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Dealing with problem employees

Nurse Leader Weekly, February 20, 2006

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At some point in your management career, it will be necessary to address employee issues and request that employees improve their behavior, productivity, or patient care skills. Practicing progressive discipline is the best way to address such issues and encourage improvement. Also, in those cases where an employee fails to improve and termination is necessary, your record of progressive discipline establishes that you treated the employee fairly and that you based the employee's termination on solid legal ground.

Hospital human resources departments have extensive policies and procedures detailing how the facility implements and enforces its disciplinary process. To avoid liability, discipline an employee within the bounds of these policies and procedures.

To ensure that you follow correct procedures, first review the disciplinary policies of your facility. Once you are familiar with them, make an appointment with the human resources department to conduct your information-gathering interview. This interview accomplishes two goals. First, it further clarifies your understanding of the disciplinary policies and procedures in your hospital. Second, it introduces you to the people who work in the human resources department of your hospital. You should know these people well because there will be times when you need their assistance at a moment's notice.

During your information-gathering interview with the human resources department, use the following questions to further clarify your understanding of hospital policies and procedures:

1. What types of personnel issues have been identified on my unit in the past two years?

2. How did the management staff address those issues? Were those actions successful?

3. Is progressive discipline-using oral notice and then written warnings-effective in this organization?

4. How do you want to be notified when personnel issues are identified on my unit?

5. I have reviewed the hospital's policies and procedures concerning employee suspension and termination, and I understand that written authority must be received to suspend or terminate an employee. Will you review the chain of command with me so I know how to obtain that written authority?

6. To your knowledge, are there any pending legal actions concerning personnel issues on my unit?

7. Have there been any employee Americans with Disabilities Act (ADA) claims made against my unit?

Editor's Note: This excerpt was taken from the HCPro book A Practical Guide to Legal Issues: Skills for Nurse Managers by Dinah Brothers, RN, JD. Visit hcmarketplace.com for more information.

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