Three strikes you're out!

SUSAN, YOUR TECHNICIAN, HAS BEEN LATE SEVERAL times in the past few months. She's been rude to three or four clients. And to top it all off, she left last night without getting all of her work done. So now the surgical packs aren't ready and surgery will be delayed—which of course means no lunch for everyone and probably a very, very long day. You've spoken with Susan but can't fire her, because it's so hard to find technicians and she does have her good days—though they're becoming fewer and fewer.

What you probably don't realize is that you're about to lose a passel of other employees because they're so fed up with Susan getting away with everything. Employees lose respect for a practice owner or manager who allows an employee to behave in this manner without any repercussions. And in the end, it hurts the practice more to retain this problem employee than it would to let her go.

In the trenches: Three good firing decisions

Still, there's a right way and a wrong way to fire an employee. The wrong way: Go to Susan on Monday, present everything she's been doing wrong and fire her immediately. This "no warning" approach isn't fair to the employee, and it could result in a wrongful termination suit. The right way is to follow this three-step termination process:

1. If there's a performance issue with an employee provide a verbal warning.

2. If the problem is not then resolved, issue the employee a written warning.

3. If it's still not resolved, liberate (read: fire) the problem employee.

Set ground rules

Every employee at your practice should always know what's expected of him or her at work and the consequences of failing to meet any of those expectations. The first step toward accomplishing this goal is to create and maintain accurate and updated job descriptions for each employee. After all, if employees don't know what's expected of them, how can you hold them accountable for their actions or inactions?

Next, put your discipline policy in your employee manual. Something like this, "If an employee fails to perform to the stated standards of the practice, he or she will be provided with a verbal warning. If the problem is not resolved, he or she will receive a written warning. And if it's still not resolved, termination will result." Also include a write-up regarding termination for cause. For instance, some actions such as cruelty to animals or dishonesty should result in immediate termination.

Give a verbal warning

Yes, we call this a verbal warning, but you need to document this conversation and keep your notes in the employee's confidential employment file. To deliver a verbal warning, call the employee into a private office and inform him or her of the problem. State it in a factual, not emotional, manner.

"Julie, I need to discuss a problem I'm having with your punctuality. You've come to work late twice during the past two weeks. Your tardiness is causing a problem in our practice because other employees end up doing your work and can't get their own work done. Surgeries started late, doctors and other team members missed lunch, and the disruption even affected our afternoon appointments."

Once you explain the problem, present the change in behavior you expect from your employee. Be specific, not emotional. "Julie, because of the reasons I've described, I need and expect you to come to work on time. You need to be here ready to work at 8 a.m. Can you commit to this?" At this point, the employee has the opportunity to respond to your statement. You need to listen to him or her, but in the end, you need to state and agree upon a clear expectation.

Explain the consequences the employee will face if he or she doesn't abide by the agreement you've just entered into. "Julie, you're a wonderful technician, and I'd sincerely like to see you continue on with our hospital, but I do need to inform you that due to the circumstances we just discussed, I'm now giving you a verbal warning. If you violate one of our rules again, I'll be forced to give you a written warning. If the problem continues after the written warning has been issued, your employment will be terminated. Do you understand this, and do you have any questions?"

Finally, document the verbal warning. Ask the employee to sign the verbal warning form once he or she reviews it. If the employee refuses to sign, make a note that he or she refused to sign. And I recommend that you have another individual who holds a managerial position in the room during any disciplinary discussions. That person can also attest to the verbal warning and should sign the document.

Give a written warning

Well, unfortunately, Julie's behavior doesn't improve. She came in late again this morning, and now you must give her a written warning. Again, do this in a private office with a third party present, and begin what you have to say by stating the problem factually, not emotionally.

"Julie, as you know we spoke about your tardiness and the problems it was creating within the practice two weeks ago. Unfortunately, you were late again this morning. As we discussed, repeating this behavior sparks a written warning. I've stated on this warning the type of violation, the fact that I gave you a previous warning, and that if problems continue your employment will be terminated.

"This is a serious situation, and I'll have no alternative than to terminate your employment here if you violate one of our rules again. Do you understand or have any questions?"

Once again, employees should have the opportunity to state their case, but the reality is there's really nothing they can say at this point that will change the outcome. Nonetheless, you need to listen and make a note of their comments. Finally, ask all parties to sign the form, and file it in the employee's confidential employment file.

Fire the problem employee

Yes, you guessed it, Julie, was late again this morning. By now Julie knows she's going to get fired, no big surprise. She basically fired herself. But, you still need to go through the process. Really, you do.

Once again, call her into your office. This time I suggest you make it at the end of the day or at the end of her shift. And again, have a third party in the room.

"Julie, as you know you were late again this morning. We discussed this problem last week when I gave you the written warning and prior to that when I gave you the verbal warning. Based on these facts, I have no other option than to let you go. I'm terminating your employment because of excessive tardiness. Please collect your personal belongings and turn in your key and other hospital property. I'll prepare your final paycheck."

If the employee protests, you need to use what I call the "broken record" response. Julie says, "But my car wouldn't start this morning!" You reply, "Julie, I understand, but as you know, I gave you a verbal warning and a written warning, and you were late again this morning. I'm therefore terminating your employment." Julie protests, "But Cindy was late this morning, and you aren't firing her." You reply as before, "Julie, I understand. But as you know I gave you a verbal warning and a written warning, and you were late again this morning. I'm therefore terminating your employment." But, but, but! No matter what the employee says, you repeat, "Julie, I understand, but ..." Finally, the employee will get the message and leave the practice.

Now, pay attention. This part is very important: If you go off on a tangent and talk about the other employee or anything that's not related to the termination, you may set yourself up for a defamation of character or wrongful discharge suit. Remember to always use the broken record response. Always.

I'm gonna, I'm gonna

Too many practice owners and managers fall into the "I'm gonna" trap. They tell their employees, "If you do that again, I'm going to give you a verbal warning or I'm going to give you a written warning," but they never do. It's a big problem and grossly undermines a manager's effectiveness. The employee knows the manager will never fire him or her; it's just an idle threat. If you begin this process, you must be willing to follow through. Making threats without taking action invalidates you as a manager.

Terminating an employee doesn't have to be a confrontational situation. If you follow the three-step process I outlined here, employees have every opportunity to correct the behavior. If they decide not to change the behavior, they've decided they no longer wish to be your employees. You might even say, "Julie, by not coming to work on time this morning, you've indicated that you no longer wish to be employed here. Therefore I am terminating your employment ..."

You harm your practice by not terminating an employee who fails to fulfill his or her responsibilities. You're sending the wrong signal to other employees, basically telling everyone else that it's acceptable to break the rules. Or they may interpret your inaction to mean that this one employee is special and doesn't need to follow the rules. That's not the right message.

Take the analogy of children: If you let a child do whatever he or she wants, with no guidance or consequences for his or her actions, you'll end up with one big problem on your hands. In fact, experts say children want direction, guidance, and even discipline, and they feel unloved if they do not receive it. Well, love your employees! Give them direction. Guidance. And, when necessary, discipline. It will improve your work environment and foster a winning healthcare team.

Mark Opperman

Veterinary Economics Hospital Management Editor Mark Opperman is a certified veterinary practice manager and owner of VMC Inc., a veterinary consulting firm based in Evergreen, Colo. Send your comments to ve@advanstar.com.