Part 4:
Assessing Employee Performance
Start with good people, lay out the rules, communicate with your employees, motivate them and reward them. If you do all those things effectively, you can’t miss.
Lee Iacocca
Most employees want to do well on the job. Both intrinsic and extrinsic rewards are valid goals toward which workers strive. They need and want fair and accurate appraisals based on standards of performance that explain what the business owner expects of them. Practice owners should not compare employees with each other, but instead should evaluate them based on how well each performs on the job. Appraisals must identify individual outputs or goals. They must also be honest to be effective. If employees perceive the appraisals as dishonest (e.g. performance was not adequate but was rated as adequate), then the appraisals will be ineffective. Appraisals should evaluate skill, knowledge, responsibilities, and special certification levels but not the job’s worth. Employees should not view appraisals as punitive but as suggesting ways to improve. The employer must incorporate a formal response system so that the employee can relate their personal performance to the review.
Given these requirements for fair and accurate performance appraisals, it is little wonder that both manager–dentists and workers view them suspiciously. Everyone appraises each of their associates continually and informally. (Coffee room gossip frequently concerns people who are not present.) Practitioners also continually assess (informally) workers’ appearance, behavior, and motivation. Yet when practice owners begin a formal review system, there is often initial resistance from staff and the owner–dentist. Employees fear job appraisals for reasons of job security and reprisals. Practice owners are fearful because of the time needed, the responsibility for objectivity, and the loss of personal power to a “system.” Once a proper system is in place and working, however, both employees and employers generally find their fears to be unfounded.
PERFORMANCE APPRAISAL AND REVIEWS
A performance appraisal and review (PAR) has two general purposes. First, it justifies personnel‐related actions. By objectively appraising work done, the manager has a solid basis for actions such as a promotion, rewards for past performance, a probationary review, or a warning for unacceptable behavior. Secondly, a PAR helps in counseling employees. Managers can better use staff by improving performance, assigning work more efficiently, meeting employees’ needs for growth, recognizing potential, and identifying training needs.
The result of the PAR should not be a surprise to an employee. Practitioners ought to give immediate, constructive feedback every day. If an employee performs excellently at a task, the dentist should praise them on the spot. The dentist should let the employee know (sincerely) why this was a good performance and how much that means to the practice’s success. The employee likely will repeat this behavior or action. Conversely, if someone does a poor job, the dentist should tell them on the spot (in private) why the behavior was unacceptable and what they can do to improve their performance. Most employees will try to improve.
PARs have several spin‐offs as well. They help in the selection/hiring process. Selection of the best person for any job is a difficult task. To find the best person, employers first identify job‐related behaviors and qualifications so that they can hire someone who meets those criteria. This is the basis of a PAR system. Instead of an informal, intuitive idea of the traits needed, practice owners generate a list of specific characteristics from the review process. They can use properly conducted PARs as contracts. By using PARs for feedback, goal setting, rewards, and punishments, dentists can motivate employees to accept change. Practice owners are on much more solid legal ground when they take personnel actions if a PAR system is in use. They can objectively show reasons for promotions, raises, and dismissals. The use of a PAR system can improve employee involvement in the practice. Employees who do tasks often define acceptable behaviors better than their managers. By defining goals and objectives and gaining the active participation of employees in the process, business owners improve the performance of the whole organization.
CONSTRUCTING PERFORMANCE APPRAISAL AND REVIEW
Practice owners must properly construct performance appraisals for these to be effective. PARs may harm employee motivation and performance if they are done poorly or under unsatisfactory conditions. Employers should enact the following guidelines for effective performance reviews:
- Before conducting the review, the practice owner determines the purpose (coaching, salary appraisal, criticism) and ensures that the objectives do not conflict.
- The practice owner ensures that the staff members know what is expected of them in their jobs. Many employers use the employee’s job description as the basis of the PAR. This document describes what tasks the employee does on the job. It is outcome related, not attitudinal. It looks at job behaviors (what people do on the job), not attitudes (whether they like their job).
- A PAR should reflect all the duties involved in the job, but only those duties. Components should be weighted to represent their importance.
- The employer sets standards of acceptable behaviors and presents employees with the “who, how, what, and when” of performance. The PAR specifies both acceptable and unacceptable behaviors.
- The practice owner gives an immediate, constructive response so that employees know the appraisal results. Writing down a verbal appraisal gives direction to the employee and is a strong base against future disagreements.
- The practice owner develops tangible and identifiable rewards, punishments, or assistance for outcomes or specific behaviors.
- PAR is an ongoing, long‐term system for performance improvement rather than a one‐time punitive system. It should be followed up with “mini‐reviews” of problems identified during the formal review. If PARs are used to dismiss employees, employees will perceive them as such and the system will lose all effectiveness.
- The employer seeks the employee’s input during the review about their performance and problems on the job. The practice owner asks for ways to make the job easier (and, therefore, the office more efficient). Many dental staff members doubt that their dentists genuinely listen to their job problems, so they must be listened to.
- PAR does not replace continual immediate reactions in the workplace. If a staff member does a task particularly well or poorly, the owner notices and comments on it at the time. The employer then reinforces it at PAR time. The practice owner keeps a written log throughout the year of staff members’ performance to help at review time.
The owner–dentist needs to consider several other issues before starting a PAR system. They need to have well‐defined, written philosophies and goals. Unless the owner clearly defines the target or performance, employees cannot aim for it. The institution of such a system may require changes in the practice’s philosophy, policies, or procedures. Additionally, the practice owner needs to remember that a PAR system is an ongoing review process, not a one‐time effort, and must be willing to reward those who perform well through salary increases and other methods of compensation. Finally, the practice owner must be willing to spend time and energy to develop and carry out such a system.
DISCIPLINING EMPLOYEES
Most employment experts suggest that the proper way to discipline employees involves a system called “progressive discipline.” In this system, the employer provides and records feedback given to an employee about their performance, suggesting ways to improve faulty performance. If the employee does not improve their performance, each round of discipline becomes progressively more severe until the employer fires the employee.
Progressive discipline encourages employees to improve performance. It also documents their poor performance. In the progressive discipline scenario, the employer gives an employee who is not performing to expectations a verbal reprimand, with methods to improve their performance. The employer notes that reprimand in the employee’s personnel file. If the employee continues to perform poorly, the owner gives written notice (again with a copy in the personnel file) and methods to improve. If the employee shows no improvement, the employer suspends them for several days, warning them of possible termination. Continued poor performance leads to firing. By using this method, employees cannot reasonably claim that they did not know their performance was below standard or that their job was in jeopardy. It is also fair in that it encourages the employee to improve performance; it does not simply threaten them.
Progressive discipline requires that the employer keeps written documentation of all warnings to employees about their performance. Fortunately, this is not as big a problem as it initially sounds. As the discipline becomes more severe, the documentation needs to be more thorough. (Initial counseling may warrant a two‐line note, jotted down in the employee’s personnel file.) Written documentation must include the following:
- Reason for the problem.
- Corrective action to improve performance.
- Employee comments.
- Employee’s signature and date.
- Employer’s signature and date.
This system provides documentation of employee performance problems if the employee files charges for a breach of employer responsibility. It also helps keep discipline consistent from employee to employee. Through the act of counseling, many employees will improve their performance so that they do not need additional disciplinary steps. Finally, the dentist may find areas of policies and procedures that they need to revise to make the office work environment more effective.
Practice owners must act in all situations of poor job performance. Failure to act tells employees that the owner has no standards for work in the office. If a dentist does not take notice of an employee’s sloppy work practices, then the others see that it does not matter if they are sloppy too. The result is lower standards and bad service to patients. Taking no action is a decision that may also prevent an employer from acting in the future in a similar situation. If the employer suddenly treats one employee differently than others for a similar act of poor performance, then they are open to charges of unfairness in the workplace.
There are several aspects to remember if the practice owner decides to use a progressive discipline system in the office:
- The goal of the system is to catch poor or marginal performance early and then help employees to improve their performance in areas where there have been problems. Early coaching becomes essential. The practice owner may require an employee to take a continuing education course or do other studies, practices, or demonstrations to improve their skills. Punishment is appropriate for employees who do not improve their performance.
- The employer may repeat a step if they believe that it will help to improve performance. For example, the employer may decide that a significant amount of time has passed since the last warning and that another warning is in order. If repeating the warning and remediation work, the employer has solved the problem without escalating to a higher level. The employee should understand, however, that repeating a step may lead to higher forms of discipline.
- The employer may skip steps for serious offenses or breaches of office policy. They will generally use all the steps for routine problems, such as attendance or general work performance problems. The employer’s judgment of the severity of the offense and remediation (if any) will help to define the steps to use.
Several behaviors are often excluded from a progressive discipline system. Employees are generally immediately fired for any of the following offenses:
- Reporting to work intoxicated or impaired on alcohol or illegal drugs.
- Stealing from the practice or another employee.
- Lying on an employment application or other practice document.
- Violating the confidentiality of practice or patient information.
- Causing a fight in the workplace.
- Bringing a weapon to work.
- Intentionally harassing someone (including sexual harassment).
- Insubordination.
- Extended unexcused absences.
The employer must talk with the employee about the problem and explain acceptable behavior and the consequence of failing to act appropriately.
Counseling needs to be friendly yet firm. Tell the employee the problem and try to identify a solution for the problem jointly. The practice owner must be sure that the employee has a way they can solve the performance problem. Often counseling documentation is brief, but the practice owner needs to save it in the employee’s personnel file in case the performance problem continues or escalates.
If an employee is suspended from work, the employer must tell the employee the length of the suspension and that it is without pay. Usually one to several days is enough to set the stage and impress the employee with the seriousness of the problem. (Some states require employers to suspend professional people – associate dentists or some hygienists – in week‐long time blocks. Practice owners should check with an attorney familiar with the state’s employment law.)
For serious problems (anything more than a verbal warning), the employer needs to require the employee to sign the disciplinary record form, acknowledging that they have discussed the problem and the corrective steps required. This does not mean that the employee agrees (they do not have to agree with the employer’s assessment), but that the employer has discussed the problem with them. If the employee disagrees or wants to explain their actions (there are often two sides to a story), the employer should write those on the form. If an employee refuses to sign the form, the employer must record (on the form) that the employee refused to sign.
Some management experts suggest that the practice owner should not include the progressive discipline plan in the employee manual. If they do, they should contact an employment lawyer first to check on the language and wording of the policy. The policy probably will not be used often, so if the rules are not followed exactly each time an incident occurs, the practice owner might encounter a problem. Employers need to treat employees equally. If the employer does not warn one employee about a particular performance problem but does warn another, the progressive discipline process may not protect the practice owner from legal action.
TERMINATING EMPLOYEES
Terminating (firing) an employee is perhaps the least enjoyable task a business owner can have. The employer should view firing an employee as the last option for personnel issues. If the recruitment and selection process has worked properly, the employer has given specific direction and performance responses to employees, and the compensation system is fair and equitable, firing should seldom be an issue. However, this is not always the case.
The practice may be better off by not having a particular employee around. If a staff member is not performing adequately, if the practice owner has given them notice of this and methods of improvement, and if the employee continues to perform inadequately, then firing may be in order. If an employee is found in gross violation of established laws, rules, or policies (e.g. stealing, alcohol impairment on the job, continual insubordination), firing is necessary. Finally, if a personality conflict has developed that severely impairs the effectiveness of the office team, dismissal may be in order.
GUIDELINES FOR TERMINATING EMPLOYEES
If all attempts to salvage an employee through a progressive discipline process have failed, the practice owner may decide to fire that employee. In that case, they should follow these guidelines:
- Decide beforehand what will be said and have ready all necessary information concerning the problem.
- Carefully select the day of dismissal. Most management experts suggest not firing someone on a Friday or the day before a holiday. This gives the person the weekend to stew and possibly plot revenge; the dismissed employee should be able to look for another job quickly.
- Keep all paperwork in order. The practice owner should be sure that time records are accurate (and not forged) and see if the person is due any vacation days or other benefits. If so, the employee needs to be compensated for that. The practice owner should not provoke the employee or give them any reason to involve the Wage and Hour Cabinet.
- Be firm and businesslike but sympathetic. The owner should not berate the employee for work they did not do correctly and should not argue with the employee over the validity of the information. The decision is final.
- Keep the meeting private and brief (no more than 15 minutes). The employee’s final paycheck, including compensation, any benefits owed, or severance pay, should be given to them then.
- Inform the employee what will be said in future references requested by other potential employers.
- Encourage the employee to seek employment counseling or job placement services and provide the names of several agencies that might help.
- Take care of housekeeping duties, such as the return of office keys, instruments, personal effects, or other materials.
- Manage the effect of the firing on the other employees. If the other employees are not aware of all the problems, they may be wondering if they are next to be fired. If they know the problems, this will be less of an issue. The practice owner must not discuss the shortcomings of the released employee with the other employees; this invites defamation and slander actions.
LEGAL ISSUES IN DISMISSAL OF EMPLOYEES
Three primary issues are involved in firing employees: unemployment compensation problems, wage and hour laws, and legal suits related to unjust dismissal. Of these, the unemployment issue is by far the more common. Although far less common, the unjust dismissal case is much more serious. Wage and hour law problems are in the middle on both counts.
Unemployment Insurance
Unemployment insurance premiums depend on an employer’s employment history, just as automobile insurance depends on a driving record. When a former employee collects unemployment compensation, it is credited against the employer’s “account.” Premiums may vary as a result. Unemployment compensation is available to people who lose their jobs through no fault of their own. People cannot collect unemployment if they quit a job, if someone fired them for unwillingness to work on the job, or for other due cause. If the person tries to collect unemployment or contests the firing (saying that they were not fired for cause), the unemployment department may call the employer into a hearing on the matter. This is where excellent records help. If the employer has documented the problem through performance appraisals, written warnings, and suggested improvements, they will have no problem. Without these records, the employer may see their unemployment insurance rates increase.
Wage and Hour Laws
The federal government sets employment rules through the FLSA. Each state has a Wage and Hour Cabinet or commission (they go by slightly different names) that enforces the state’s wage and hour laws. Generally, this organization only becomes involved with an office if someone files a grievance against that employer. (It occasionally makes routine “field audits.”) If an employee (or usually, a former employee) files a grievance concerning employment practices, the cabinet may require an employer to produce evidence to refute the claim. This is a case in which the employer is guilty unless they can prove their innocence. Excellent employee records are essential. The cabinet may use all timesheets, pay records, office policies, and vacation schedules in the review. If the employer has kept excellent records and has followed the laws about fair employment in the state, they should have no problems. If the employer cannot refute the claim, they may have to pay back overtime, vacation, or benefits, plus penalties.
Unjust Dismissal (Wrongful Termination) Suits
According to the employment‐at‐will doctrine, if an employee does not have a specified term of employment (such as in a contract), then that employee works “at will.” Either side can end the employment relationship at any time for any reason (at the will of either party). The corollary of this is the “fire at will” doctrine, which says that an employer can fire a (non‐contracted) employee at any time for any reason. Although these general principles are still in force, the courts have eroded them over time as legislatures have limited the right of employers to fire employees. Four areas have been singled out that may result in a wrongful termination lawsuit (Box 26.17):
- Antidiscrimination
An employer may not fire an employee for a “wrong” reason. Several laws contribute to this list, but they generally include race, color, national origin, gender, age, disability, pregnancy, and religion. Although written statutes protect many of these groups only for large employers (15 or more employees), courts often hold the small employer to the standards of the larger employer. Many state and local laws apply these standards to all employers in their jurisdiction. The essence is, do not discriminate in hiring or firing practices.
- Oral contract
Oral contracts are just as binding as written contracts. The problem with oral contracts is that when it is time to interpret them, each side has a different memory of what was said. However, if the court finds that an employer made an oral promise of job security to an employee, it may find that this is a legally binding contract.
- Contrary to public policy
An employer may not fire an employee for actions that are in the public’s interest. This includes requirements such as jury duty or military duty. It also covers employees who raise questions about work procedures that are illegal or especially dangerous. This is the basis for whistle‐blower court decisions. In these, employees who have been fired for informing on their company’s illegal or immoral actions have won wrongful termination suits.