Struggling with a Poor Performer: Alternatives to Termination When Warnings Fail?

Hi all,

Can anyone tell me how to terminate an employee if he becomes a poor performer? His performance has already been subject to warnings and job rotation. Now, I may be required to handle this. Is there any other alternative strategy to consider before finally terminating his service, as he is the sole earning member of the family? However, feedback from team members with whom he has worked indicates that he messes up things due to poor understanding.

I hope to receive relevant and timely replies on this. The response from the Cite HR community will help me in formulating my opinion to top management.

Hi,

It depends on the notice period you have given him. You cannot terminate anyone without having it in writing over a period of time. I mean to say you should have some solid documentation before doing this.

Hope it helped you.

Mahalakshmi

Dear Sumathi,

Call the employee and speak to him personally to understand what he is lacking and why his performance is low. Please try to understand his perspective before making a decision.

Additionally, since he has worked with other teams, gather feedback from those teams to determine where he fits best. It is important to consider that we recruited him based on specific strengths. Keeping this in mind, identify the role that suits him best.

Murali.

Hi Sumathi,

Since you don't want to terminate him, either counsel him on how he has to cope with others or give him some role where he can manage with a little understanding. If he continues the same behavior, you can terminate him as per the standing orders of your establishment.

Regards,
Suresh Ramalingam

Thank you, Mahalakshmi, Murali, and Suresh for the timely response.

Immediate Action: In case of unacceptable performance or conduct considered so serious that an employee should reasonably be expected to know there is cause for immediate termination, it is required to terminate the employee agreement by paying the salary till date or the salary including the notice period from the employer. I found this information in an article, so I may suggest this to the management. Though our agreement states that the management should give 15 days' prior notice to terminate the employment, I feel it's better to pay the salary including the notice period from the employer.

Now, can anyone provide me with the format of the notice to be issued regarding the termination of employment?

Well, why don't you try to speak to the employee and tell him about his weaknesses? It would be better if you ask him to resign, which could solve many problems. You may give him a notice period, salary, etc., but the easiest way out is to make him understand that termination is something the management has already decided. However, if he chooses the other option, he may not be able to find jobs elsewhere. You mentioned that he is the sole provider for his family.

Anu :)

Friends,

Although I have the option of terminating employment, I would like to retain the employee solely because he is the main earner and deserves one last chance. However, my concern lies in how to advocate for the employee during discussions with management. The management has already provided him with a fair opportunity which he unfortunately did not capitalize on.

Previously, he was shifted to a new role within the organization instead of hiring an external candidate when a related position opened up, solely at the discretion of management. Despite this opportunity, his inefficiency, incompetence, and negligence in carrying out his duties may lead management to the regrettable decision of termination.

Unfortunately, at this moment, I cannot create a new position for him as he has not demonstrated his capabilities. I am seeking advice on potential strategies to handle this situation effectively.

Kindly suggest any strategies that may be beneficial in this scenario.

Hi Anu,

I feel that asking for the resignation letter could be the last option with the employee being relieved immediately. Do you think this could pose a drawback for them in securing a job elsewhere due to reference checks being a barrier? How can they overcome this?

In order to prevent this situation, I am considering taking a stand in management. Honestly, our management is very understanding and humane, but they are currently in a tough spot as the clients are unhappy with the work errors.

Thank you.

Well, my advice would be that if your org has already given him one chance and he has not fared well, then it would be better that you don't take any stand. Another thing that you can do is to put that person in admin-related jobs.

Anu

Dear Sumathi,

To defer disciplinary action on poor performance on the grounds that "he is the sole earning member of the family" does not go well with your part. The company pays for the performance of the employee. As an HR Manager, you should be just. Be fair towards the employee and also your company. Therefore, issue the employee a notice to improve his/her performance. If there is no visible improvement, it can lead to the cessation of the employer-employee agreement, and employment can be terminated.

However, there are some different organizational issues involved too:

a) What are your recruitment standards for employing employees? Was any selection test conducted while recruiting him/her?

b) When was the employee communicated the measures of his/her performance?

c) Was he given any training to meet the performance criteria?

d) Does his performance hinder due to a lack of infrastructure like tools, raw materials, etc.?

Anyway, as of now, you can issue him a notice. In the notice, you need to mention work output against the exact time frame, excess consumption of raw material, etc.

Thanks,

Dinesh V Divekar

Soft Skill Trainer & HR Consultant

Bangalore

He has not proven his capability in one department; try utilizing his strengths in other departments.

At the point of the interview, the interviewee must have made some comments on the interview sheet. I am sure you have employed him because you saw some capabilities in him, so harness those areas.

You cannot terminate solely based on vocal warnings. Three memos giving specific solid reasons with proof will keep you legally safe and also provide the employee a chance and some time to ponder on his poor performance.

This is my two cents; I am not a qualified HR professional, but I work in HR and I would have handled this problem in a sensitive manner.

You are right to seek opinions before terminating him as termination could be traumatic not only for him but also for his family members. As an employer we cannot distance ourselves from his problems as eventually it will impact on the effectiveness of the team and the organisation.

Teammembers state that the performance is owing to poor understanding. This appears to be a communication problem. Did management provide detailed information on how the job is to be done and the reasons for it.

Since he is a member of a team it is possible he may be having a number of bosses.Ensure his poor performance is not due to different managers telling him different things.

You should give him a final opportunity. Discuss with him to identify the problem and ascertain reasons for poor performance.

It could be:



• Personal problems

• Poor skills or knowledge to carry out tasks

• Lack of suitability

• Lack of resources (equipment, manpower)

• Poor relationships with colleagues

If after your discussions and guidance there is still no improvement he should be given a final warning that his services may be terminated if he does not shown the improvement sought by the company.

regards

ganapathy

Thank you, Dinesh, Savita, & Ganapathy, for the response. I'm sure that I have made a just decision in this matter with all of your guidance to consider different aspects, especially the legal perspective.

Hi,

I appreciate your thoughts on how to secure his position. However, we all need to maintain a balance between personal and professional aspects. The fact is that you have reprimanded him verbally. From a professional standpoint, it is necessary to document his underperformance in writing.

I suggest providing him with written feedback on the specific areas where he has been consistently falling short and noting the instances where he has been verbally advised about the same. His underperformance could also be attributed to being assigned tasks in unfamiliar areas, which may impact his performance.

If there are no alternative positions available to accommodate this individual, the best course of action would be to have a conversation addressing the underperformance and suggest resignation. This approach would be in the company's best interest as well as yours. Management needs to convey that inefficiency will not be tolerated.

Hi Friends,

Now again, I cannot issue any warning letter legally as it is easy to spread to others (misuse) and thereby damages my company culture by creating a sense of insecurity among all other colleagues. At this point, I cannot make the termination of an employee an issue for other colleagues, as this is the first case in about 5 years in our profession.

My company is small in size, with about 30-40 employees, but it is a professionally growing concern. My management advises against making it an issue as it does not support employees' confidence and could lead to increased insecurity. Although I can counsel my colleagues, it may not be very convincing since some may have a soft spot for him, especially considering this is the first case in the company's culture.

As advised by others, the person has been given enough chances to prove himself. Additionally, the management had granted 3 months of leave for him to pursue a master's degree, specifically to crack CAT, but he was unsuccessful.

A better option I am considering is to ask him to resign from his position.

Any alternative suggestions?

Hi,

In my view, such an employee should not be terminated; instead, he should be trained according to his IQ. Even if it is beyond his understanding of the basic concept, the organization can shift him/her to a place where he is deemed fit.

Raj

Yes, have you heard the term "DISCHARGE SIMPLICITOR"? If not, please go through it. I hope it will clear your queries.

Suvajit

Hi Suvajit,

I have not heard of DISCHARGE SIMPLICITOR. Can you please provide me with some information on it?

Thank you.

Dear Sumathi,

I understand that you had counseled him, and despite your efforts, he has not shown improvement. You can inform him that effective from [specific date], he will be relieved of his duties and request him to submit his resignation. Terminating his employment may result in a legal battle, and you would need to defend yourself.

A better approach would be to conduct a domestic inquiry for misconduct. However, it is crucial that misconduct is clearly defined; otherwise, taking action may not be appropriate.

There are several options available now. Proceed with caution.

Regards,
Venkat