It’s the part of our jobs every small business owner hates: dealing with problem employees. Whatever the reason (whether you dislike confrontation or worry about getting sued) you can’t ignore employee problems, or they will just get bigger and potentially threaten your entire business. Fortunately, there are some simple steps you can take to protect your business legally, while also correcting the employee’s poor behavior.
The moment you hire your first employee you need to create a written employee policy that documents your rules and expectations for the workplace. It should also state what actions (such as theft) would be grounds for dismissal. Have all employees read and sign a copy.
When a problem does arise, start by getting the facts. Talk to other employees to see what’s going on and document the issues as objectively as possible.
Then it’s time to talk to the person. To stay on the right side of the law when it comes to discipline, you should have a progressive discipline policy that gives employees opportunities to correct their behaviors. Start with a discussion of the issue and a verbal warning, and set a date by which the behavior needs to be corrected.
The goal is to work out problems and hopefully keep the employee on board. Work with him or her to create a plan for how to improve. Getting the employee’s input makes him or her more invested in the outcome.
If the behavior still doesn’t improve, escalate your discipline to a written warning, which documents the problem and its duration, specifies how long the employee has to correct the problem and details what will happen if it’s still not fixed. You and the employee should both sign this.
Depending on your employee policies, how severe the issue is and whether the employee is really trying to improve or not, you may do multiple written warnings before (in the worst case) terminating an employee. However, by implementing progressive discipline early and correctly, hopefully you never come to that point.
If you have any doubts or questions about discipline and termination, be sure to consult with an attorney who is familiar with your state’s employment laws.