Whether you’re addressing an initial infraction or handling termination-worthy transgressions, you need to be 100 percent confident that every employee encounter is clear, fair, and most importantly, legal. Thankfully, HR expert Paul Falcone has provided this wide-ranging resource that explains in detail the disciplinary process and provides ready-to-use documents that eliminate stress and second-guessing about what to do and say. In 101 Sample Write-Ups for Documenting Employee Performance Problems, Falcone includes expertly crafted, easily customizable write-ups that address: sexual harassment, absenteeism, insubordination, drug or alcohol abuse, substandard work, email and phone misuse, teamwork issues, managerial misconduct, confidentiality breaches, social media abuse, and more! With each sample document also including a performance improvement plan, outcomes and consequences, and a section of employee rebuttal, it’s easy to see why this guide makes life for managers and HR personnel significantly easier when it comes to addressing employee performance issues.

Table of Contents:
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®) 461