Here is a hypothetical question from a manager.

Our performance review process is haphazard at best. Standards are inconsistent, performance feedback is sporadic and goals are not in alignment with our business strategy. This year I have an employee who is not performing well, however, in fairness to her, she has not received a great deal of direction or feedback. I now have to complete her year-end review and I am not sure how to proceed. I am tempted to tell her things are not working out, but I think we may run into legal difficulties if I do so. What is the best way to proceed?

First step:

Stick to the truth. You must honestly convey your concerns to this employee. However, you must also communicate that you are willing to give her the direction and support she deserves to help her to improve her performance. Begin with clear performance expectations based upon the job description. Tie observable outcomes to business success for each of the goals. Then prepare a development plan in conjunction with the employee. What areas does she need to improve? How will success be measured? How can you support her to improve in these areas? How often will feedback be given? Set a timeline at the end of which you expect to see improvement. Then have regular conversations about progress against goals, providing tips and suggestions along with constructive criticism. Keep accurate records of feedback and conversations. Once the timeline is over, review progress with the employee. If progress you see progress, then continue with this process. If progress has not been made, then you will have the necessary documentation if you decide that it is necessary to tell her that things are not working out.

Second step:

Speak with HR about your performance management process. If this type of situation happened once, it will happen repeatedly until the performance management process is improved.