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WHEN AN EMPLOYEE BECOMES A LIABILITY

By Gary Goranson

 

The biggest asset your business has does not translate directly into a number on your balance sheet.  Your major asset is not bricks and mortar or a warehouse full of saleable inventory.   You don’t depend on machinery, robotics or high-tech equipment to turn out your product.  Your biggest asset is a workforce of well-trained, efficient and dedicated employees. 

The chronic complainer

Like a bad apple, the chronic complainer can infect other apples in the barrel.  We’re not talking about the person who occasionally has a bad day or is going through a temporary personal crisis that’s taking its toll.  We are talking about the individual who constantly complains about clients, fellow workers, management, scheduling, the workload, company policies, and just about anything else you can name.  When this characteristic first appears it needs to be dealt with immediately because, if you ignore it, you’re going to have problems with this individual’s coworkers and clients.

Chronic complainers typically carry a chip on their shoulder and look to everything and everyone else as an excuse to blame for their misery.  Signs of this kind of behavior may have surfaced during your initial interview and background reference checks.  If so, this further evidence should be your cue to terminate the relationship forthwith; it’s unlikely that you’re going to change this individual’s attitude.  Failure to remove this employee can have serious negative consequences on staff morale and your business.

At the very least, you need to have a frank, private discussion with this employee.  Address any concerns and have her suggest solutions (in most cases, the chronic complainer won’t have any viable solutions to their complaints).   Of course, if you hear a legitimate complaint this can be your opportunity to take corrective measures.  It could be that this person is voicing what other employees have been thinking.

With respect to the last comment, the longer a chronic complainer is allowed to remain employed, the greater the likelihood that the complainer may influence the individual’s teammates.  And if you don’t throw out the rotten apple early, you may eventually have to face dealing with several negative employees and the prospect of firing and replacing all of them.

The chronically tardy

Employees who are frequently late for work can be a costly liability.  Like the chronic complainer, this practice has a negative impact on the morale of fellow team members.  If the habit is not nipped in the bud, other staff members will view it as an acceptable behavior. 

One way to address this situation is to conduct a game of “attendance poker”.  To participate in the game, every weekday morning each employee who arrives at work on time gets to draw one card from a deck of playing cards.  At the end of each week, every employee who has showed up for work on time will have collected a total of five cards.  Employees who have less than five cards are not eligible for participation that week.  The employee who has the best five-card poker hand wins the attendance poker game that week.  You provide the winning pot, which may range from $10 to $25 based on your discretion.

Attendance poker has proven to be an effective tool in encouraging on time attendance.  It is a low-cost way of rewarding employees who exhibit good attendance habits.  It may even offset the negative impact created by latecomers.  But it’s important to deal with and make an example of anyone who is uncaring enough to consistently show up late for work.

I have been out in the field at various owners’ locations and have witnessed the turmoil caused by employees who show up late, or worse, not at all.  I know how hard it is to take immediate corrective action when you have a full schedule and feel you can’t afford to take extreme measures on the spot.  But I also know that if you don’t bite the bullet early on that the situation will only get worse. 

I don’t know of many employers who will tolerate chronically late workers or employees who have excessive absences.

Dishonest behavior

Thorough screening and oversight prior to hiring will play a major role in minimizing the number of thefts reported by clients.  However, continued vigilance is important if you are to maintain an excellent track record.

It’s imperative that you not lower your guard and get sloppy in your hiring practices.  This means faithfully conducting criminal background and reference checks on all new hires.  Getting sloppy here can introduce a substantial liability into your business.  If your new hire is from out of state, it’s wise to conduct a background check in the state of former residence, since any wrong doing won’t likely show up on your state’s file.

Remember that it is a good idea to advise employees that it is your policy to conduct random honesty checks.   They may find cash, prescriptions, jewelry or other valuables that have purposely been left out in a client's home.  Be sure to explain that you are not challenging their personal integrity but, rather, that you perform these periodic tests to satisfy clients and your insurance company. 

Also advise employees that in the event of a theft reported by clients that you would not automatically assume the guilt of any individual team member.  However, explain that you are obligated to advise the client to file a police report and that they may subsequently be interviewed by the authorities and possibly be asked to take a lie detector test. 

The potential for employee dishonesty isn’t limited to theft from clients.  You also need to advise your staff that theft of money or other items from the company or other employees will be reported to the police.  Employees must understand that helping themselves to company property, such as cleaning equipment and supplies or even little things like sundry bathroom items will not be tolerated.  Asking clients to always pay by check will help avoid temptation. 

Taking the above preventative measures can limit your exposure and liability.  Any suspicion of employee dishonesty should be dealt with immediately.

Over-ranked and under-qualified

Before you ever promote an employee’s status in your organization, be fairly certain that you’re making the right move.  For example, we’re talking about moving an individual up to team leader or bringing someone from the field to help you in the office.  Once you move somebody up the ladder, it the move does not work out it is virtually impossible to place the person in her old job without major morale issues.  This is even more complicated if the perceived demotion means that the job will pay less money.  If you find yourself in this situation, as difficult as it may be, my recommendation is that you (a) create a new position into which the person can be moved laterally, or (b) bite the bullet and terminate the employee immediately.  The only way it might work out is if the employee herself suggests she would rather have her old job back because she prefers not to have the responsibilities that came with the new position.

Remedial warnings and dismissal

Most first infractions, except those which may endanger people or property, will not warrant immediate dismissal.  When infractions do occur, however, you do need to have a serious discussion with the individual and issue a warning that subsequent behavior involving the same issue are likely to result in immediate termination.  Be sure to diffuse the tension such discussions are likely to raise by remaining calm yourself and advising the employee that it is the “behavior” that you are critiquing and not the person. 

When you’ve determined that you are going to terminate an employee, I have found over the past four decades that it is best to terminate the employee immediately.  It is far less expensive to give a terminated employee some form of severance pay than to gamble on keeping her around after she’s learned she is being terminated.  An angry, hurt and vindictive employee can do irreparable harm.

Keep records of infractions

You should always keep a written record of performance reviews and any negative infractions of company policies and procedures.  The more evidence you document, the better your position is if an employee should accuse you of terminating them for some fabricated or unfair reason.

You should keep abreast of federal and state laws regarding employment practices.  In any event, you want to have employees who are assets, not liabilities.

 

 

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