#8 Performance Problems That Arise Right After the New Hire’s Probationary Period Ends

Paralegal’s interest in his position appears to wane soon after his ninety-day introductory period ends. He begins playing solitaire on his PC and appears defensive and overly sensitive when he’s questioned about his performance.

PERFORMANCE CORRECTION NOTICE

Employee Name: Mark Gonzales

Department: Trademarks/Patents

Date Presented: November 23, 2017

Supervisor: Gordon Hondo

 

DISCIPLINARY LEVEL

imageVerbal Correction—(To memorialize the conversation.)

imageWritten Warning—(State nature of offense, method of correction, and action to be taken if offense is repeated.)

imageInvestigatory Leave—(Include length of time and nature of review.)

imageFinal Written Warning

imageWithout decision-making leave

imageWith decision-making leave (Attach memo of instructions.)

imageWith unpaid suspension

 

SUBJECT:Substandard work; oversensitivity to constructive criticism

imagePolicy/Procedure Violation

imagePerformance Transgression

imageBehavior/Conduct Infraction

imageAbsenteeism/Tardiness

 

PRIOR NOTIFICATIONS

image

Incident Description and Supporting Details: Include the following information: Time, Place, Date of Occurrence, and Persons Present as well as Organizational Impact.

Mark,

Less than two weeks ago, I congratulated you on completing your initial training period at our firm. I remarked on how much you appeared to me to be enjoying your work, and you stated that you indeed felt very involved in your position and felt like you were making a difference. However, in the past week I have received two complaints about your performance. First, two fellow attorneys brought to my attention the fact that they witnessed you playing solitaire on your PC throughout the day. They noticed this because your PC faces out into the hallway, and although you have your back to the door, others who pass by and glance into the room can see your computer desktop very clearly.

When I brought this issue to your attention, you reacted by immediately defending yourself. You stated that no one had any business looking at your computer desktop and that as long as the work was getting done, no one had the right to criticize you. Understand that I would expect my peers to bring issues such as this to my immediate attention, just as I would serve as an extra set of eyes and ears for them. Therefore, it was totally appropriate for them to bring this matter to me. Your overreaction and inappropriate sensitivity are not what I expected, however, especially seeing that you were indeed playing computer games while we’re under deadline.

Second, it appears that you are not as up to date on your desk as I originally believed. Client attorney Charles Stone called me to say that the Vanguard file is not prepared for litigation because several pieces of information are missing: Namely, the subpoena duces tecum was not properly served on Chandler Corporation, so the records are not available; the deposition subpoena for John Roscoe is missing; and your litigation checklist has not been properly completed. You have been working on this case for a month, and these omissions could seriously jeopardize the time limits that we’re facing.

 

PERFORMANCE IMPROVEMENT PLAN

1. Measurable/Tangible Improvement Goals: Mark, I expect you to refrain from playing solitaire on your PC. More importantly, I expect you to create and maintain an image that is appropriate for a newly hired paralegal in a large, well-recognized law firm. I expect you to accept constructive criticism in the spirit in which it is meant. And most importantly, I expect you to meet all deadlines on all cases at all times. Should there ever be a time when you can’t meet the deadlines established, I expect you to let me know in advance so that I can provide additional resources for you to meet your goal.

2. Training or Special Direction to Be Provided: I will meet with you later this week to review all files pending on your desk. I will answer specific questions you have about our firm’s administrative practices and work with you on the more challenging files that require added attention. I will then meet with you at weekly intervals for the next month to ensure that you are totally up to speed on your desk.

3. Interim Performance Evaluation Necessary? No

4. Our Employee Assistance Program (EAP) provider, Prime Behavioral Health Group, can be confidentially reached to assist you at (800) 555-5555. This is strictly voluntary. A booklet regarding the EAP’s services is available from Human Resources.

5. In addition, I recognize that you may have certain ideas to improve your performance. Therefore, I encourage you to provide your own Personal Improvement Plan Input and Suggestions:

image

(Attach additional sheets if needed.)

 

OUTCOMES AND CONSEQUENCES

Positive: I will remain available to help you and discuss areas where you require additional support. If you meet your performance goals, no further disciplinary action will be taken regarding this issue. In addition, you will derive greater satisfaction from your work if you feel more confident about what I’m looking for in the files that you handle.

Negative: I was very busy during your first three months at this firm, and I perhaps jumped to conclusions regarding your performance and potential fit in the organization. This document serves as a written warning for substandard performance. I hope that we will never have to address these issues again—especially the issues regarding your apparent disinterest in your job and your hypersensitivity. However, if at any time in the next ninety days you fail to complete your research and administrative duties in a timely manner, you will be placed on a ninety-day final written warning. Any breaches of this agreement or the firm’s standards of performance and conduct during that final warning period may result in your discharge. A copy of this document will be placed in your personnel file.

Scheduled Review Date: Three days (November 26)

 

EMPLOYEE COMMENTS AND/OR REBUTTAL

image

 

EMPLOYEE ACKNOWLEDGMENT GOES HERE

 

 

 

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