Poor performance measures vs. Leaving the organization gracefully
lovethemandleadthem
3 Posts
I have an older employee of 20 + years working
as a bookstore clerk. This past year their ability to carry out their
essential duties has diminished to the point that they are making
errors, unable to lift a min. of 10bs, costing the company money from vendors on late returns and affecting their
department's moral. The staff cover for this employee but also feel exploited by the situation. Two years ago the employee changed from FT to PT status. However, the
organization hoped that they would retire gracefully by now but,
there is no end in sight. The employee's family is thrilled that they
are still working mainly because they are watched 4 hours a day if something should happen. The
issue is that a full time employee is needed in this department to
compensate for this employee's short comings but, due to poor revenue performance it is has been tough getting "buy in" from the board members. The manager is unable to work on increasing revenue when they have to spend half the day micromanaging and performing the duties of this employee.The Exec. Director would like to discuss poor performance with the employee and me (HR Mgr) present in the hopes that the employee will agree that "retirement" should be considered before poor performance measures are put into place.
Also, this employee has threatened to sue the organization in the past on ADEA discrimination but has not mentioned anything along those lines in the past couple of years. I think loyalty and years of service should be compensated
via severance but, my bigger concern is ADEA. Any suggestions would be
appreciated.
Comments
This looks like the same posting (with another paragraph added) that TXHRGuy and I responded to earlier in the day. Now I can't find that posting, so here goes.
TXHRGuy had said (and I agreed) that this is an ADEA issue only if you make it such. By everyone talking about this person's age then you are now making it an ADEA issue. The big issue (and real issue) is that this person is not performing. Let's talk about performance and not about age. This employee is not doing the job. You need to have the same conversation and take the same steps with this employee that you would have with any other employee that is not performing. During the conversation if the employee says that they can't do the job and are thinking about leaving, then offer him/her a nice severance package to show you appreciate the loyalty this individual has shown to the company over the years. If they don't say anything like this then start the disciplinary process as you would any other employee.
To often managers want to take the easy way out of things and start talking about trying to get someone to retire. I know you want to be considerate to this employee because of the years of service, but this boils down to a performance issue. If you can get the person on their own to bow out gracefully and decide they want to leave then you can recognize the years of service with a nice severance package and maybe even a going away party.
TXHRGuy - did I sum up what you had said accurately?
This looks like the same posting (with another paragraph added) that TXHRGuy and I responded to earlier in the day. Now I can't find that posting, so here goes.
TXHRGuy had said (and I agreed) that this is an ADEA issue only if you make it such. By everyone talking about this person's age then you are now making it an ADEA issue. The big issue (and real issue) is that this person is not performing. Let's talk about performance and not about age. This employee is not doing the job. You need to have the same conversation and take the same steps with this employee that you would have with any other employee that is not performing. During the conversation if the employee says that they can't do the job and are thinking about leaving, then offer him/her a nice severance package to show you appreciate the loyalty this individual has shown to the company over the years. If they don't say anything like this then start the disciplinary process as you would any other employee.
To often managers want to take the easy way out of things and start talking about trying to get someone to retire. I know you want to be considerate to this employee because of the years of service, but this boils down to a performance issue. If you can get the person on their own to bow out gracefully and decide they want to leave then you can recognize the years of service with a nice severance package and maybe even a going away party.
TXHRGuy - did I sum up what you had said accurately?
[/quote]
That is an accurate summary, thanks for retyping it!
I found the old post in my list of prior posts but clicking on it brought a post does not exist error. Too hot of a topic for the administrators? A comment would be appreciated.
Anyway, illegal discrimination claims are far more likely when managers talk about attributes of the person rather than the person's job performance, particularly when those attributes are not specifically and uniquely the cause of the problem. It is not, per se, the person's age that is causing their poor performance, although it may be the result of effects of the aging process. In any event, neither the person's age is nor the way they are affected by aging are up for discussion, so stick to their job performance.
One caveat, and it's a great can of worms that I've never had to deal with: the way you describe this person and their situation makes me think that he is considered to be a person with a disability. I'd hate to be the one looking into the nexus of aging and ADA but that may be where you are, depending on what mistakes are being made and why they are being made and whether or not you can accomodate the person, perhaps by making changes in your processes to avoid making those mistakes.
After I read TXHRGuy's post and then reread the OP I can see what TXHRGuy is talking about with the possible ADA situation. Fortunately, I haven't had to deal with that either.
One thing I did forget to bring up before is that OP mentioned something about the employee threatening to sue on ADEA discrimination in the past. What were the facts regarding that situation? Is it because of someone wanting him out of the position, just like they do now? If so, then in light of the fact that there has been a threat in the past to sue as well as the possibility that this could also be an ADA issue, I would contact your corporate attorney. This is one situation I would want an attorney's advice before preceeding.
The prior threat to sue over ADEA is new information that was not included in the original post.
In any event, legal guidance is never bad but, in my opinion, the only reason it may be needed in this case is the initial failure to stick to the facts and talk about performance.
Thank you both for your feedback. This employee has had reasonable accommodations made for them for almost two years. The position requires the ability to lift a minimum of 10lbs. We have purchased equipment (small flat beds) to assist in the shipping and receiving that they are required to do. Also, cash tending mistakes and credit transactions haven been corrected on their behalf or done by the other clerk. The employee is aware of their errors but feels that they are more than capable of performing the "essential" duties of the position. My Exec. Director would like to meet with them before the end of the week to discuss their performance to date but, I believe we should seek counsel beforehand.