Employee Retention“Hire slowly, fire quickly”Performance ProblemsModifying BehaviorProgressive DisciplineProgressive Discipline: BenefitsProgressive Discipline: CaveatsFear of FiringEmployment at Will DoctrineEmployment at Will: ExceptionsFairness in FiringWhy Terminate Employees?Alternatives to TerminationTransfersRestructuringNeutralizingWhat About Encouraging Employee to Resign?Firing Summary-IFiring Summary-IIEmployee RetentionEmployee RetentionDealing with Problem Behavior““Hire slowly, fire quickly”Hire slowly, fire quickly”Performance ProblemsPerformance ProblemsWhat’s the cause of the performance problem?–skill, motivation, ability, obstaclesWhat’s the appropriate solution?–training–job design–rewards–transfer–terminationModifying BehaviorModifying BehaviorIdentify behavior you want to stop/encourageAnalyze reinforcersIdentify obstacles to desired behaviorClarify performance expectationsObtain agreementFollow-up and:–Coach continuing problems–Reinforce correct behaviorProgressive DisciplineProgressive DisciplineInvestigate and document problemOral warningWritten warningSuspension (or final warning)–<optional: Termination hearing>TerminationSevere infractions lead directly to terminationProgressive Discipline: BenefitsProgressive Discipline: Benefits    Progressive Discipline: CaveatsProgressive Discipline: Caveats  Fear of FiringFear of FiringTerminations are the single largest reason for employee lawsuits. Why?Fear of a wrongful discharge suit paralyzes some employersDon’t employers have a right to employ who they want?Employment at Will DoctrineEmployment at Will DoctrineEmployer may terminate employment for good reason, poor reason, or no reason at all–except discrimination on protected characteristics or retaliation for exercising legal rightsEmployee has the same right60-65% of employees fall in this categoryEmployment at Will: ExceptionsEmployment at Will: ExceptionsBreach of contract–Collective bargaining agreements–Literal or Implied contractsDuty of good faith/fair dealingPublic policy –Refusing to violate law–Retaliation“Smoker’s Right Bill” (Colorado)Fairness in FiringFairness in FiringUltimate issue: Will your decision be judged to be fair?–To the employee affected–To coworkers–To a jury (or arbitrator)  Why Terminate Employees?Why Terminate Employees?For Cause– – – –What about off-the-job behavior?Reductions in forceAlternatives to TerminationAlternatives to TerminationTransferRestructureNeutralizeEncouraging employee to resignTransfersTransfersWhen appropriate?–Employee has valuable skills that can be applied elsewhere–Performance problems won’t affect new position–Easier in larger and “richer” firmsNew supervisor should be fully appraisedRestructuringRestructuringSame basic guidelines as for transfersMore likely in good times and labor shortagesEmployee involvement particularly importantNeutralizingNeutralizingWhen you want to fire, but can’tRestructuring work so negatives have least impact on you, coworkers or customers–Ensuring that employee “is no longer in the way of employees who are making money for the company”What About Encouraging What About Encouraging Employee to Resign?Employee to Resign?Can be useful if employee voluntarily quits because they realize their behavior won’t be toleratedBut beware of constructive dischargeFiring Summary-IFiring Summary-IWhat warrants termination?–Chronic Performance Problems–Absenteeism–Dishonesty–Insubordination–Substance abuse?Firing Summary-IIFiring Summary-IIClarify employment at will–Disclaimers in hiring process–Check/revise policy manualAvoid appearance of wrongful discharge–Base decision on business issues–Use progressive discipline–Be