An employer gets in "trouble" when it comes to challenges by employees for disciplinary action imposed, particularly when there are inadequate or inaccurate performance appraisals and/or an inadequate performance management system overall. Nothing is worse to an employee than being "blindsided" by the information.

More than worrying about being sued, focus more on being proactive and take care of this to ensure you are on solid ground and more importantly have good, respected, management practices. 

HERE ARE SOME TIPS!

Document, document, document!!!!

• Ensure details related to time, dates, content of discussions/meetings
• Document good and substandard performance, be consistent with how you handle all employees
• Be sure you have useful, accurate position descriptions
• Ensure you have clearly outlined expectations and goals
• Be sure employees know what is in their files
• Be respectful but direct and explicit...details matter
• Be sure to have the facts!
• If raises are tied to performance, be sure to ONLY give merit increases to those "exceptionally performing" employees
• Be timely with your correcting of performance issues...addressing it as soon after the issue occurs the better
• Be sure that your comments are constructive and will provide the detail necessary, most likely to result in improved performance
• Keep in mind not to use phrases that could result in perceived discrimination such as: "the younger generation does this aspect of the work with ease" 

Keeping in mind, increases in pay will NOT serve as a motivator for poor performers, effective coaching, mentoring and providing training will! 

Building Effective Leaders is Worth the Time and Investment 

Leaders, those that handle the performance management process, are critical to the success of your business.

Be sure:

• They possess the personality characteristics important to leadership ("super workers" don't always, automatically, make good team leaders) 
• They serve as positive role models through their actions
• They are diplomatic and fair
• They understand the basic principles of leadership, coaching, directing the work of others
• Be sure they know the legal "do's and don'ts" of supervising to avoid legal mistakes that could cost you big and a whole lot of bad PR!
• Are well trained and have the ongoing support to appropriately apply what they learn as best practices.