Maine, and stress claims, 59
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,
misconduct, 248–250
at company holiday party, summary
discharge for, 371
moodiness, 189–191
moonlighting, 135–137
music files, inappropriate downloading,
narrative, 33–34
negative consequences in write-up,
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),
employee assistance programs (EAPs),
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,
failure to meet deadlines, 145–147
history of disciplinary measures,
interpersonal work relationships,
performance transgressions, 29
personal commitment agreement,
personal hygiene, substandard, 125–127
personal relationship, failure to disclose,
PIP, see Performance Improvement Plan
policies, employer right to change, 9
policy violations, 29
confidential information disclosure,
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,
smoking on company grounds,
software piracy, 104–106
unauthorized use of company equip-
ment, time, materials, or facilities,
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,
productivity, need to increase, 206–208
profane language, 235–238
progressive discipline, 1, 7
employment-at-will doctrine and,
golden rule, 17
traditional paradigm, 10
property appraiser, misuse of “comps,”
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
need to focus on, 7
in progressive disciplinary system, 18
responsibility, personal assumption of,
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),
scheduled review dates, 50–51
scheduled work hours
failure to observe, 209–211
leaving work site during, 116–118
scheduling appointments, errors in,
scrap rate, high, 218–220
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,
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,

Get 101 Sample Write-Ups for Documenting Employee Performance Problems: A Guide to Progressive Discipline and Termination now with O’Reilly online learning.

O’Reilly members experience live online training, plus books, videos, and digital content from 200+ publishers.