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Transcript of Performance Management
-Address performance discrepancies
-Provide identification of compliance, expected behaviors and/or job results that do not meet expectations.
-Initiate action steps that an employee might take to correct performance
-Provide statement of consequences that will occur if required improvement is not achieved. Statement should be written in SMART. (Specific, Measurable, Action, Results and Timely)
-Regular meetings with supervisor for feedback and communication Organizations that Employ Performance Improvement Plans – Private and Public Sectors
-Develop an action plan
-Meet with employee
-Conclusion Due Process Rights for Law Enforcement Officers •Law enforcement officers shall, if disciplinary action is expected, be notified of the investigation, the nature of the alleged violation, and be notified of the outcome of the investigation and the recommendations made to superiors by the investigators;
•Questioning of a law enforcement officer should be conducted for a reasonable length of time and preferably while the officer is on duty unless exigent circumstances apply;
•Questioning of the law enforcement officer should take place at the offices of those conducting the investigation or at the place where the officer reports to work, unless the officer consents to another location;
•Law enforcement officers will be questioned by no more than two investigators, and he or she shall be informed of the name, rank and command of the officers conducting the investigation;
•Law enforcement officers under investigation are entitled to have counsel or any other individual of their choice present at the interrogation;
•Law enforcement officers cannot be threatened, harassed or promised rewards to induce the answering of any question;
•Law enforcement officers are entitled to a hearing, with notification in advance of the date, access to transcripts and other relevant documents and evidence generated by the hearing and to representation by counsel or another non-attorney representative at the hearing;
•Law enforcement officers shall have the opportunity to comment in writing on any adverse materials placed in his or her personnel file; and
•Law enforcement officers cannot be subject to retaliation for the exercise of these or any other rights under Federal, State or local law. Firing an employee in Germany Financial and legal costs
-Provide Feedback so the Employee Knows That He/She Is Failing
-Performance Improvement Plan (set goals, establish measures, conduct review sessions and evaluate progress)
-Begin a disciplinary action process
•Legal problems (provides documentation)
•Treating the employee with dignity and respect
- Corrects employee’s undesirable workplace behavior
- Provides opportunity to create a “meeting of the minds” between manager and employee
- Creates realistic benchmarks for employees to properly improve performance
- Organizations not providing realistic/attainable goals for employees
- Improperly used by manager as a reason to fire employee
- Employer’s actions may be viewed as “adverse” and provide support for an employee’s discrimination claim.
- Example: IBM and US Army
-Healthcare organizations are implementing PIPs as a standard to provide high-quality performance
-Kaiser Permanente implements a systematic strategy for continuous improvement
-Six “building blocks”
- Received No. 1 rankings in 11 effective-of-care measures (2011)
- 5-star service for its Medicare health plans (2011)
- Reaped 136 percent return on investment (2010)
- Improvement of more than 60 percent in the six key capabilities (2011)
Ordinary termination (§622 Civil Code)
Extraordinary termination (§626 Civil Code) Types of termination Ordinary termination -Person-related dismissal:(skills and personality) e.g. long illness, missing KSAs
-Conduct-related dismissal:(misbehavior) e.g. like being late, criminal action
-Operational-related dismissal:due to urgent operational reasons e.g. low revenue, new structure Extraordinary Termination -Caused by an important reason:
(e.g. stealing, criminal action, serious offences against colleagues)
-No period of notice!
-Immediate cancellation of employment relationship
-No warning necessary Legal period of notice At least 4 weeks in prior to the End of a month or the 15th
The longer the employee attends the company, the longer the cancellation period gets (§622 Civil Code)
E.g. 5 years = 2 months, 10 years =4 months Requirements -Warning (if possible)
-Selection of fired employee on social criteria: age, family, disabilities, staff membership(§1 III Protection against Unfair Dismissals Act)
-Information of work council
-Declaration of Termination has to be in a written form (§ 623 Civil Code)
-No other possibility to keep the employee
-Operational-related termination: Negative forecast Special Protection Protection of termination by law for:
-Mothers (Maternity Protection Law)
-Employees under age of 18
-People with disabilities
-Members of work council Example: Stadtsparkasse Düsseldorf -Company of public law
-Staff membership for Life is usual
-High security for employees
-There is no regulation for firing an employee caused by bad performance (prohibited by law!) Conclusion -Very hard to fire an employee in Germany
-Staff membership for life is usual
-Firing because of bad performance is nearly impossible
-Just allowed when it is mentioned in the contract What Financial Cost are involved with PIP. • Buying a performance improvement plan
• Developing a performance improvement plan
• Cost associated implementing the plan Potential financial and other costs with implementing Performance Improvement plans What are the time cost with PIP Time spent explaining the Performance improvement plan
Review panels or other review process
Meeting with Supervisors
Firing and replacing employees Training the employees to use PIP Training includes both financial and time cost Some employees may need new skills Legal issues when firing employees •Unlawfully terminating an employee
•Terminating an employee for the wrong reasons Unlawfully terminating an employee • Termination based on protected sub group
• Terminating an employee without proper documentation Terminating an employee for the wrong reasons • Problems with the performance improvement plan
• Bias performance reviews Consequences • Lawsuit
• Fines and sanctions
• Forced reemployment
• Settlements Conclusion Firing and replacing employees Team # 3
Bianca Schier Christina Toth
Priscilla Santos Tyisha Stocking
Antonio Nuno Performance Improvement Plans – First step in Firing an Employee? Implementing Performance Improvement Plans Can be very useful if implemented correctly
Can be costly if not properly implemented
Can help build company culture
Can make company successful Thank you
Any questions? Ethical Issues Implementing a Performance Improvement Plan
Ethics of Care By implementing a performance improvement system as a standard process, Kaiser Permanente has been successful in many areas Performance Improvement Plan: Healthcare organizations What is the purpose of a Performance Improvement Plan? Before an organization fires an employee they need to take precautionary steps: When the Performance Plan does not work: Why are Performance Improvement Plans important to Organizations? When the Performance Plan doesn’t work: An employee enters a formal disciplinary process which involves: Companies that successfully apply a PIP: Most organizations follow general process of implementing a performance improvement plan (PIP): Challenges organizations face when using a PIP: •Lawsuits
•Unemployment Insurance for attorney fees
•State assistance Legal costs in Germany when firing an employee Anonymous. (2012, December 25). Kaiser Permanente Reaped 136% ROI With Performance Improvement System.<http://search.proquest.com.libproxy.sdsu.edu/docview/817651538?accountid=13758>
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