Introduction
In many jobs, especially in sales, targets play an important role. But what if the set targets are not met? This blog explains when unmet targets can lead to dismissal and what obligations an employer has in this regard.
What if you don't meet your targets?
Many industries, especially sales positions, employ targets. Targets are goals that employees must achieve within a certain period of time. Meeting targets can lead to attractive bonuses, but what happens if targets are not met? Can an employee be fired as a result?
These types of issues frequently lead to divergent rulings in the courts. Sometimes the employer is vindicated, but by no means always.
Targets and dysfunction: when does it play a role?
A well-known case involved a managing consultant who, given her high position, was expected to independently meet the set targets without much guidance. When this failed, her performance was called into question and the judge ruled that someone in her position could be expected to meet targets independently.
In another case, things turned out differently. There the judge found that the failure to meet targets was in itself insufficient to speak of dysfunction. In fact, the employer had provided insufficient support. It had not been shown that the targets were realistic and the employee had not been given a fair chance to improve his performance.
This shows that employers cannot simply argue that an employee is dysfunctional because goals are not met. There are clear requirements on the part of the employer.
What should your employer do?
The employer should make it clear why the targets set are achievable and realistic and give you, the employee, a reasonable period of time to show improvement. This includes serious guidance, such as coaching, additional training or clear feedback.
In short: even if targets are not met, the employer must demonstrate that you received sufficient support. Only if none of this leads to improvement can dismissal on the grounds of dysfunction be possible.
Sales positions?
By the way, this obligation of the employer does not only apply to sales positions. In any position where there is criticism of performance, the employee must be given a real opportunity to improve. Is there dysfunction? Then it is wise to properly document all agreements and communication about it for both employer and employee.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – with his practical and personal approach, he helps employers and employees move forward. Want to know more?Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have any questions about XXX. Please feel free to contact us .
April 2025
