Elementum

Addressing Underperformance.

Address genuine underperformance fairly to the person and safely for the organization, because avoiding it is unfair to everyone and doing it badly is a legal risk.

Before you begin, the legal edge, and it is not optional

Discipline and termination carry real exposure: discrimination and wrongful-termination claims, protected-class and retaliation questions, final-pay and notice rules that vary by place. Before you discipline or fire anyone, and especially if the person is in a protected situation or anything is unusual, talk to an employment attorney or an HR professional. The deeper work lives in the compliance, legal and risk work.

Step one, name it and give a real chance

The specific gap against the written expectations, in plain, non-cruel terms

What improvement looks like, concretely, and by when

The support you will provide

Documented, and shared with the person.

Step two, follow through honestly

If they improve, say so clearly and move on. Recognition here matters. Note the outcome:

If they do not, and only after the fair process and the right professional guidance, part ways lawfully and with dignity. Note the guidance you got and the plan:

Fair means clear expectations, honest warning, a real chance, and support. Safe means a professional in the loop wherever there is any legal risk, which is most of the time. Humane means remembering there is a person, and often a family, on the other side, even when the decision is right.

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Uses the Expectations and Goals and the review record as its foundation. Routes legal specifics to a professional and to the compliance, legal and risk work. Back to the guide, or start over.