August 2023 Volume 5

OPERATIONS & MANAGEMENT

So, what can you do? The primary need is for the manager to be direct and honest in feedback. Avoiding or downplaying the issues cannot help you, nor help Peggy Sue to improve. So, where do you get this direct feedback? Again, for those employers that have formalized or just expected performance management systems, using them is a good first step. For those that don’t, you certainly can create them. But you also can take a simpler approach. For example, a manager can set a reminder on a regular schedule (monthly, every 2 months, quarterly) to check in individually with each member of his/her team. Ideally, he/she has a conversation both about what is going well and where there are opportunities, and then follows it up with an email. If you are not able to have a conversation, still do the email – consistently across your team. Of course, this takes time (and energy!), but it is not meant to be overly burdensome. It could just be a note to say, hey – this went well for you, but I am seeing (or continuing to see) issues with this and ask that you focus there, or you need to meet deadlines, or turn on your camera, etc. If there are consistent issues with a particular employee, the manager can shorten the time between meetings. With this check-in, you should have a more real-time record of what is happening so that (ideally/ hopefully) you are not months down the road before you and Peggy Sue have a real conversation about all this. I know this can be viewed as just another thing on your “to-do” list, but consistent and timely feedback provided to Peggy Sue will put

you in a much better place with your HR team. Plus, there is the potential that she really does improve. And, regardless, this is not just “extra” work for the manager. He/she can use these communications in assisting with the annual (or mid-year) evaluation. This review document (or documents) should reflect performance over the course of the total period (year, six months), and ideally should repeat the interim messaging you already have provided. In other words, with these check-ins, you should have your materials all together for any formal review process. And when it comes to the question from HR of “What have you told her?” - you also will be able to say in response: “This is what I told Peggy Sue.”

Johanna Fabrizio Parker is a partner in Benesch's labor and employment group. Her practice involves representing and counseling management clients in a wide range of complex employment matters, including claims of discrimination, harassment, and retaliation brought under federal and state law, as well as wage and hour claims, and matters involving noncompetition agreements and trade secrets. She can be reached at jparker@beneschlaw.com.

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