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

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

**Brand:** amacom
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- **What is this?** 101 Sample Write-Ups for Documenting Employee Performance Problems: A Guide to Progressive Discipline & Termination by amacom
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## Description

Book Description
        	  
        	  
        		  
        		  
	        		
						
			        		     There&#x2019;s no escaping problem employees. But with 101 prewritten disciplinary write-ups at a manager&#x2019;s fingertips, there is a way to escape the headaches, anxiety, and potential legal trouble of performance review or counseling sessions.   Completely updated and covering the latest developments in employment law, the second edition of 101 Sample Write-Ups for Documenting Employee Performance Problems explains the disciplinary process from beginning to end and provides ready-to-use model documents&#x2014;in print and on disk&#x2014;that eliminate the stress and second-guessing about what to do and say. Expertly written, the write-ups cover every kind of problem&#x2014;substandard work quality, absenteeism, insubordination, e-mail misuse, sexual harassment,drug or alcohol abuse, and more. Readers will also find new information on laying the ground work for a tidy dismissal; tying progressive discipline to annual performance reviews; formally addressing intermittent FMLA abuse; ways to avoid drafting documentation that could later be used against their company; and much more.   There is perhaps no more dreaded managerial task than communicating with an employee about a disciplinary problem, but this one-of-a-kind guide helps managers handle any scenario fairly, constructively, and, most importantly&#x2014;legally.   
						    	
					    	
						
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        	  	  From the Back Cover
        	  
        	  
        		  
        		  
	        		
						
			        		     There is perhaps no more dreaded managerial task than &#xAD;communicating with an employee about a disciplinary problem. But when performance problems become apparent, you can&#x2019;t just ignore them. You need to deal with them head-on.     Not sure of the best way to handle a particular situation? Turn to 101 Sample Write-Ups for Documenting Employee Performance Problems: A Guide to Progressive Discipline & Termination. Now completely revised and updated, the book has been the trusted resource for managers for more than a decade.     Expertly written, the guidebook covers dozens of problems likely to occur in the workplace, from substandard work quality, absenteeism, and poor attitude to sexual harassment, insubordination, and more.     Among the new write-ups found in this edition of the highly popular reference guide are how to deal with such problems as:     &#x2022; Politically incorrect behavior   &#x2022; Lack of leadership or trust   &#x2022; Failure to communicate upward and/or follow through   &#x2022; Lack of teamwork   &#x2022; Use of Internet pornography   &#x2022; Managerial misconduct and retaliation   &#x2022; Failure to disclose a conflict of interest or personal relationship   &#x2022; Violation of intellectual property rights     This completely updated edition also includes an appendix on SOX requirements and samples of how to deal with intermittent FMLA abuse.     Because writing someone up doesn&#x2019;t always result in a correction of the problem at hand, readers will also find creative alternatives to formal disciplinary warnings that will help turn around those flying &#x201C;just below the radar.&#x201D; There are 18 sample termination letters included.     Also inside: advice for tying progressive discipline to annual performance reviews; ways to avoid drafting documentation that could later be used against your company; summary dismissals; and much more.     The book isn&#x2019;t merely a reference, but a resource that managers can turn to any time they need to generate a corrective action notice. All 101 samples in the book are easily accessible for viewing via the companion CD-ROM and can be downloaded and customized with minimal effort. Simply put, you&#x2019;ll no longer have to guess at what verbiage you should include in a write-up. This one-of-a-kind guide helps managers handle any scenario fairly, constructively, and&#x2014;most important&#x2014;legally.     Paul Falcone is Vice President of Employee Relations at Time Warner Cable in Los Angeles and was formerly Vice President of Human Resources at Nickelodeon. He is the author of 2600 Phrases for Effective Performance Reviews, 101 Tough Conversations to Have with Employees, 96 Great Interview Questions to Ask Before You Hire, The Hiring and Firing Question and Answer Book, and Productive Performance Appraisals. Falcone is also a longtime contributor to HR Magazine and a nationally recognized speaker on hiring and performance management.   
						    	
					    	
						
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        	  	  About the Author
        	  
        	  
        		  
        		  
	        		
						
			        		     Paul Falcone is a leadership & human resources consultant in Southern California and has held senior-level HR executive positions with Nickelodeon, Paramount Pictures, and Time Warner. He is the author of several best-selling books, including 2600 Phrases for Effective Performance Reviews , 2600 Phrases for Setting Effective Performance Goals, 101 Sample Write-Ups for Documenting Employee Performance Problems, 101 Tough Conversations to Have with Employees, and 96 Great Interview Questions to Ask Before You Hire, and. Paul&apos;s consulting practice focuses on effective hiring, performance management, leadership development, and strengthening the muscle of a company&#x2019;s frontline leadership team. He is a long-term contributor to HR Magazine.     Visit him at www.PaulFalconeHR.com.   
						    	
					    	
						
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        	  	  Excerpt. &#xA9; Reprinted by permission. All rights reserved.
        	  
        	  
        		  
        		  
	        		
						
			        		     Chapter 1   Progressive Discipline and Its Legal Considerations         &#xA0;           &#xA0;           Documenting poor performance and progressive discipline is as much an   art as it is a science. Unfortunately, most human resources   professionals and line managers don&#x2019;t have the time to study the nuances   of progressive discipline, workplace due process, summary dismissal,   discharge for cause, and the like. Even when that theory is mastered,   however, there remains the challenge of incorporating all those ideas   into a written memo that adequately documents subpar job performance or   workplace conduct.           So it&#x2019;s not surprising that many managers avoid writing up employees   like the plague. And without a template to follow and samples to   emulate, it&#x2019;s no wonder that many managers create memos that cannot   withstand legal scrutiny.           If the objective of any disciplinary system is to create and maintain a   productive and responsive workforce, then disciplinary actions, when   they occur, should focus on rehabilitating employees by deterring them   from repeating past problem behaviors. It is simply a fact of the modern   workplace that you as a manager are charged with this responsibility.           Terminated employees who are successful at winning wrongful discharge   claims, on the other hand, typically can prove that they were denied   &#x201C;due process&#x201D;&#x2014;what we call progressive    discipline. They successfully argue, with the help of   their attorneys, that your company breached its de facto obligation of   &#x201C;good faith and fair dealing&#x201D; in managing its employees and in following   its own policies. So if you&#x2019;ve ever scratched your head about losing a   case to an employee who flagrantly disregarded work responsibilities,   it&#x2019;s probably because an arbitrator concluded that due process was   denied.           In other words, if the &#x201C;step formula&#x201D; outlined in your company&#x2019;s   progressive discipline policy is violated, or if you fail to properly   notify an employee that her job is in jeopardy, you may end up on the   losing end of a wrongful termination suit. Ditto if you dole out   punishment (i.e., termination) that doesn&#x2019;t appear to fit the offense.   In such cases, arbitrators will conclude that the misuse of your   managerial discretion warrants the substitution of their judgment for   yours in the handling of a specific worker. Frequently, that results in   a lesser penalty (such as reinstatement plus a written warning instead   of termination).           But what about your rights? Shouldn&#x2019;t workers be held accountable for   their actions? Don&#x2019;t you retain any discretion in determining who should   play on your team? After all, whose company is it? Well, don&#x2019;t despair.   The program outlined in this book is aimed at giving those rights back   to you.           With the help of this system, here is how discharge hearings should play   out in the future: An arbitrator asks a former employee/plaintiff in a   wrongful discharge action, &#x201C;I see that your former company offered you   an opportunity to take part in an EAP program. Did you contact the EAP?&#x201D;   The former employee&#x2019;s flat response is, &#x201C;No.&#x201D; The arbitrator then asks,   &#x201C;I see that you were encouraged to fill out a section of this write-up   regarding your own performance improvement. It&#x2019;s blank, though. Why is   that?&#x201D; The apologetic response is, &#x201C;Well, I guess I didn&#x2019;t have time.&#x201D;           The arbitrator continues: &#x201C;I see. Hmmm. Your company paid to send you to   a one-day off-site training program on conflict resolution in the   workplace. Did you attend that workshop?&#x201D; The employee responds, &#x201C;Yes, I   did.&#x201D; Finally, the arbitrator closes: &#x201C;So you attended the workshop that   was paid for. Yet you did little else to invest in your own personal   improvement. And you signed a document showing that you agreed that if   you didn&#x2019;t meet the conditions of the agreement, you would resign or be   terminated regardless of the reasons for your failure. . . . I see no   merit in your argument that you were denied due process or that your   organization failed to make reasonable attempts to rehabilitate you.   This case is dismissed.&#x201D;           You&#x2019;ll immediately notice how the burden was shifted to the employee in   terms of proving that he made a good-faith effort to become a better   worker. To make this fundamental paradigm shift occur, however, you have   to provide the employee with resources he can use to improve himself:   coaching and commitment, training, and material resources. And that&#x2019;s a   win for both sides, since you, the employer, focus on helping your   workers and they, in turn, are charged with accepting your invitations   to improve.           It all begins with due process&#x2014;your efforts to ensure that the employee   understands what the problem is, what she needs to do correct the   problem, what will happen if she doesn&#x2019;t, and how much time she has to   demonstrate improvement.           The Elements of Due Process           A legal theory called the &#x201C;job as property doctrine&#x201D; states that   employment is a fundamental right of American workers and that the loss   of employment has such a serious impact on a person&#x2019;s life that   individuals should not lose their jobs without the protection of due   process, as afforded under the Fourteenth Amendment to the Constitution.1   Affording due process means recognizing the employee&#x2019;s right to be   informed of unsatisfactory performance and to have a chance to defend   himself and improve before an adverse employment action (such as   discharge) is taken.           This &#x201C;property right&#x201D; protection places on management an obligation to   deal in good faith with employees and to take corrective action measures   based on just cause (i.e., good reason). This just cause requirement, in   turn, mandates that businesses take corrective action measures only for   clear, compelling, and justifiable reasons.           But what exactly are the elements of due process?           First, the employee must understand your expectations and the   consequences of failing to meet your performance standards. If a   write-up merely documents a performance problem without pointing to the   consequences of failure to improve, the write-up will lack the &#x201C;teeth&#x201D;   necessary to meet due process guidelines.           Second, you must be consistent in your application of your own rules.   Workers have the right to consistent and predictable employer responses   when a rule is violated. In other words, problems cannot be corrected on   an ad hoc basis without the employer&#x2019;s being perceived as arbitrary,   unreasonable, or even discriminatory. Bear in mind as well that,   generally speaking, practice trumps policy. In other words, regardless   of what your handbook or policy and procedure manual says, your past   practices will be scrutinized for consistency.           In addition, failure to follow through on threatened consequences   damages the credibility of your disciplinary system and sets an   unintended precedent: If Employee A, for example, was forgiven for   making certain mistakes, Employees B through Z may arguably have to be   forgiven for making those same or similar errors.           Third, the discipline must be appropriate for the offense. Occasional   poor performance or a minor transgression (known as a de    minimis infraction) is certainly actionable but probably   not cause for termination. An employee&#x2019;s performance track record and   prior disciplinary history must certainly be taken into account.           Fourth, the employee should be given an opportunity to respond.   Administering discipline without allowing employees to give their side   of the story is begging for trouble. Unfortunately, of all the elements   of due process that should be incorporated into any write-up blueprint,   this self-defense principle is the one that is most often lacking.           Fifth, you need to allow the employee a reasonable period of time to   improve her performance. Otherwise, your disciplinary actions will   appear to be an artificial excuse to get the employee out of the   organization. We&#x2019;ll talk more about acceptable probationary time frames   in Chapter 4.         
						    	
					    	
						
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## Customer Reviews

### ⭐⭐⭐⭐⭐ 







  
  
    Incredibly Helpful, Robust Resource
  

*by K***0 on September 1, 2015*









  
  
    This book is amazing.  I'm a new manager with less experience than most supervisors in employee relations and corrective action.  This book has been an invaluable resource because it clearly explains the philosophy behind the progressive corrective action process, relevant examples of how to write the documentation, and walks you through the process from start to finish.  Almost every situation imaginable is included, including examples of how to proceed when the person who came before you did not do as neat of a job as you would have liked.  Most of all, the conversational tone makes the book easy and enjoyable to read and the write-ups fair but firm.
  


### ⭐⭐⭐⭐⭐ 







  
  
    THIS. IS. EVERY. MANAGER'S. BIBLE.
  

*by A***  on September 22, 2018*









  
  
    I am so impressed with both the content and the layout of this book. Informative, practical, and up-to-date information that guides anyone who is in a position of administering any kind of discipline in place of employment. I think this is an absolute must for every manager and every HR staff.
  


### ⭐⭐⭐ 







  
  
    Good Samples But Problem Accessing Online Templates
  

*by A***R on November 18, 2018*









  
  
    This is a book I had used previously.  It gives detail re handling employee issues and has great example within the book.  It used to come with a cd with document templates.  Now it gives you a website to access for templates, but the website does not exist so I was unable to get these.  I planned on writing the manufacturer to see what could be done.
  


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*Last updated: 2026-01-22*