| It's not working out. I don't want to outright fire her. How do I give her pretty obvious hints that she should look for another job? |
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Be careful with just hints -- that can be the worst of all worlds. An employee who gets the hint will often then make a complaint of some sort -- e.g., discrimination claim -- so that now they have engaged in protected activity and any future firing is retaliation. Retaliation claims are often much harder to defend than the underlying discrimination claim.
If you clearly and in writing say that the employee is being let go (even if you give her some time), you can defend yourself against such a charge because you can show your action was unrelated to any complaint. But, if your hint is more subtle, it may be impossible for you to prove you intended to hire her before this. I know you are trying to do the right thing here, but a hint just strong enough to give the employee the message but not strong enough to show you have already decided to take action, can be the worst of all worlds. |
| Thanks, PP. Are you referring to EEOC category discrimination claims? My employee does not meet any protected class. Does it matter? |
That is a common type of claim, but not the only one. And everyone belongs to a protected class. Claims are less common for some than others, but straight white males, for example, can and do bring claims. At least under fed law, a young person (under 40), can't bring an age discrimination complaint, but that is the only situation where the "privileged" demographic cannot bring a claim. |
| Performance plan. |
| Give their name out to recruiters |
+1. Put in writing how she is not meeting expectations. |
| Yes. Be a decent manager and do the work of giving her clear feedback in the performance plan. If she doesn’t follow it, let her go. But hints are just bad/lazy management. Be better. |
| The formal way you do this is to put the employee on a performance improvement plan. That's code for "your ass is grass in six months -- start looking now." |
Yup. |
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You need to say what she needs to improve in person right after she does incorrect work. If that doesn't work, then bring her in the office to discuss it. Then if that doesn't work, then write a performance plan.
Don't just immediately jump to giving her a formal written performance plan right off the bat. |
Right. I think that if a performance plan comes as a surprise to an employee, that means management sucks. Give her specific, constructive feedback and the opportunity to improve. Then put her on a performance plan with clear objectives. |
| I agree with outlining the weaknesses and a timeframe to improve...then the PIP if no change....I had a couple employees who refused to improve or address any weaknesses and left, that may happen to you as well. |
| Is this a new hire? Does your company have a probationary period. Most employers I know have a probationary period (typically 90 days) where a new employee needs to meet the team and manager's approval to complete the probation Employees can be terminated without cause at the end of the 90 days if they are not working out satisfactorily. I knew one employee several years ago who was not working out and at the end of the 90 day probationary period, was given and evaluation by the manager that he was not meeting the expectations from his interviews and hiring and they were extending his probation for an additional 90 days during which if his performance did not make progress on items that were discussed during his interviews (and were revisited and reviewed at the end of the first 90 days) then he would be let go from the company. I believe he voluntarily left the company before the end of the 180 days. |
| Do you have HR folks where you work? Involve them. Then if you screw this up, you can blame them. |