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2 CORRECTIVE PERFORMANCE MANAGEMENT — A REFERENCE GUIDE FOR MANAGERS AND SUPERVISORS Why Performance Management Matters An important management responsibility is helping employees succeed by coaching them to high levels of performance. Whenever an employee's performance, conduct or attitude is below acceptable standards, you should take positive and proactive steps to help correct the problem. Many problems can be resolved through communicating clear expectations and providing ongoing, objective feedback regarding performance concerns. If proactive measures have been utilized and the employee's performance does not improve, its time to consider more serious corrective action. Cultural and legal perspective: Taking the time to properly assess and address performance concerns is the right thing to do from both a cultural and legal perspective. Talent is our most important asset and we strive to ensure our employees have the tools, training, and coaching they need to be successful. In order to ensure we've given an employee every chance to succeed, the performance management tools explained in this document are essential. From a legal perspective, having proper documentation of corrective performance action is crucial to protecting both the manager and company, should legal issues arise. While it doesn't happen often, the HR and Talent teams, as well as managers themselves, are sometimes brought into legal actions and asked to provide this documentation. It's in everyone's best interest to be prepared for these requests. A N OT E A B O U T "A T W I L L" E M P LOY M E N T: Although employment with OneDigital is at-will, there are many exceptions to at-will employment and these exceptions can often give rise to legal claims. Additionally, being an at-will employee, or an employer in an at-will state, doesn't mean that wrongful termination suits don't happen. They do happen and regardless of the at-will status, the employer will have to prove that the reasons for a termination were justified. So, now that we know why this is important, let's dive in to how we properly manage performance. The following federal laws will affect the employment at-will relationship. In addition to these federal laws, many states have their own laws that could also come into play. Title VII of the Civil Rights Act of 1964 The Age Discrimination in Employment Act (ADEA) The Occupational Safety and Health Act (OSHA) The Uniformed Services Employment and Reemployment Rights Act (USERRA) The American with Disabilities Act (ADA) The Fair Labor Standards Act (FLSA) The National Labor Relations Act (NLRA) The Family and Medical Leave Act (FMLA)

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