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FREQUENTLY ASKED QUESTIONS AND ANSWERS

What should we do if an employee is not meeting expectations?

If an employee is not meeting expectations, or not delivering the quality or standard of work that you are expecting out of their position, then it may be time to consider performance management. First, however, you should assess what is really going on: is there a new manager that is imposing new expectations on a previously strong employee? Are the expectations reasonable? Is there some external factor, such as a disability or addiction?

If the employee has a history of strong performance, the next step may be to approach them, express your concerns, and ask if there are any external factors impacting their performance.

If, after some consideration, you conclude that performance management is appropriate, it can take many forms, but on the whole it’s about bringing an employee back up to standards, and making sure that they are set up for success in their work.

Some performance management is routine, such as quarterly or annual performance reviews. These are expected conversations where employers will review an employee’s performance, revisit standards and company expectations, and even set new goals for the coming quarter or year. This of course is often when positive performance is rewarded – either with salary expectations, performance bonuses, or other financial incentives.

Yet if an employee is not performing up to standards then there can be a more disciplinary performance management plan in place. This can often take the form of a performance improvement plan (or “PIP”), where an employer and possibly managers will chart out a plan to get the employee back on track. This can include revised expectations, regular meetings and check-ins, enhanced oversight, and other measures to ensure that standards are being met. 

If an employee is not meeting the targets set in the PIP and is still failing to deliver, then yes the employer can move towards termination (more on that later). However not all scenarios may allow the employer to terminate with ‘just cause,’ and if the employer is offering that employee an exit package then poor performance is irrelevant to their legal entitlements. Also,  there is an overarching standard that the employer must act in ‘good faith’ at all times. This includes guiding the employee on a path to success and genuinely hoping they achieve it, and not setting unrealistic standards that set them up to fail. 

Learn more about our approach to performance management here.

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Rudner Law
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Markham, ON
L3R 5B4

Phone: 416-864-8500
Text: 416-864-8500

Email: info@rudnerlaw.ca

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