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Should businesses give employees multiple chances to correct ongoing poor performance issues?

Dec 17, 2022

Here is the scenario: You have an employee who is not doing a great job at work. In general, he is a satisfactory employee, but is  also on the low end of productivity, makes some mistakes and does not have any opportunity for growth. He starts to arrive late to work on a consistent basis. You tell him he needs to arrive on time, but he continues with his late arrivals.

You don’t want to fire him, but how long should you allow this to continue and what are the risks?

  1. Other employees have to correct the mistakes- they become resentful, morale decreases and employees leave
  2. The poor performing employee engages in a protected activity for an unrelated reason, which creates exposure to the company when it terminates him

What should the company do instead?

  1. Meet with the employee to discuss the policy violation and reach an agreement on a plan for improvement
  2. Give the employee a deadline in which he needs to reach the goal (i.e.: on time arrival) and the discipline if the poor performance continues (write-up, termination, etc.)
  3. Stick to #2 to avoid the perception of disparate treatment
  4. Document the conversations and the employee’s agreement to the resolutions.

Create expectations. Communicate. Document. Repeat.

To speak to a Florida employment lawyer about updating your employment documents and employee handbook, contact The Wannos Law Firm, PA.

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Disclaimer: The information on this website is for educational purposes only. The information does not constitute legal advice, and does not create an attorney client relationship with Karly Wannos, The Wannos Law Firm, P.A. or any other attorney employed by the firm. Karly Wannos is licensed to practice law in Florida only, and the information presented on this channel applies to Florida and Federal law only and is not otherwise state specific. Please consult with an attorney before making any important business related decisions. The contents of this post are owned by Karly Wannos, and cannot be duplicated or replicated without her express written permission. May be deemed an attorney advertisement.

The Wannos Law Firm, P.A. provides legal advice to Florida businesses. Karly Wannos is a workplace investigator for claims of discrimination, harassment and retaliation, Florida employment law mediator and provides training to businesses on employment laws. 

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