Legally Motivating Difficult Employees Copyright 2014 Supervisors Legal

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Legally Motivating Difficult Employees Copyright ã 2014 Supervisors Legal Update

Legally Motivating Difficult Employees Copyright ã 2014 Supervisors Legal Update

Feedback: A Real-Life Case l Actual case: Poor performer gets an OK first review

Feedback: A Real-Life Case l Actual case: Poor performer gets an OK first review l His performance gets worse l He gets demoted, and sues: Who won? l Employee wins, for 2 reasons Copyright ã 2014 Supervisors Legal Update

Start With the End in Mind l Start with the end in mind l

Start With the End in Mind l Start with the end in mind l Most of the time: “I want to change someone” l What happens if you don’t start with the end l Use a “want” statement Copyright ã 2014 Supervisors Legal Update

Legal Case: ‘Be More Like Debbie’ l Remember other prior events and issues l

Legal Case: ‘Be More Like Debbie’ l Remember other prior events and issues l Case: Two employees of equal rank l One gets the promotion l The other sues: Who won? Why? Copyright ã 2014 Supervisors Legal Update

Avoiding the ‘Sandwich’ Approach l It’s not just about criticism l The “sandwich” approach

Avoiding the ‘Sandwich’ Approach l It’s not just about criticism l The “sandwich” approach doesn’t work l They only hear the criticism, not the compliment Copyright ã 2014 Supervisors Legal Update

The ‘Separation’ Approach l The “separation” approach l Give different messages at different times;

The ‘Separation’ Approach l The “separation” approach l Give different messages at different times; that avoids confusion l One meeting – one topic Copyright ã 2014 Supervisors Legal Update

Applying Motivation Equally and Evenly l Dealing with “similarly situated” employees l Same punishment

Applying Motivation Equally and Evenly l Dealing with “similarly situated” employees l Same punishment for same offense l Legal problems l “Breaks” are OK, but. . . Copyright ã 2014 Supervisors Legal Update

Can You Give Too Much Feedback? l How much is enough? l Almost impossible

Can You Give Too Much Feedback? l How much is enough? l Almost impossible to give too much l Overdo it on the positive side Copyright ã 2014 Supervisors Legal Update

Using ‘Progressive’ Motivation l Different employees react differently – may require taking motivation to

Using ‘Progressive’ Motivation l Different employees react differently – may require taking motivation to another level l Follow the pattern of documentation l Example: deadline problems l The steps you can take Copyright ã 2014 Supervisors Legal Update

Documenting Your Reasons l Show why and what l Three goals: 1. Suit the

Documenting Your Reasons l Show why and what l Three goals: 1. Suit the situation 2. Treat fairly 3. Show legitimate reason(s) Copyright ã 2014 Supervisors Legal Update

Sample Case of Documentation l Example of what matching why l Sample warning letter

Sample Case of Documentation l Example of what matching why l Sample warning letter and face-to-face delivery l Three key parts Copyright ã 2014 Supervisors Legal Update

A Legal Case: Progressive Motivation l Problems: a) skipping a step; b) “going ballistic”

A Legal Case: Progressive Motivation l Problems: a) skipping a step; b) “going ballistic” l Case: She make “small mistakes. ” Boss took drastic action l She sues l Who won? Why? Copyright ã 2014 Supervisors Legal Update

When Nothing Seems to Work l Nothing works: What now? l Using C-A-T l

When Nothing Seems to Work l Nothing works: What now? l Using C-A-T l Before “T” – Termination: meet with HR Copyright ã 2014 Supervisors Legal Update

Keys to Effective and Legal Motivation l Four main parts: 1. Has a goal

Keys to Effective and Legal Motivation l Four main parts: 1. Has a goal 2. Applied evenly 3. Gets documented 4. What matches why l Questions? Talk to HR Copyright ã 2014 Supervisors Legal Update