Tips and Tricks
- Use the probationary period. All federal employees serve on a probationary basis for their first year of employment. During this period, it's relatively easy to fire an employee, because he or she has no appeal rights. But very few employees are removed during probation. "It's a crime that supervisors don't use the probationary period as a means of handling performance problems," says Sally Marshall, a consultant with the National Academy of Public Administration and a former high-ranking federal personnel officer. She says in as many as 20 percent to 30 percent of candidate selections, "the supervisor didn't apply good interviewing or selection techniques. They picked someone that they were comfortable with, or who looked like them, but didn't make sure that they had the competencies needed in the job."
- Brace yourself for an unpleasant task. Every expert contacted for this story cited the unpleasantness of confronting a poor performer as a major reason for inaction. "Dealing with a problem employee normally involves confronting someone who is not going to like what you have to say, who is likely to disagree with your assessment of the situation, and who may attempt to persuade other people in the organization to take their side," the Merit Systems Protection Board reported last year. But MSPB's John Palguta notes that this unpleasant task goes with the territory--that's why managers are paid more. It's part of their job to handle problems with employees.
- Keep the lines of communication open. Talk openly and honestly with an employee who isn't making the grade and make it as easy as you can for him or her to approach you. If the employee is undergoing personal problems, such as marital or financial difficulties, he or she may be a good candidate for an employee assistance program. It's the manager's responsibility to make sure the employee understands what is expected of him or her, and the employee's duty to ask questions, says Richard Oppedisano, the personnel director at the Army's Watervliet Arsenal in Albany, N.Y., and president of his local chapter of the Federal Managers Association. He says that bad communication causes many of the problems in the poor performance cases that come through his office. Plus, poor communication often results in the employee feeling that he or she has been unjustly disciplined, and employees who feel wronged are most likely to start the appeals process, says Marshall.
- Tell the employee something's wrong. Washington attorney William L. Bransford recommends that managers deal with problems early, using direct, clear language: "I reviewed your report. There were these problems with it. If these problems continue, it will affect your job here." A big but common mistake that supervisors make when handling poor performers is failing to tell employees what is expected of them, says Marshall. "Most supervisors whine and moan at the employee behind their back, or to their spouse at night, but they never tell the employee clearly and precisely what it is that they are failing to do."
- Offer the employee the opportunity to improve. Federal law requires that an employee who is performing poorly be given an opportunity to demonstrate acceptable performance before an agency takes an adverse action against the employee. The MSPB has ruled that proof of completion of this requirement is a part of the agency's burden. While offering an opportunity to improve can be done informally, it is wise for supervisors to document the offer. The supervisor should make a written record of how the employee's work was deficient, what the supervisor said to the employee, and the employee's responses. A union contract or other internal agency procedure may require that the supervisor provide the employee a copy of the memo detailing work deficiencies.
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