to meet performance standards.
2. You consistently apply your own rules.
3. The discipline is appropriate for the offense.
4. The employee is given an opportunity to respond.
5. Employees must be given a reasonable period of time in which to improve their performance.

Traditional progressive discipline consists of a verbal correction, written warning, final written warning, then discharge. This process should be for a violation of the same rule or same type of rule. You should also take into consideration the offense if committed by a probationary employee versus a permanent worker. In the case of a probationary employee, an employer is not required to give written warning prior to termination. Managers must be able to demonstrate their affirmative efforts to rehabilitate their employees.

For a permanent employee, consider a decision-making-leave paid day off. Give the employee a "homework assignment". Before they are allowed to return to their job, have the employee put in a letter why they really want their job and why they won't exhibit the same behavior on the same issue again. This process allows the employee to understand the error in their actions and the firm demonstrates a commitment to the employee. If the employee does not correct their actions, then they will be terminated. If the employee does correct their actions, then they have renewed their commitment to the firm.

The written warning should have three sections:

1. Narrative (incident description)
2. Performance Improvement Plan (PIP)
3. Outcomes and Consequences

The narrative section should contain the Who, What, Where, When and Why of the incident. It should specifically "paint a picture" of the incident. Turn subjective evaluations into objective observations by including concrete facts and including the negative organizational impact that resulted from the employee's actions.

Any fulfillment of the PIP should be made on company time and at company expense, such as additional computer program training. The plan should be measurable with tangible improvement goals. Encourage employee participation by having them provide suggestions to the plan.

The Outcomes and Consequences should not contain time limits, as employees have a tendency to maximize and abuse them. You can use positive consequences such as "If you meet your performance goals, no further disciplinary action will be taken regarding this issue.)" or you can use negative consequences such as "Failure to provide immediate and sustained improvement may result in further disciplinary action up to and including dismissal." You should always include an acknowledgement such as:

"I understand the XYZ Company is an "at will" employer, meaning that my employment has no specified term and that the employment relationship may be terminated at any time at the will of either party on notice to the other. I also realize that XYZ is opting to provide me with corrective action measures and can terminate such corrective measures at any time, solely at its own discretion, and that the use of progressive discipline will not change my employment status."

If the employee refuses to sign the written warning, have another manager join the meeting and witness this refusal to sign. Also, make sure your performance reviews support the disciplinary action.

III. Termination

The types of terminations are:

• Voluntary
• Anticipated
• Unanticipated
• Involuntary
• Rule breaking
• Performance related

When someone leaves voluntarily you should ask for the reason why.

1. Are you losing a good performer or a bad performer and why?
2. What is the effect on those that stay?
3. What is your policy regarding appropriate notice?

These questions are asked to see if there are issues at the firm that need to be addressed. Otherwise, you might continue to lose good employees and retain non-performers. Also, you are not required by law to have a notice policy. If you do have a policy and don't accept an employee's notice and don't pay for the notice given, you could have grounds for wrongful termination.

It was also suggested that you should keep in touch with good performers who leave on a voluntary basis. Invite them to firm outings and events to maintain good relationships.

Mr. Forman provided a "Termination Toolkit":

• Investigate and review the facts.
• Obtain statements from witnesses — if applicable
• Talk with the employee to get his/her perspective
• Examine the employee's previous discipline history
• Review the facts with an objective third person
• Pinpoint the basis for a possible discharge

The presentation was informative and of value to firms of any size. If you are interested in obtaining additional information contained in the session handout, you may contact me at 314-725-9100.