Potential Problems

JM in ATL

This is a long one... you might want to go get your lunch.

We have gone through some recent re-structuring. We gave two sales reps a promotion to Team Leaders, which pretty much has given them management authority. They each have a team of people they are now responsible for, including setting monthly sales goals, reviewing perfomance and stats.

One of the new Leaders has been with the comp. only one year, but she is phenomenal. She has on her team another rep who has been with us 4 years. Does a good job, has good sales, but slacks off A LOT. She does everything she can to avoid doing her specified # of sales calls, but somehow always makes her sales dollars.

The new leader was reviewing with her recently her previous sales for each month. Fair to consistent amount each month, but for the length of time in the industry and at the company the leader felt these numbers were sub-standard. The leader questioned performance and the Ee said that she was upset about something that happened four years ago and something that happened recently and she wasn't going to improve her sales in an attempt to retaliate against the things that have made her angry.

Now the new leader wants to put her on a PIP, which I completely agree with, but also I want to give the Ee an opportunity to discuss what is bothering her and how this can be resolved.

He GM of the office is afraid that she will file an age discrimination claim against the company. EE is over 60 and wasn't interviewed for a new opening at the company recently b/c she didn't turn in her application in time. We ended up hiring someone in her early 20's for the position. Actually she didn't even turn in an application, but claims she faxed it to me, but didn't call to inquire about the job until after she found out a few weeks later that we already hired someone.

Anyway, if this is enough information to go on, do you see any grey areas or red flags to watch out for?

Gillian3

No, it seems a straightforward performance counseling/explanation of why things happened the way they did. I think it is wise to find out what these things are that are bothering her, but no employee has the right to work less hard in retaliation for whatever it is.

Nina I

I agree, and would just add the caveat to get as much documentation (ha) as possible. If there isn't any, I'd ask the manager to write out a timeline of dates and events as remembered, for future reference, and then document every conversation from there. Good luck.

Don D

Sounds like your bases are covered. Based on what you've said, I see no basis for a discrimination charge unless she has some sort of proof that she faxed and you received her application in time. I've been in multiple organizations with high-dollar sales forces. Any sales professional in any of those organizations who made a comment like that would probably have been terminated. Her manager is quite generous to even put up with a PIP for someone in sales who would behave that way, regardless of whatever it was that happened four years ago. If she's been pouting for four years, look at the potential sales that have been missed. There's no telling what her little attitude has cost your company already! She should be fired.

Crout

As I say ad nauseaum, since all I would need to sue your company tomorrow is the filing fee and a made-up story, that fact alone should never influence a business decision. And standing alone, a PIP is not sufficient cause for a lawsuit because there has been no adverse action against the EE. It also sounds like your EE made your case for you when she admitted that her sub-par sales were volitional. That gives you guys more than enough reason to institute the PIP.

marc

This story just amazes me. I do not get why an adult would act this way. Do you have some sort of commission schedule or bonus for the sales people? If so, this person has been hurting herself as well as the company.

To perform subpar on purpose goes so hard against the grain, I am nearly speechless. I agree with Don, this person should be terminated. Perhaps even sued for lost profits. Ridiculous!