Down size

783

We have 42 employees, so therefore do not need to meet WARN guidelines. I have been hiring and will probably hire another good candidat tomorrow. If expected contracts do not come in, can I let go of problem employees or employees that are not producers? Do I have to let go of the new employees just hired? How can I use this possible slow down to our advantage in staffing good employees?

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 09-15-03 AT 02:16PM (CST)[/font][p]I wouldn't recommend waiting for a reduction in force to take care of your performance/discipline issues. But, if you want to take that approach, go for it. You do not have to EVER let the last one hired, go home first, unless somebody has not done their job and there is no documented evidence of poor performance or you're bound by union seniority constraints. All things being equal, no documentation in the file, qualifications looking relatively similar, skill-set similar or the same...and you RIF the older worker, the black female, the Hispanic male or the guy with heart problems, you are asking for some big time problems. In every case where an employer is facing a RIF (except union shops) one of the first places to look for RIF candidates is the personnel files for disciplinary problems and performance issues and design your formal RIF language to state that as a criteria.

Betty I_O

Your posting raises other questions: Do you have specific disciplinary procedures set forth in a policy manual or employee handbook? Have those "problem employees/employees that are not producers" been disciplined in the past(with appropriate documentation of those actions)? Do you have a probationary or orientation/training period--are any of the employees you want to terminate within that time span? Do you have performance/productivity measurements in place, clearly defined for the workers? Have performance expectations been communicated to the employees? What about seniority? (I am guessing you are non-union.)

Lacking procedures in place, are there precedents? What's been done in the past? If an employer fails to follow established procedures, an affected employee may have a Federal or State law cause of action with claims of breach of implied employment contract, wrongful discharge, discrimination, etc., etc., etc. . . the listing only gets longer in the terminated employees' favor. Lawsuits or claims of discrimination, even if not legitimate, are costly, unsettling and a distraction to the work. Is your company willing to take that chance?

The repercussions of termination go beyond the employees let go. Co-workers also are affected, even if they felt the person wasn't a good worker or took advantage or was lazy and didn't want to work, or whatever. A layoff or firing is unnerving to everyone around the affected worker and may engender feelings of uncertainlty and vulnerability and unfairness to your other employees.

Pork

783: USE "DANDY DON'S" ADVICE; with out performance issues your company needs to reorganize the 42 positions or less to fit the most accurate organization required to meet present performance conditions against a future organizational achievements. Identify the appropriate persons to fit in the new organization and ask them to fit (transfer, as necessary to fill positions with the best people) that mold and let everyone else go and keep on interviewing and hiring new candidates to fit the new or future organization. You must, however, be prepared to interview and transfer old non-performers if you created a position that would really better fit my experience, training, and education. I might just be better qualified at the new position than what you previously had me doing! Always be able to stand on your decision of selecting the most qualified person from the pool, even when the pool includes some non-performing ee or x-ee.

Good luck, PORK