Hard conversations are part of managing people. But, let’s be honest, most people avoid them. DON’T. While they can feel uncomfortable, avoiding them usually makes things worse. So if you’re avoiding, that means you REALLY need to have the conversation. Addressing issues directly and with thoughtful care will show your employees that you want them to succeed. At the same time, you’re setting up a record that includes clear communication and direction for what needs to be done to improve, all of which reduces your risk of being sued and is the start of your defense if you are sued.
The key to difficult conversations is balance: treat people fairly while also protecting the business. That starts with preparation. First, outline what’s not working and have a few specific areas in which things aren’t going well. Review the employee’s job description and your company policies before the meeting so your message lines up with what’s written. This way you can approach the employee with feedback that is not personal. The requirements are written in the policy or job description, for example. Never make it personal. It’s not that they’re disorganized and lazy so they can’t get to work on time. The job requires them to begin at 9:00am. They have been consistently arriving late and you need them there at the agreed upon start time. Nothing personal about it. It’s just what’s required of the job.
Second, consistency matters. Make sure you speak with all employees about both what they’re doing well and challenges. Most employees will notice if they see one person always being corrected, another employee who makes the same mistakes never being corrected, and they will talk. Similar situations should be handled in similar ways.
Third, remember when it’s time to talk, keep the conversation private and concise. Confidentiality is key. Embarrassing employees in front of their co-workers will only breed anger and resentment (two factors that get employees running to plaintiff’s attorneys). Don’t yell or get frustrated. If difficult conversations aren’t your strong suit, seek out support from your HR team or your counsel.
A successful performance conversation will start off by letting the employee know you want to talk about their work and a recent situation. Share what their job requires and how they may be missing the mark. Express a shared goal that you want them to succeed, and you want the work to meet the standards your clients and the company expect. Offer ways that they can improve their performance to meet that requirement. It is best to speak in clear, simple language and explain the impact on quality, safety, customers, or the team. Then most importantly, listen. Employees are more likely to hear your message when they feel like they are also being heard themselves. Make sure to schedule a follow up conversation to see how things are going.
Be careful not to make promises you can’t keep regarding pay, hours, or long-term arrangements. If the employee raises health, pregnancy, disability, or religious issues, pause before committing to a fix and check with HR or counsel so any accommodation is handled properly. Once you are alerted to a potential need, the company has an obligation to engage in the interactive process to make sure to follow up under the direction of HR or counsel. Support can come in many forms such as additional training, clearer processes, or even small scheduling adjustments as long as the core business needs are being met.
After the conversation, it is always best to close the loop in writing. A short follow-up email the same day goes a long way. Note the date, what was discussed, the expectations moving forward, any support being offered, and when you’ll check in again. We recommend sending a follow up email that outlines what was agreed upon in the meeting and how changes need to be made. If the performance is consistently lacking, a performance improvement plan may be necessary. Always keep the tone respectful and neutral. For stickier situations, always call your counsel. We can help create a plan that will limit risk and help you make more difficult decisions.
The benefit of this approach? It is going to build trust, reduce risk, and keep work on track. Plus, it’s harder for anyone to say later that they didn’t know what was expected. With steady, kind communication backed by clear support, training and documentation, you can manage tough conversations in a way that’s fair, compliant, and good for business and employees.
