{"id":94797,"date":"2026-10-20T09:33:07","date_gmt":"2026-10-20T09:33:07","guid":{"rendered":"https:\/\/wesselvanderlans.nl\/ongecategoriseerd\/employee-underperformance-how-to-stay-in-control-as-an-employer\/"},"modified":"2026-10-20T09:56:30","modified_gmt":"2026-10-20T09:56:30","slug":"employee-underperformance-how-to-stay-in-control-as-an-employer","status":"publish","type":"post","link":"https:\/\/wesselvanderlans.nl\/en\/knowledge-base\/employee-underperformance-how-to-stay-in-control-as-an-employer\/","title":{"rendered":"Employee Underperformance: How to Stay in Control as an Employer"},"content":{"rendered":"\n

Every organization eventually faces this situation: an employee is not performing as expected. Agreements are not being met, results are falling short, the quality of the work is subpar, or colleagues are expressing frustration with the employee. A dysfunctional employee not only costs the organization a lot of money and time, but also a great deal of energy.Employers often underestimate how easily a performance issue can get out of hand. Waiting too long leads to frustration and rising costs. Acting too quickly, on the other hand, leads to legal problems. And then there are many other legal pitfalls that the organization must avoid in order to ultimately proceed with termination.As experienced employment law attorneys, we regularly deal with performance issues and see where the biggest pitfalls lie for employers. In this article, we provide more information about poor performance<\/a> and offer dos and don\u2019ts for dealing with underperforming employees to avoid high compensation payments or a failed termination.<\/p>\n\n

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When is performance considered unsatisfactory?<\/h2>\n\n

Simply put, poor performance means that an employee is not doing their job well enough. The organization has a great deal of discretion in assessing the level of performance expected of an employee and determining when those expectations are not being met. This includes the goals that must be achieved, the quality of the work, and the skills an employee must possess.In cases of poor performance, it is important that this not be caused by illness<\/a> or inadequate working conditions. For example, if an entire department is underperforming, this is more likely due to the circumstances than to the employee himself or herself.Another area where it is difficult to distinguish between poor performance and a workplace conflict is labor disputes<\/a>. An employee\u2019s behavior can play a major role in his or her performance, but it can also be a sign of a conflict situation. It is often difficult to distinguish between the two. However, these situations require different approaches. It is therefore advisable to seek legal advice on this matter.<\/p>\n\n

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Consequences of Poor Performance<\/h2>\n\n

Although termination<\/a> may result from poor performance, this is not the only possible outcome that can or even must be considered. Furthermore, there are strict requirements for termination based on poor performance, so it is important to take the right steps at the right time.If it is determined that an employee is underperforming, the first step is to issue a warning. The employee must then be given an opportunity to improve his or her performance. If this is unsuccessful, it must be determined whether the employee can possibly be reposted<\/a> within the organization. Sometimes a demotion is an option in such cases, but not always. Only then might the situation qualify for termination. This can be done through a court-ordered termination, but also through a settlement agreement<\/a> if the employee is open to it. In both cases, consideration must be given to the notice period<\/a> and the transition allowance<\/a> of the employee. If you, as an employer, have not followed the proper steps, you risk having the termination ruled invalid in court or facing a hefty fair compensation<\/a>.<\/p>\n\n

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The Most Important Dos and Don’ts When Dealing with Poor Performance<\/h2>\n\n

Dos<\/h3>\n\n