Addressing Performance Deficiencies: Commonwealth Performance Management Program
Addressing Performance Deficiencies: Commonwealth Performance Management Program
This is a guide for handling deficient performance, whether the employee is management,
union-covered, civil service, or non-civil service.
Deficient performance is that which is less than satisfactory, such as Employee Performance
Review ratings of “Needs Improvement” or “Unsatisfactory,” or performance that drops
below the satisfactory level at any time during the evaluation period.
Keep in mind that this guide provides general guidance. Raters and reviewing officers are
encouraged to work closely with their Labor Relations Coordinator, since various labor
relations issues are often associated with managing performance. There also may be other
issues related to work performance that are not covered here. Additional information on
the Performance Management Program is contained in Management Directive 540.7.
Proper performance management starts with clear, written performance standards that are
specific, measurable, achievable, realistic, and time-bound.
Performance standards define what constitutes satisfactory performance and serve as chief
measures of an employee’s performance. Standards must be in place and communicated to
each employee at the outset of an evaluation period.
In any event, when an employee is not meeting performance standards, the supervisor
should make the employee aware of deficient performance as it occurs. Supervisors should
not wait for the employee’s next scheduled employee performance review (EPR) or until the
problems become excessive. The supervisor should document deficient performance before
speaking to the employee. When meeting with the employee, it is critical for the supervisor
to stay focused on the performance problem(s) and to remain undistracted by unrelated
issues. Good documentation helps the supervisor accomplish this, and addressing problems
as they arise can often prevent them from expanding.
Lack of Job Knowledge can usually be corrected with the transfer of information. The
supervisor is responsible to determine if the employee knows how to perform his or her job.
If not, training or instruction often can help. Probationary periods are the appropriate time
to focus on and determine if an employee has the capacity for the work and if he or she has
acquired sufficient knowledge to do the job satisfactorily.
Supervisors should use probationary periods properly, whether dealing with lack of job
knowledge or other reasons for deficient performance. This means considering extensions
of probation where performance is less than satisfactory, but the employee shows promise
of being able to attain a satisfactory level of performance within a reasonable period of
time; and using the probationary period to separate employees who demonstrate that they
are unlikely to improve to a satisfactory level. These are areas where the Labor Relations
Coordinator’s help is invaluable.
Whether an employee is well suited to the job depends, in part, on whether he or she
is capable of performing the job’s essential functions. If he or she is capable, the supervisor
must hold the employee accountable to produce the desired results. If the employee is not
capable, then he or she is not well suited to the job and transfer, demotion, or dismissal
may be necessary.
Emotional or external factors may affect the employee’s performance. However, the
supervisor should not diagnose or become involved in an employee’s personal problems. If
deteriorating job performance is identified, the supervisor should inform the employee of
the professional services available from SEAP, 1-800-692-7459, (or TTY 1-800-824-4306).
Program Advisory Guide: September 2011
Addressing Performance Deficiencies
SEAP referrals are appropriate whether work-related or non-work related factors are
present.
Review the employee’s work against the performance standards and document the specific
instances of the employee’s deficient performance.
Discuss the documented performance issues with the employee. This involves counseling
about the gap between expectations/performance standards and outcomes, to include the
offer of suggestions/ recommendations of actions the employee can take to close this gap
and the provision of notice that continued performance deficiencies might have potential
disciplinary consequences. If deficient performance persists, counseling should generally be
repeated. (The number of times it is repeated will depend upon the nature of the
employee’s job and the type and degree of deficient performance.) All such counseling
should be well-documented.
If counseling does not correct the deficient performance, develop an EPR based upon the
documented instances of deficiencies and how they deviate from performance standards.
After discussion with the reviewing officer, present the signed and dated EPR to the
employee and discuss the reasons for the rating. During meetings to discuss deficient
performance, employees covered by a collective bargaining agreement or memorandum of
understanding are in some circumstances entitled, at their request, to obtain union
representation. Again, the Labor Relations Coordinator’s advice should be sought.
An overall rating of “unsatisfactory” can serve as the basis for disciplinary action. If this
course is pursued, the employee’s rights to just cause and due process must be ensured.
(Consultation with the Labor Relations Coordinator should occur.) While an overall rating of
“needs improvement” does not warrant discipline, action to address the underlying
performance deficiencies must nonetheless be undertaken.
Whether or not discipline is taken, it is critical that the supervisor work with the employee
to develop a work or action plan which outlines the steps that will be taken to address the
performance problem(s). Identify all areas of deficient performance and give the employee
the recommendations for improvement. Solicit employee feedback and cooperation on
ways to improve his or her performance. With an overall unsatisfactory rating and the
accompanying disciplinary implications, it is particularly important that this work plan be
specific and well-documented. Then:
• Inform the employee of the intent to assess employee work assignments and work
products relative to the established work plans and standards.
• Inform the employee that progress reviews (for overall “needs improvement”) and/or
interim EPRs (for overall “unsatisfactory”) will be used to provide feedback/document
his or her performance. Provide the planned review schedule to the employee.
• Refer the employee to SEAP. Supervisors should not diagnose or become involved in
the employee’s personal problems.
Follow through and document. Hold progress reviews as planned and/or interim EPRs
with the employee and continue documenting and providing appropriate feedback to the
employee as he/she progresses.
Be sure to consult with the Labor Relations Coordinator throughout the process. It is very
important to maintain appropriate documentation throughout the performance management
process.