Suits By Non-Performers

N T lS a frustrating fact thal even r poorly performing employees often win lawsuits [or discrimination or wrongful termination.

They often claim. "I didn't know what was expected of me;" "I didn't know that I wasn't meeting job standards." or "I didn't know this awful thing (termination, demotion, etc.) could happen to me."

How can an employee who is dismissed for sub-par performance win such a lawsuit? Often, it is because the supervisor failed to communicate in a clear manner, or at all, exactly what job standards applied and what the particular employee needed to do to meet those standards.

Equality of opportunity isn't the same as equality of outcome. In the courtroom, the dismissed employee doesn't have the burden to prove he would have succeeded; but rather, simply that he wasn't given an equal opportunity to succeed.

Many managers and supervisors are terrified of the performance appraisal process. It is difficult to convey "bad news" to an employee who is likeable and trying hard, but just isn't meeting performance expectations. It can be even more difficult to provide criticism to an employee who is neither likeable nor demonstrating a positive attitude, because the leader fears a defensive reaction. Still, the most frequent reason for ineffective or nonexistent performance appraisals is the absence of specific, measurable standards with which to perform a viable evaluation. This creates business inefficiencies and very real legal risks.

Appraising employee performance with reference to a set of written standards, which mirror the job descriptions, is a valuable approach. Standards-based appraisals are an especially effective way to document that employment decisions, such as decisions to terminate employment, withhold pay increases, or promote one employee over another, were made fairly and without illegal prejudice.

Objective standards, communicated clearly and consistently to employees, are critical. Employees should understand clearly what is expected of them.

Clear standards have the followins attributes: t ? Every position should have performance standards. need to be written or reviewed before standards can be written so that standards can be set for each task.

To say that written standards cannot be prepared for a position is to say that the supervisor does not know what to expect of an employee and that the employee's work cannot be objectively evaluated.

;),. StanOaras should cover specific positions, not broad classes of positions.

Even though certain employees may have the same job title, different standards should apply for these employees if significant differences in operating practices or working conditions exist. For example, a clerk typist in accounting and one in public relations would perform different work, probably in different quantities. Only when the duties and working conditions of positions are identical should a single set of standards apply to them.

A task is a major unit of work or significant component of the job. The task statement should be broad enough to serve as a significant tool for evaluating an employee's performance, but not so broad that it becomes burdensome or impossible to develop standards for the task.

It is important to avoid overly broad statements such as "Does routine clerical work," which may, in the case of a clerk, describe the entire job.

Statements of overall responsibility do not give enough help in defining a job. In general, statements with words such as "supervises," "coordinates," or "directs" probably describe overall responsibilities rather than tasks.

Overly narrow statements should also be avoided. For example, "places correspondence in file folders" is only a sub-task of the major task "maintains correspondence files. "

Relatively minor tasks should be omitted. Remember that what is a major task for one employee may be a minor task to another employee. For example, the maintenance of correspondence files, while a significant task for a clerk, is only a minor task for a civil engineer.

For ease in rating, most jobs should be described in terms of four to eisht major tasks.

4. Standards should apply to specific, significant tasks.

If the employee's responsibilities are expressed in vague, general language, it will be difficult-perhaps impossible-to write clear, meaningful standards for the job. Wherever possible, tasks should be expressed in concrete terms that describe definite actions that the employee takes. Also, standards should normally not be written for temporary or unusual responsibilities or minor tasks, since this would make the standards toovlong and complicated, as well as difficult to communicate and administer.

5" E"*.y task should have one or more performance standards by which accomlishment of the task can tre judged.

Standards should specify what level of performance is expected in relation to a given task-that is, what the employee is expected to do and how well he or she is expected to do it.

Performance standards should serve as benchmarks that tell the HR professional and employee when and under what conditions the employee's performance of the task is satisfactory. "Satisfactory" means a "good" level of performance, reflecting what an employee in that job can normally be expected to do.

(1. Standards should reflect a fully acceptable or a satisfactory level of performance. Standards should be attainable and should reflect what is expected of a fully trained and competent employee. Standards must be high enough for the work unit to accomplish its objectives and low enough for competent employees to reach them.

V. Standards should be expressed precisely.

The more precisely standards are stated, the easier it will be to evaluate performance and give employees guidance on what is expected of them. For example, "Responds to requests for estimates in accordance with established deadlines" is not as precise as "Responds to requests for estimates within two days of receiving a request."

Vague or general words or phrases, such as "reasonable," "seldom," or "rapidly," should be replaced with more precise terms whenever possible.

- Ms. Eyres is a professional speaker, author and attorne)-, with over l8 years defending businesses in the courtroom. She can be reached at www.preventlitigation. com or (800) LIT-MGMT.

STANDING ROOM 0NLY: The closure 0t the popular Eureka Inn forced the Humboldt Hoo-Hoo Club to holds its annual crab feed in a smaller venue. limitino to 300 the number of quests at the Jan. 20 event in Eureka, Ca. (1) Riih Giacone, Gary Ganible, David Jones. (2) Tim Moxie, Tom Mrller. (3) Don Frank. Mike Webster, Darren Duchi. (4) Dick & Elaina Jackson, Mike Croxton, Ken Laughlin, (5) Loren Krebs, Doug Willis (6) Don Kepon. Chuck Center. (7) Joe Allota, J.Fl. Rightowar, Joe Schoneman. (8) Tod Holmes, Deber Dodd (9) Kent Mulkins, Bich

Graham, Bill Sullivan. (10) Steve Gabbert, Rodney Kautz, Ross Calloway. (1 1) Edgar Massoletti, Julio Spragia, Dave Runyan, Eill Scott. (12)Bruce Burton, Cathy Dewald. (13)BillAcorn, Ron Borges. (14) Chris Tritschler, Ronda McDonald, Bob Palacioz. (15) Dan Mclntire, Mike Carey, Harold Dodero. (16) Tanka Chase, Jon Hqgen, Chris Johnson, Gary lsland, Larry Williamson. (17) Margo & Jack Connor, Jan Hansen. (18) Mike Turner.

(More photos on next page)

MORE CRAB FEEDERS (continued from previous page):

(1) David & Marti Cutler. (2) Fran Brown, Charlie Samman, Maria Legg. (3) Lee lorg, Boss Muxworthy, Jim Russell. (4) Nolan Schweikl, LoRen Justice. (5) Ron Hansen, Jim Ramsey. (6) Libby Titus, Donn Zea, Stacey Jones. (7) Frank Solinsky, Dave Higi. (8) Gary Gudlach, Julie Wright, Orville Chedester. (9) Rick Cornell, Linda Reed, Cheryl Bahneman, Jeff Breitzman. (10) Valerie Scoggin, Jan Roof . (11) Rosie & Ted Gilbert, Eleazar Chavez. (12)John Allen, Claudia Lima, Jack Butler. (13) Rick Hermanson, Jack Price, Erol Deren, J.J. Johnson.

(1a) Bob DiMeco, Jean Hamberg, Brad Klima, Curt Wood.

(15) Steve Hagen, Gregg Moss. (16) Tom Von Moos, Saul Castro. (17) John Littlefield. Sean Burch. Jan Hansen. Todd Johnson. (18) Travis Camobell. Kevin Paldino.

OVER 1 ,600 exhibilors came to Orlando, Fl., to showcase their products at the Jan. 13-16 International Builders' Show. (1) Georqe Judd. Bob Ramont. (2) Tony Kornichuk, Mark Deremo. (3)kim Mc6owan, Lloyd Brown, Ameshia Turlington. (4) Drew Knox, Jennifer McAvoy, Ryan Pratt. (5) Tom Couch, Drew Kappus, Marv Askey, Ralph Guthrie. (6) Titich Titchen. Max Herrmann, Cindy Alton, Werner Fluckiger, Uli Walther, Bod Sienkiweicz. (7) Bill Blount, Karen Chessler. (8) Rebecca Mengat, Bruce Palmer, Erin Canosa, Huck DeVenzio, Dick Gates, Brandon Hollier. {9) Chris Rubin, Teresa Domingues, Gavin Taylor. (10) 64

Tnr: MERcHaNT M,rc;,lzrNl: Frsnunny 2005

Mike Pidlisecky, Jamie McFadden. (11) Jeff Wyatt, Mike Warren, Richard Kleiner. (12) Tony Saad, Benoit Jean, Albert Renaud, JeanMare Dubois, Don Simon. (13) George Strakes, Seamus O'Reilly. (1a) Brian Hawrysh. (15) Mark Stevens, Mark Reum, Brad Andvik. (16) Tim Raphael, Jim Mace, Beth Hurd, Paul Macke, Ed Burke. (17) Barry Taylor, Kelly Stephens, Derreck Manteau. (18) Mike Reep, Sherrill Green. (19) Dan Beaty, Rich Sanders, Craig Young, Doug Asher, Chuck Rigoni. (20) Bill Venable, Gary Wright, Jerome Kolosky, Gary Titus. (More photos an next page)

Rates: 25 words for $25. additional words 70d each. Phone number counts as one word, address as six. Headline or centered copy, $6 per line. Private box or special border, $6 each. Column inch rate: $45 camera- ready, $55 if we set the type. Send ad copy to The Merchant Magazine, 4500 Campus Dr., Ste. 480, Newport Beach, Ca. 92660, Fax 949-8520231, or catl (949) 852-1990. Make checks payable to Cutler Publishing. Deadline for copy: I 8th of the previous month.

LUMBERMAN Retired after 37 years selling and managing my wholesale and remanufacturing business concentrating on, but not limited to, cedar custom pattems and product development. Now looking for part- to fulltime work, in manufacturing or remanufacturing production or sales. I live in Seattle area, but would relocate. Contact John W. Mauk, (425) 8854940, or Fax to 425-882-1111; email: iwmauk@seanet.com.

DISTRIBUTION/GENERAL MANAGER.

Large, Califomia-based wood products distributor is searching for highly motivated individuals. A minimum of five years management experience in sales, rvarehousing and distribution of high quality products to the millwork, cabinet and construction industries is required. We offer competitive salary and incentive plans with a complete benefits package. If joining a successful management team in a growing company is the opportunity you are looking for, send your resume to Box 699, c/o The Merchant Magazine, 4500 Campus Dr., Ste. 480, Newport Beach, Ca. 92660, or Fax 949852-0231.

20-YEAR-OLD COMPANY looking for a few good men (or women). Experienced sales persons wanted for wholesale lumber trading. Cedar and hardwood positions with open territory. Also seeking pine and dimensional traders. Generous commissions and excellent benefits. Please send resumes to: Horizon Lumber Products, Inc., P.O. Box 7347, Bend, Or. 97708: Fax 541-38tt-4504, or call Heather Stone at (541) 388-8888.

,#,illouru*c C'up,r.ur

Moulding And Millwork Sales

Sunset Moulding Company, a Northern California-based company, is seeking experienced salespeople. Candidates must have comprehensive knowledge of the Moulding and Millwork sales process in solid, fingerjoint and MDF product lines. Highly motivated, selfstarting individual looking to grow with an expanding company offering an excellent benefit package with salary and incentives. Principals only, no agencies, no recruiters. Please email resume to mark@sunsetmoulding.com or Fax to attention Mark Westlake at 530-6952560. All inquiries and resumes will be strictly confidential.

BIG CREEK LUMBER is looking for an experienced lumber & panel buyer for our northern central coast locations. The position is based in Watsonville with regular visits to our northern facilities (Santa Cruz, Davenport & Half Moon Bay). The successful candidate will have lumber & panel purchasing experience: knowledge of the lumber & panel market; knowledge of inventory management practices: a cheeful & co-operative attitude; the ability to handle pressure situations in a professional manner; and be very well organized. Please send resume to Gayle Lovell, P.O. Box 550, Watsonville, Ca. 95011l. e-mail gaylel@bigcreek.com; or Fax resume to 831-761-1634, Attn: Gavle.

EXPERIENCED HARDWOOD LUMBER

Industrial Wood Products Sales

Universal Forest Products is seeking an experienced industrial salesperson for the company's Riverside, Ca., facility. Candidates must have comprehensive knowledge of industrial sales processes. We need a highly motivated, selfstarter, willing to do what it takes to land new business in a fast-paced competitive environment. Generous salary and benefit package commensurate with knowledge, experience and ability. If you are interested in joining what Forbes magazine calls "One of America's best managed companies," please e-mail your resume to Tim Gaffney at tgaffney@ufpi.com or Fax to 909-826-3013. All replies will be kept strictly confidential. Universal is an equal opportunity employer.

Salesperson wanted. Progressive lumber company seeking outside salespgrson. Generous commission schedule & medical benefits. Please send resumes to: Summit Hardwoods. Attn: Terie Lorentzen, l4l5 E. Grand Ave., Pomona, Ca. 91766, Fax to 909-469-1659, or call Mark Michie. (310) 638-0468.