Michele Harmon
I often harp about hiring the right person the first time. To start this month’s topic, here is a big surprise: there are several folks in the Permian Basin who are so skilled at using AI to write about themselves that I want to shout, Stop the BS! People looking for jobs are great at AI, so look beyond fancy words. Look for clarity and the ability to communicate directly. Less is more when looking for a better employee.
Another tidbit about AI is that when you research something, it stays on some server, somewhere, and it can be found. What if you decide to use AI to write up an employee, and even if you do not put the employee’s name on the draft, it may still have enough information to be found on one of those server farms and used against you?
Let’s start by properly writing staff up for failure to perform their duties.
Start while they are still your employee so that you might win an unemployment claim if you end up terminating that person’s employment. That means keeping track of the data, not the emotional stuff. Emotions get us in trouble. Just the Facts. Make sure that you get witness statements for any misdeeds. You will need first-hand testimony in an unemployment hearing.
My strongest recommendation for keeping data and writing staff up is to keep a notebook or a file folder. You know, one of those things with a piece of paper inside a manila folder and locked inside your desk.
Keep a file with the employee’s writeups on the server, but NOT your notes. Rule of thumb: If it is not written down, it does not happen.
If you have a poor performer, get rid of them quickly. If they are with you too long, you will be on the hook for unemployment. In giving almost everyone a chance to improve, put the improvement plan in writing and have a witness with you to sign that you gave the employee their Performance Improvement Plan (PIP).
Remember, there is no such thing as a probationary period. Employers often state that new employees have a 90-day probationary period, which is confused with a 90-day wait for benefits or unemployment timeframes. If you have a 90-day probationary period, the employee will think they are safe and will not be fired after day 91.
You may be violating federal laws if you fire someone at the end of their probationary period. You can fire someone for many things, but not for illegal reasons. Remember, every person over 40 is in a protected class, as well as every female and minority, and the list goes on. Be careful and hire carefully.
A strong rule should also be that no one is fired without consultation with the HR professional and possibly the employment attorney. Recently, I was asked about terminating a pregnant employee, and I referred the client to an employment attorney, but they did not listen to either one of us.
Also, be very careful when terminating an employee on workers’ compensation or someone recently returning from workers’ compensation. This type of decision needs a consultation with an employment attorney and a client who follows their advice. We live in the land of wildcatters and entrepreneurs, but with one visit from the EEOC or DOL, your bottom line and reputation may be irrevocably harmed.
Don’t give them a stick to beat you with, comes to mind. Be proactive when dealing with a weak employee. Rarely do employees violate policies or laws. Most weak employees drive you crazy.
I hired someone a couple of years ago who came highly recommended. I did not know the employee was in a relationship with—well, you know the rest. This employee’s idea of a full work week was approximately 35 hours and watching videos or chatting with friends. Long story short, I was madder at myself than anyone else. I trusted but did not verify. I should have known better. I tell this story so you know it can happen to all of us.
After all is said and done and you have terminated the employee after lots of factual documentation, you will still have to go through one or two hearings with the Texas Workforce Commission to win or lose. You will need your factual evidence and your first-hand witnesses. The burden of proof lies on the employer. Always fight an unemployment claim unless you know you are in the wrong.
Honestly, you might want to fight one that you know you are in the wrong and make the person who did the firing sit through testimony to find out why you do not fire employees without proper documentation and only for legal reasons.
Some lessons need to be learned firsthand.
Tell me and I forget, teach me and I may remember, involve me and I learn.—Benjamin Franklin
“Your employees are the heart of your organization.” Dr. Michele Harmon is a Human Resource professional, supporting clients in Texas and New Mexico that range in size from five to more than 3,000 employees. Email: micheleharmon1@gmail.com