HR Management & Compliance

“Satisfactory” really means “poor,” Your Honor

There’s nothing quite like an untrained manager’s documentation. Yesterday’s Daily presented Pacifica attorney Allison West’s first four principles of “bulletproof documentation.” Today, we’ll see steps 5 through 7 of the bulletproofing process, and take a look at the California Employment Law Update.

West shared her seven principles for bulletproof documentation during a recent BLR® audio conference. West is a principal with Employment Practices Specialists in Pacifica, California.

(Go here for Bulletproofing Steps 1 through 4.)

Bulletproofing Step #5—Describe the Consequences if the Unacceptable Behavior or Poor Performance Continues

In describing consequences, be clear and direct. Here, says West, are examples of what not to say:

“You know what will happen if you don’t turn things around.”
“Remember what happened to Bob?”
“The end may not be that far for you if we don’t see an improvement.”
“Think about updating your résumé.”
“Your days are numbered.”

Putting these things in your documentation is inappropriate, West says. It panics employees without clarifying the rules.

Use the phrase “up to and including termination” deliberately and sparingly, West says. Say an employee is having a performance issue. Don’t suggest termination (that just makes the employee paranoid) unless you think it’s the right message for the employee, West says.


CA employment law—the ever-changing target. Get up to speed. Join us for the 2010 California Employment Law Update conference. For experienced professionals. Early-bird discount expires by the end of today! Click for more details.


Bulletproofing Step #6—Set Forth Time Expectations for Correcting Behavior or Performance

Again, be specific, says West. Don’t use these:

“We expect you to turn things around immediately.” Immediately might mean something different to different people.
“As soon as possible.” That means today to you, but another person could think it means in a few days.
“I’ll be watching you and will let you know if things improve to my satisfaction.” What a way to torture an employee, West says.

Establish realistic time expectations and lay them out specifically for the employee. Be aware that if you create an exact timetable, you will need to act on it. If you say you will follow up in 30 days and then you don’t, the employee will assume “I am perfect unless told otherwise.”

Bulletproofing Step #7—Describe the Nature and Extent of the Follow-Up

Be specific, says West. Tell the employee what part of the performance you will be reviewing, and note the specific improvements that are expected. Mention any additional training that the employee will receive. Lay it all out so that there will be no surprises, West says.

Of course, dealing with documentation and discipline is only one of what, a dozen challenges that will hit your desk today? Planning for health care changes, handling harassment, intermittent leave, military reemployment, accommodation requests? And as if all that weren’t enough, the laws—especially in California—keep changing!

You need an update—what’s new, what’s changed, with practical, field-tested solutions on how to deal with it—and we’ve got the answers at this year’s 2010 California Employment Law Update conference.

For the first time, we’re offering two learning tracks—legal compliance and strategic HR—so you can customize your experience with what you most want to learn about.

You’ll also have the chance to network with both the expert speakers and your peers from around the state—and get answers to the specific questions that have been keeping you up at night.


Give us three days—we’ll give you CA employment law—the advanced course. Practical solutions for your HR challenges. (Maybe a few new ones you didn’t know you had!) Join us for the 2010 California Employment Law Update conference. Early-bird discount will expire by the end today. Click for more details.


All sessions assume a high level of pre-existing knowledge and are designed for the experienced HR professional who wants to stay on the cutting edge of the profession. We won’t waste your time on basic review or stale news.

Plus, unlike many other conferences, we tailor our content specifically for HR professionals in California. So you’ll never need to worry if what you’re hearing really applies to you.

Don’t miss your chance…register today.   

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You may be wondering if your organization can afford to send you to San Francisco this fall. The truth is, it can’t afford not to.


Need help justifying your conference attendance?  Click here.


Give us just a few days of your time, and the 2010 California Employment Law Update Conference will get you up to speed on a full year’s worth of practical information that will save you and your organization countless hours, headaches, and hassles. You can’t put a price on that kind of peace of mind.
Don’t miss your chance…register today.   

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