101 Sample Write-Ups for Documenting Employee Performance Problems: A Guide to Progressive Discipline and Termination

Maine, and stress claims, 59

managers

misconduct, 273–275

retaliation, 288–295

see also supervisor

may, vs. will, 21n

measurable/tangible improvement goals,

in PIP, 37

medical certification, FMLA abuse by

failure to follow, 356–360

medical documentation, FMLA abuse by

failure to provide appropriate,

352–355

misconduct, 248–250

at company holiday party, summary

discharge for, 371

moodiness, 189–191

moonlighting, 135–137

music files, inappropriate downloading,

113–115

narrative, 33–34

negative consequences in write-up,

45–50

active windows to describe, 46–48

poor examples, 45

properly written, 45–46

without time limits, 48–49

negative organizational impact, from

employee actions, 35

negligence, recurring, 185–188

negotiated termination, 72

new hires, extending probation period

length, 49–50

NLRB v. Weingarten, Inc., 63n

“no fault” attendance control system, 51

notifications, summarizing prior for

write-up, 30–31

off-duty conduct, 135–137

offense, matching discipline to, 19

offer letter, at-will language in, 12

Older Workers Benefit Protection Act, 72n

orientation period, 15

out-of-cycle review, 39

paper trail, 3

performance evaluation

interim, 39

scheduled review dates, 50–51

see also annual performance evaluation

Performance Improvement Plan (PIP),

36–42

employee assistance programs (EAPs),

40–42

employee input and suggestions, 42

interim performance evaluation, 39

measurable/tangible improvement

goals, 37

training or special direction to be

provided, 37–39

performance issues

categories for, 28–29

errors in scheduling appointments,

151–153

failure to meet deadlines, 145–147

history of disciplinary measures,

154–158

interpersonal work relationships,

159–162

performance transgressions, 29

personal commitment agreement,

52–53

personal hygiene, substandard, 125–127

personal relationship, failure to disclose,

138–141

PIP, see Performance Improvement Plan

policies, employer right to change, 9

policy violations, 29

confidential information disclosure,

119–121

dress code violation, 122–124

e-mail misuse, 131–134

excessive personal phone calls, 101–103

failure to disclose conflict of interest

or personal relationship, 138–141

lack of cleanliness and substandard

personal hygiene, 125–127

leaving work site during scheduled

shift, 116–118

notice for downloading unauthorized

files, 113–115

notice of failure to deposit incoming

checks timely, 98–100

notice of failure to follow departmen-

tal, 95–97

notice of unauthorized removal of

company files, 110–112

off-duty conduct and moonlighting,

135–137

smoking on company grounds,

128–130

software piracy, 104–106

unauthorized use of company equip-

ment, time, materials, or facilities,

107–109

politically incorrect behavior, 266–269

poor “attitude,” 239–241

poor performance, documenting, 7

pornography on employee’s computer

hard drive, 263–265

positive consequences, in write-up, 44

possession, sale, or being under the influ-

ence of alcohol or illegal substances,

summary discharge for, 369

predictability, in discipline, 43

prior notifications, summarizing for

write-up, 30–31

probationary employee

extending probation period length,

49–50, 87–89

performance correction notice for

branch administrator, 84–86

performance correction notice for

secretary, 81–83

performance issues appearing just after

end of probationary period, 90–92

termination notice for, 363

probationary period

as last-step option, 23

legal implications, 14–16

time frame, 16

production numbers, failure to meet,

179–181

productivity, need to increase, 206–208

profane language, 235–238

progressive discipline, 1, 7

employment-at-will doctrine and,

70–71

golden rule, 17

traditional paradigm, 10

property appraiser, misuse of “comps,”

166–168

public policy, and employment at will, 12

punishment, vs. training, 37

radio talk show, e-mail of personal opin-

ion from office, 107–109

records, failure to update, 148–150

referrals to EAPs, 40–41

formal vs. voluntary, 41n

rehabilitation

need to focus on, 7

in progressive disciplinary system, 18

responsibility, personal assumption of,

53

rest periods, failure to observe, 209–211

rolling calendar year, 323n

and excessive unscheduled

absenteeism, 332–339

rumormongering, 315–317

safety infractions

DUI conviction, 172–175

extending emergency work beyond

shift end, 176–178

sales production, lack of, 179–181

Sarbanes-Oxley Act of 2002 (SOX),

383–386

scheduled review dates, 50–51

scheduled work hours

failure to observe, 209–211

leaving work site during, 116–118

scheduling appointments, errors in,

151–153

scrap rate, high, 218–220

secretary

layoff without severance, 376

performance correction notice during

probationary period, 81–83

“separation by mutual consent,” 72

separation payments, 72n, 74

sexual harassment claims, 22n, 69,

251–262

claim of creating sexually charged en-

vironment, 260–262

and documentation retention, 61

employee efforts to restart romance

with former girlfriend, 254–256

failure to follow through, 196–199

female efforts to date male subordi-

nate, 251–253

offensive speech, 257–259

signature requirements for write-up,

53–54

Index

389