CONTENTS

Acknowledgments viii

Introduction 1

Part I: Mastering the Write-Up Tool 5

1. Progressive Discipline and Its Legal Considerations 7

2. Disciplinary Levels, Subjects, and Prior Notifications 17

3. Incident Descriptions and Performance Improvement Plans 33

4. Consequences, Rebuttals, and Employee Acknowledgments 43

5. Commonly Asked Questions and Practical Answers to Tricky Employee Relations Issues 55

6. About the Sample Write-Ups 75

101 Sample Write-Ups

Part II: Disciplining the Probationary Employee 79

#1, 2 Disciplining the Probationary Employee 81

#3 Disciplining the Probationary Employee: Extending the Length of Probation 87

#4 Performance Problems That Arise Right After the New Hire's Probationary Period Ends 90

Part III: Policy and Procedure Violations 93

#5, 6 Failure to Follow Departmental Policies and Procedures 95

#7 Excessive Personal Telephone Calls 101

#8 Software Piracy (Unauthorized Installation) 104

#9 Unauthorized Use of Company Equipment, Time, Materials, or Facilities 107

#10 Unauthorized Removal of Company Files 110

#11 Inappropriate Downloading/Violation of Intellectual Property Rights 113

#12 Leaving the Work Site During a Regularly Scheduled Shift 116

#13 Disclosure of Confidential Information About the Company or Its Customers 119

#14 Failure to Follow Company Dress Code 122

#15 Lack of Cleanliness and Substandard Personal Hygiene 125

#16 Smoking on Company Grounds 128

#17 E-Mail Misuse 131

#18 Off-Duty Conduct and Moonlighting 135

#19 Failure to Disclose a Conflict of Interest/Personal Relationship (Code of Conduct Violation) 138

Part IV: Performance Transgressions 143

#20-26 Substandard Work Performance 145

#27 Substandard Customer Service 169

#28, 29 Safety Infractions 172

#30 Lack of Sales Production 179

#31 Unwillingness to Perform Properly Assigned Work 182

#32 Recurring Negligence and Thoughtlessness 185

#33 Lack of Teamwork 188

#34 Lack of Managerial Leadership and Lack of Trust 192

#35 Failure to Follow Through/Dropping the Ball 196

#36 Improper Cash Handling 200

#37 Acts Resulting in Loss to the Employer 203

#38 Slow or Inefficient Production 206

#39 Failure to Observe Working Schedule, Including Rest and Lunch Periods 209

#40 Sleeping on the Job 212

#41 Failure to Learn New Material in Training 215

#42 High Error Factor and Scrap Rate 218

#43 Falsification of Employer Records 221

#44, 45 Lack of Communication with Supervisor 224

#46 Failure to Communicate Upward 230

Part V: Behavior and Conduct Infractions 233

#47 Profane Language in the Workplace and Insubordination 235

#48 Poor Attitude 239

#49, 50 Insubordination and Substandard Work Performance 242

#51 Misconduct, Fighting, and Horseplay 248

#52-55 Sexual Harassment 251

#56 Finding Pornography on an Employee's Computer Hard Drive 263

#57 Politically Incorrect Behavior in the Workplace 266

#58 Creating an Intimidating Work Environment 270

#59 Managerial Misconduct 273

#60 Veiled or Direct Threats of Violence 276

#61 -63 Antagonistic Behavior Toward a Coworker 279

#64 Managerial Retaliation/Group Complaint About a Supervisor 288

#65 Managerial Retaliation 292

#66-68 Intoxication During Work Hours 296

#69 Drug-Related Impairment During Work Hours 308

#70 Character Assassination, Defamation 312

#71 Gossip- and Rumormongering 315

#72 Blamers and Excuse-Makers 318

Part VI: Absenteeism and Tardiness 321

#73 Excessive, Unscheduled Absence: No Fault System 323

#74, 75 Excessive, Unscheduled Absence 326

#76, 77 Pattern of Excessive, Unscheduled Absence 332

#78 Excessive, Unscheduled Absence: Excuse-Based System 340

#79-81 Excessive Tardiness 343

#82 FMLA Abuse: Failure to Provide Appropriate Medical Documentation 352

#83 FMLA Abuse: Failure to Follow the Terms of the Medical Certification 356

Part VII: Termination Notices 361

#84 Terminating the Probationary Employee 363

#85, 86 Discharge for Cause: Substandard Performance 364

#87 Employee Fails to Report to Work on Her First Day; The Company Rescinds Its Employment Offer 366

#88 Summary Discharge: Falsification of Company Records 367

#89 Summary Discharge: Time Card Fraud 368

#90 Summary Discharge: Possession, Sale, or Being Under the Influence of Alcohol or Illegal Substances 369

#91 Summary Discharge: Failure to Pass Certification Exam 370

#92 Summary Discharge: Misconduct at Company Holiday Party 371

#93 Summary Discharge: Threatening a Coworker with Bodily Harm 372

#94 Letter Confirming Acceptance of an Employee's Verbal Resignation 373

#95 Summary Discharge: Acceptance of Gratuities 374

#96 Summary Discharge: Insubordination 375

#97 Secretarial Layoff: No Severance 376

#98 Director-Level Layoff Including Severance Package, Outplacement, and Appropriate Legal Release 377

#99, 100 Job Abandonment 380

#101 Summary Discharge: Credit Card Fraud 382

Appendix: The Sarbanes-Oxley Act of 2002, or SOX 383

Index 387