difficult performance management conversations* · 2017-06-06 · difficult conversations 16. make...
TRANSCRIPT
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Difficult Performance Management Conversations*
presented by
Jonathan A. Segal, Esquire
DM2/7840352.1
*No statements made in this seminar or in the Power Point or other materials should be construed as legal advice or as pertaining to specific factual situations.
Further, participation in this seminar or any question and answer (during or after the seminar) does not establish an attorney-client relationship between Duane Morris LLP and any participant (or his or her employer).
prepared for
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Difficult Conversations
1. Prepare in advance:
a. Talking points
b. Document to give to employee
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Difficult Conversations
2. Acknowledge upfront that this is going to be
a tough conversation—consider giving
employee a few minutes to review first
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Difficult Conversations
3. Focus on themes initially and then give
specific examples to support them (make
clear only examples, if that is the case)
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Difficult Conversations
4. Don’t argue over the details of a specific
incident (diversion; refocus on big
picture/pattern)
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Difficult Conversations
5. Don’t impugn intent, such as “not trying” or
“don’t care” (focus on results/outcomes)
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Difficult Conversations
6. Don’t inquire or speculate as to the “why” for
the performance deficiency, such as physical
or emotional conditional or work-life
management (but offer to help generally)
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Difficult Conversations
7. Be careful of providing excuses, such as
“probably just as much our fault as yours.”
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Difficult Conversations
8. Be careful of words that may sound like
proxies for bias, such as “not committed” or
“too rigid” (of course, make sure no bias!)
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Difficult Conversations
9. Avoid absolutes, such as “always” or “never”
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Difficult Conversations
10. Avoid hedge words, such as “it appears”
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Difficult Conversations
11. Give employee opportunity to talk
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12. Listen
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13. Discuss disconnects between your
evaluation and employee’s self-evaluation
(formal or informal)
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14. Make clear expectations going forward
a. Monitoring period (careful of framing)
b. “Touch-base” points
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Difficult Conversations
15. Ask employee if anything he or she would
like you to consider doing to support him or
her in making the necessary improvement
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Difficult Conversations
16. Make clear that, while you want to help
employee succeed to the extent you
reasonably can, the employee is responsible
for making the necessary improvement
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Difficult Conversations
17. Follow-up with employee (as promised or
more often if necessary)
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Difficult Conversations
18. Treat employee with dignity and respect
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Difficult Conversations
19. Manager should consult with HR if legal
issue is raised (for likely investigation)
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Difficult Conversations
20. Don’t forget your A and B players, too
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©2017 Duane Morris LLP. All Rights Reserved. Duane Morris is a registered service mark of Duane Morris LLP.
Duane Morris – Firm Offices | New York | London | Singapore | Philadelphia | Chicago | Washington, D.C. | San Francisco | Silicon Valley | San Diego | Shanghai | Taiwan | Boston | Houston | Los Angeles |
Hanoi | Ho Chi Minh City | Atlanta | Baltimore | Wilmington | Miami | Boca Raton | Pittsburgh | Newark | Las Vegas | Cherry Hill | Lake Tahoe | Myanmar | Oman | Duane Morris – Affiliate Offices | Mexico City | Sri Lanka |
Duane Morris LLP – A Delaware limited liability partnership
Thank You!
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