Management and Discipline of Problem Employees


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Employees can and should be your greatest resources. But, they also can be your biggest headaches. They need to be managed effectively, and problem employees need to be disciplined in a way that encourages their increased effectiveness within the company while sending a message to your other employees about conduct that is not acceptable.

What is a problem employee? Like they say, “you know it when you see it.” It is anyone who is not meeting your expectations of productivity, attitude or behavior. Usually, it is a high maintenance employee. But, sometimes, it simply is an employee who just doesn’t get his or her work done during regular hours and who constantly works overtime, adding unexpected cost to your already tight budget.

Managing and disciplining problem employees needs to be done in a way that doesn’t send them running to lawyers. The process of Progressive Discipline has become generally accepted in most business contexts, which means that some form of discipline should start as soon as the troubling conduct is discovered, and it should be recorded in the employee’s personnel file for future reference.

As former General Counsel of large companies, the lawyers at DailyGC™ have lots of practical experience dealing with the management and discipline of problem employees. We will help you to build policies and procedures that are fair to you and to your employees while maintaining the work environment that you need to maximize employee productivity and ownership profits.

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At DailyGC, we provide legal advice and counsel on the full range of legal problems and legal-related business issues that small businesses and startups routinely face in their management, sales, operations and administration. The following are examples of these kinds of problems. You may use these descriptions on your Priority Issues Identifier Form� or you may write your own descriptions.
Business Contracts and Relations:
� Customer Contracts and Disputes
� Vendor Contracts and Disputes
� Collections
� Bank/Lender Relations and Issues
� Landlord/Tenant Relations and Issues
� Bonding/Insurance
� Nondisclosure and Confidentiality Agreements
� Procurement and Management of Outside Counsel
� Recruiting/Hiring Practices
� Employment Agreements
� Employee Compensation and Benefits
� Employee Manuals, Policies and Procedures
� Compliance with Government-Required Benefits Programs
� Payroll Compliance with Court Orders
� Discrimination and Harassment Claims
� Management and Discipline of Problem Employees
� Terminations
� Unemployment Insurance Claims
� COBRA Procedures
� Hiring Independent Contractors
Dispute Resolution:
� Case Analysis and Assessment
� Mediation/Arbitration
� Strategies for Litigation, Discovery and Negotiation
� Settlement Analysis
General Corporate:
� Entity formation
� Corporate Governance and Record-Keeping
� Shareholder Relations
� Compliance with Governmental Regulations
� Compliance with Corporate Contractual Obligations
� Contract Review, Analysis and Negotiation Coaching