101 Sample Write-Ups For Documenting Employee Performance Problems

Introduction 1

Part I: Mastering the Write-Up Tool 5

CHAPTER 1 Progressive Discipline and Its Legal Considerations 7

CHAPTER 2 Disciplinary Levels, Subjects, and Prior Notifications 17

CHAPTER 3 Incident Descriptions and Performance Improvement Plans 33 CHAPTER 4 Consequences, Rebuttals, and Employee Acknowledgments 43

CHAPTER 5 Commonly Asked Questions and Practical Answers to Tricky Employee Relations Issues 57

CHAPTER 6 About the 101 Sample Write-Ups 79

Part II: Disciplining the Probationary Employee 83 #1--3 Disciplining the Probationary Employee 85 #4--6 Disciplining the Probationary Employee: Extending the Length of Probation 95 #7--9 Performance Problems That Arise Right After the New Hire's Probationary Period Ends 104

Part III: Policy and Procedure Violations 113 #10 Inappropriate Interviewing Questions 115 #11, 12 Failure to Follow Departmental Policies and Procedures 118 #13 Excessive Personal Telephone Calls 124 #14 Software Piracy (Unauthorized Installation) 127 #15 Unauthorized Use of Company Equipment, Time, Materials, or Facilities 130 Bonus Sample--Lost Equipment 133 #16 Unauthorized Removal of Company Files 136 Bonus Sample--Employee Time Card Falsification 139 #17 Leaving the Work Site During a Regularly Scheduled Shift 143 #18 Working Unauthorized Overtime 146 #19 Disclosure of Confidential Information About the Company or Its Customers 149 #20 Failure to Follow Company Dress Code 152 #21 Smoking on Company Grounds 155 #22 Unauthorized Release of References to Prospective Employers 158 #23 Email Misuse (Nonwork-Related Usage) 161 Bonus Sample--Email Misuse (Racially Influenced and Distasteful Messaging) 165 Bonus Sample--Personal Cell Phone Use 168 #24 Off-Duty Conduct and "Moonlighting" 171

Part IV: Performance Transgressions 175 #25--31 Substandard Work Performance 177 #32 Substandard Customer Service 201 #33, 34 Safety Infractions 204 #35 Lack of Sales Production 210 Bonus Sample--Substandard Sales Performance (Extension of Final Written Warning) 213 #36, 37 Unwillingness to Perform Properly Assigned Work 217 #38 Recurring Negligence and Thoughtlessness 223 Bonus Sample: Improper Cash Handling (Dual Custody Violation) 226 #39, 40 Acts Resulting in Loss to the Employer 230 #41, 42 Slow or Inefficient Production 237 #43, 44 Failure to Observe Working Schedule, Including Rest and Lunch Periods 243 #45 Sleeping on the Job (Written Warning) 249 Bonus Sample--Sleeping on the Job (Final Written Warning) 252 #46 Failure to Learn New Material During Training 255 Bonus Sample--Failure to Retain Information After Training 259 #47 High Error Factor and Scrap Rate 263 #48 Falsification of Employer Records 266 #49, 50 Lack of Communication with Supervisor 269 Bonus Sample--VP-Level Substandard Performance and Conduct 275 Bonus Sample--Unacceptable Skip-Level Findings (Director Level) 279 Bonus Sample--Substandard Project Management (Director Level) 283

Part V: Behavior and Conduct Infractions 287 #51 Profane Language in the Workplace and Insubordination 289 #52 Poor Attitude 293 #53 Insubordination 296 #54, 55 Insubordination and Substandard Work Performance 299 #56, 57 Misconduct, Fighting, and Horseplay 305 58--61 Sexual Harassment 311 #62 Creating an Intimidating Work Environment 323 Bonus Sample--Social Media Cyberbullying 326 #63 Veiled or Direct Threats of Violence 329 #64--66 Antagonistic Behavior Toward a Coworker 332 #67 Managerial Retaliation 341 #68--70 Intoxication During Work Hours 345 #71 Drug-Related Impairment During Work Hours 356 Bonus Sample--Failure to Disclose Coworker Inebriation 360 #72 Misuse of Power and Office 363 #73 Union Steward Abuse 366 #74 Character Assassination and Defamation 369 Bonus Sample--"Locker Room" Banter 372 Part VI: Absenteeism and Tardiness 375 Caution Regarding Restrictions Related to Disciplining or Terminating Employees for Attendance and Tardiness 377 #75 Excessive, Unscheduled Absence: "No Fault" System 379 #76, 77 Excessive, Unscheduled Absence 382 #78, 79 Pattern of Excessive, Unscheduled Absence 388 #80 Excessive, Unscheduled Absence: "Excuse-Based" System 397 #81--83 Excessive Tardiness 400 Bonus Sample--FMLA Abuse: Failure to Provide Appropriate Medical Documentation 409 Bonus Sample--FMLA Abuse: Failure to Follow the Terms of the Medical Certification 413 Bonus Sample--FMLA Abuse: Failure to Consult HR Regarding Leave Request 418 Bonus Sample--Failure to Engage in the ADA Interactive Process 422

Part VII: Termination Notices 427 #84, 85 Discharge for Cause: Substandard Performance 429 #86 Employee Fails to Report to Work on First Day; Company Rescinds Its Employment Offer 431 #87 Summary Discharge: Falsification of Company Records 432 #88 Summary Discharge: Employee Time Card Fraud 433 Bonus Sample--Supervisory Time Card Manipulation 434 #89 Summary Discharge: Loss of Current Weapons License 435 #90 Summary Discharge: Possession, Sale, or Being Under the Influence of Alcohol or Illegal Substances 436 Bonus Sample--Medical Marijuana Misuse 437 #91 Summary Discharge: Failure to Pass Certification Exam 438 #92 Summary Discharge: Terminating an Employee Without Corporate Approval 439 #93 Summary Discharge: Misconduct at Company Holiday Party 440 #94 Summary Discharge: Threatening a Coworker with Bodily Harm 441 #95 Summary Discharge: Terminating the Probationary Employee 442 #96 Letter Confirming Acceptance of an Employee's Verbal Resignation 443 #97 Summary Discharge: Acceptance of Gratuities 444 #98 Summary Discharge: Insubordination (Inappropriate and Undermining Behavior) 445 Bonus Sample--Insubordination (Violent Employee Reaction) 446 Bonus Sample--Social Media Misuse 447 #99 Secretarial Layoff: No Severance 448 #100 Director-Level Layoff, Including Severance Package, Outplacement, and Appropriate Legal Release 449 #101 Job Abandonment 454

Index 455 Selected Additional Titles from the Society for Human Resources Management (SHRM (R)) 461