Many small business employers complain that they are too busy, too small, or to congenial a working environment to formally document poor performance. The truth is if its 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 in writing. Documentation does not take a lot of time. It’s as simple as sending an email to the problem employee or writing a simple memo that has 1 or 2 sentences about the incident, time, place, and date it occurred and corrective action.
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
Thus, the email puts a date/time stamp on a document that identifies the problem and sets forth the expectation of the employee’s solution to implement. It has the added benefit of demonstrating the sender’s willingness to work with the employee to achieve improvement.
It take less than 5 minutes to draft the follow-up correspondence which is a lot less time then spending hours, days, and weeks dealing with pending litigation and producing volumes of reports and documents to prove you did not do anything wrong.
To learn if you are currently vulnerable to costly lawsuits, and whether you have the appropriate policies and procedures in place, contact Connect to HR today and schedule a Consultation. Send us an email to connecttohr@yahoo.com or call 408-768-1075.
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.