Help! Fast!

bgrimes · January 2002

We have a middle manager, under 40, male, been employed just under one year. His technical knowledge is excellent. His 'people skills' are a big problem. He is causing division between inter-related depts., he is angering production workers, he has a "my way only, you don't know what your doing" attitude. He relates poorly with subordinates. The Company wants to let him go immediately. There is no documentation in his file to back this up. There have been 'verbal meetings' with him in attendance (at least two)where the problem has been addressed. Do you see any legal problems with such a dismissal? Is it necessary to offer him severance? Your quick reply would be appreciated. The Company wants to act on this tomorrow. If I've left out needed info. let me know.

John Vering MO · January 2002

You do not say whether he is in any protected class or whether he has a contract--express or implied. As a general rule, it is always best to document performance shortcomings and make it clear to the person that any further failure to perform will result in termination without futher warning. It does not take much for someone to sue you even if you ultimately prevail, it could be expensive. Whether severance is required depends on our company policies and whatever contractual obligations if any, that you have to this person. If you are thinking about severance, consider whether you want a release in return. This should not be viewed as legal advice.
John Vering
Missouri co-editor
800-243-5070 X 5226

bgrimes · January 2002

My middle manager is not in a protected class, he has no contract. He is male,caucasion, under 40, american decent. Since he IS a middle manager, I was wondering if most other employers offer severance to bridge over to unemployment. But remember, he has been here less than a year. No long term employment. We are a Company that tries to be fair. However, we don't want to be foolish either.

Gar · February 2002

Given your documentation problem, I'd offer him a severance package provided he signs a release that precludes him from bringing legal action against your firm over matters related to his employment. I'd negotiate with him. If he balks, I'd keep him on the payroll, document the problems then fire him with no severance package.

Robert Kaiser MO · February 2002

Once again, it seems that I am the least conservative voice. As a general rule, if no protected class issues are implicated (ie: you don't treat African Americans or females any differently), and he does not have a contract, he is an at-will employee. That means he can be terminated for any lawful reason, with or without notice, with or without progressive discipline, and with or without documentation. The failure to document is a failure to manage, not a legal failure. One of the reasons that you document is to put the employee on notice of your specific expectations with the goal of making them improve. After all, you have an investment in this person. If his managers fail to document, they fail to protect that investment, and that means they fail to properly manage. There are repurcussions to failing to manage properly. In this case, based on what you have shared, the repurcussions do not appear to be legal. You certainly can offer severance, but that would likely be out of either guilt over how he was treated, to foster a more amicable parting, or just because that is consistent with how you treat terminated middle managers in your corporate culture. But be conscious of creating an expectation amongst other employees that this is the norm, and remember that you will be setting a precedent here. Are you prepared to offer this same package to, for example, a female manager who does not work out? Every act you do sends some message to current employees. What message do you want them to hear? Bob

shendrickson · February 2002

I realize this is after the fact but I agree with Robert Kaizer, the fact that upper management did not follow thru with their documentation procedures does not mean that this employee should not be subject to discharge. Remember the "at will" status and don't be afraid to use it. We could all sit around and worry outselves to death as to whether we are going to be sued everytime we make a decision to terminate. Severance in a case like this is absurd and it does send the wrong message even to the one receiving the severance. We should never consider rewarding bad behavior, it does not make for good sound business sense. Hanging on to potentially dangerous employees poses more of a risk then terminating them. I would much rather gather my forces to defend my position in a "wrongful discharge" suit then to go up against a "class action" discrimination suit involving all the employees he abused along the way that the company failed to protect. It would be a good idea to start gathering signed affidavits from what sounds like a vast list of employees who witnessed his abuse first hand. Document your meeting with the managers involved prior to the discharge and then a separate incident report reflecting the discharge proceedings. We learn from our mistakes and now would be a good time to meet with your managers and advise them on proper documentation.

WT · February 2002

Do you have a probationary period. Many places of employment put new hires on probation for one year. If so, they can be terminated if they do not work out. If you are really concerned about fairness, consider giving a last chance. Last chance agreements are commonly used in the labor end to either achieve the performance wanted or smooth the path of dismissal. Call the employee in, inform them that their deficiencies are significant enough to warrant dismissal and give a specific interval to improve. If there is improvement, you saved time and money on a replacement. If not, the dismissal would be much more bullet proof.

WOCO Frank · February 2002

My gut feeling would be this: You can terminate safely, but plan on being dinged for unemployment due to your failure to properly document performance issues.

keithlf · February 2002

We went through the same thing about a year ago. We offered the person a severance package with a release of claims. We informed him that he could apply for unemployment benefits if he chose to do so. He signed the release and we haven't heard from him since.

Paul in Cannon Beach · February 2002

Am I the only one who is wondering why you are terminating a guy for people skills after only two verbal meetings when his technical skills are "excellent".

If it was my call, I would spend some time helping this guy understand his own personality and how he can better communicate and relate to others. Since he is new to your company, its possible he has encountered this problem before in other settings. Ascertain whether he is ready to really "change his ways" and become more effective. Show him how valuable he will be once his personal skills allow his tech skills to shine.

My guess is he is a powerful choleric personality with the tendency to run over other people. Charm is not their strong suit but with time they can learn to soften their hard charging stance. They are excellent problem solvers because they can assess a situation quickly. They also are valuable because they get a lot done!

Maybe I'm just your typical HR softy or perhaps his attitude is resistant to change, but that would be the avenue I would focus on. On the other hand, when you fire a guy with this strong temperament, expect some backlash.

Paul in Cannon Beach
[email]paulknoch@hotmail.com[/email]

Gerri · February 2002

I'm with Paul on this one. I too was kind of amazed at how quickly termination was being considered a solution - especially when the employee has good technical skills and performance has only been addressed twice. With some good training - this manager could become a truly excellent performer for your company, technically and with better "soft" skills. I don't think you're being an HR "softy" Paul - I think sometimes the general school of thought is that's easier to just get rid of the problem, then trying to fix it. Perhaps this manager just needs some good tools.

walker · February 2002

In the absence of documentation, you could offer him a severance and chalk it up to "style differences". Letting him go without the severance may prove costly in the end. He may file with the CHRO anyway, but at least you've shown some good faith at your end... Good luck

Help! Fast!

Comments