Performance Documentation Skills Presented by Cheri Vandergrift Staff Attorney Mountain States Employers Council, Inc.

Role of Documentation Defend employer in legal challenge Aid supervisor’s memory at performance appraisal time Identify patterns of unsatisfactory performance or behavior Reinforce satisfactory performance or behavior

Progressive Discipline Termination Demotion, PIP, Suspension Final Written Warning Written Warning Oral Warning/Verbal Counseling

Role of Progressive Discipline Demonstrates you did not act suddenly or arbitrarily Demonstrates you made a constructive effort Rebuts any claims by employee of never being told of the requirement Offsets history of ignoring other violations or succession of good evaluations

Remember, the best outcome in every case… is when… The Employee turns around

Documenting Discipline Facts Action Objectives Suggestions F O S A

Sources of Facts F O S A Suggestions Action Objectives Facts Observed Employee Behavior Effects of Behavior on Employer’s Operation Employee Response Third Party Observations Prior Supervisory Action

Inference Test F O S A Suggestions Action Objectives Facts Who, what, when, where and how? Pg. 5 Just the Facts Ma’am Pg. 12

Objectives F O S A Suggestions Action Objectives Facts Critical to communicate objectives. What the employee must do to continue working for you.

Suggestions F O S A Suggestions Action Objectives Facts Training Ideas of how to meet the performance expectations Training Assistance of other employees or the supervisor Resource materials (books, instruction manuals) Regular meeting with supervisors Ideas from the employee

Action F O S A Suggestions Action Objectives Facts Consequence if not improved Ensure discipline is consistent with other actions taken and not disproportionate to the offense.

Disciplinary Memo Use Letterhead Date is essential Recite dates of past conferences FOSA Invitation to respond Dated signature of employee, not agreeing to comply, but acknowledging receipt Disciplinary Memo