The number one HR-related question I am asked has to do with giving feedback to employees. Many clients ask me if they have to put feedback in writing. The truth is if it’s not in writing, it did not happen. You, as the employer, must prove you did not violate the law. Simply talking about bad behavior is not enough. Writing down employment issues serves two purposes. First, it provides the paper trail necessary to prove you have a legitimate reason for corrective action or termination. Secondly, it holds the employee accountable for their actions.
If you want to keep the conversation with one of your poor performers low-key that’s ok but make sure you follow-up after the conversation with written documentation. Documentation doesn’t have to take up a lot of time. It can be as simple as sending an email to the problem employee or writing a short memo that includes one or two sentences about the incident, time, place, date it occurred and corrective action.
Here’s a sample email:
From: Supervisor
Date: July 30, 2010
To: Problem Employee
Subject: Following up on our conversation
Hello John Doe,
It was good talking with you today about [x problem], and I’m glad that we were able to identify the best solution moving forward. I expect [insert expectation of conduct or performance here]. Let me know if I can be of further assistance to you or if you have any further questions.
Sincerely,
Supervisor
Sending an email has many benefits. First, it puts a date/time stamp on a document that identifies the problem. Secondly, it sets forth the expectation for the employee. Finally, the email has the added benefit of demonstrating the sender’s willingness to work with the employee to achieve improvement.
It takes less than 5 minutes to draft the follow-up correspondence which is a lot less time than spending hours, days, and weeks dealing with a pending lawsuit, producing volumes of reports and documents to prove you did not do anything wrong. So, take the time to document!
THIS BLOG POST IS OF A GENERAL NATURE AND IS NOT INTENDED TO ADDRESS ALL ISSUES OR PROBLEMS THAT MIGHT ARISE IN ANY EMPLOYMENT RELATED MATTER. NOR IS IT INTENDED TO BE LEGAL ADVICE, WHICH CAN ONLY BE RENDERED BY A DULY LICENSED ATTORNEY-AT-LAW. READERS SHOULD CONSULT WITH A LAWYER IF THEY HAVE SPECIFIC CONCERNS THAT THEY FEEL ARE LEGAL IN NATURE. NEITHER CONNECT TO HR OR MICHELLE MENDOZA HAVE ANY LIABILITY FOR HOW THIS INFORMATION IS APPLIED IN PRACTICE OR FOR THE ACCURACY OF THIS INFORMATION. THIS BLOG POST IS PROVIDED AS AN EDUCATIONAL RESOURCE ONLY, AND CONNECT TO HR OR MICHELLE MENDOZA SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS THAT MAY RESULT FROM THE USE OF THIS INFORMATION.
Michelle,
Thanks for the great article! Documenting communications is very important in all situations. This is a great way to make sure each party understands the situation and the expected outcome without any misunderstandings. Your example email really highlights how easy it is to create documentation and I will be using it as a template. Thanks for the great advice and I look forward to more articles!
Michelle:
This is such a good post! Everything you outline is especially true for those of us who work virtually. I’ve always preferred email to a phone conversation, because as you mentioned “If it’s not in writing, it didn’t happen!” 🙂 Keep up the great work!
Mrs. Shilonda Downing
http://www.virtualworkteam.com
http://virtualassistantblogs.org/
Shilonda,
Thank you for encouraging me to write articles for my blog. It has been so much fun. I really want to share information that will help others avoid costly mistakes.
All the best,
Michelle
Good advice. I always tell clients to put any feedback in writing as well. That goes for any type of correspondence that issue to their employees or contracted employees. It provides protection for both the employer and the employee.
I totally agree that you have to get things in writing!! And email is the best. I am glad you blogged about this because I think more people should know how time saving it is in the long run.
I agree with the “if it is not in writing, it did not happen”. Great information and tips!