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Writing up an employee is a form of discipline that conveys that an employee's behavior or conduct is unacceptable.
Ideally, your staff is always professional and never acts in a way that requires they be reprimanded. However, that isn’t always the case for business owners.
Some forms of behavior require immediate termination, while other types of conduct require a less drastic measure. A formal yet less harsh response is needed in these situations. This is commonly called “writing up” an employee. As a business owner, knowing when to use this form of discipline and exactly how to do so is important.
An employee write-up is a type of discipline. It serves as a formal notice that an employee’s behavior is unacceptable and needs to improve or, additionally, more significant consequences may follow. A write-up is a formal letter that spells out what the infraction was, how the behavior must change and what you, the employer, will do if it doesn’t.
Ronna DeLoe, an attorney with LegalZoom, said a write-up documents employee conduct and establishes an improvement plan. An employee write-up can include detailed documentation, including written witness statements. If the disciplined employee files a lawsuit for wrongful termination, having documentation, such as the write-up, can be a key part of your defense.
However, if you feel that the behavior or issue isn’t a fireable offense, you can include in the write-up a plan for improvement by the employee, including what they need to do to keep their job. The write-up can also specify a deadline for the desired performance you want from the employee.
“Write-ups are often used as part of a progressive discipline approach, providing employees with opportunities to improve while ensuring employers maintain compliance with human resources (HR) policies and legal regulations,” Jake Canull, regional director of Top Employers Institute, told us.
There is not a standard form or template mandated by the federal government or state authorities. It is up to each business to create its own employee write-up form. However, it should contain the following elements:
While it isn’t as serious as a termination letter, an employee write-up form still has consequences for employees and employers if it is not filled out completely or the proper procedures aren’t followed.
Here are eight steps you should follow when writing up an employee.
Have a clear objective of what you hope to achieve by issuing a write-up. If it is to increase the productivity of the employee, focus on that in both the documentation and the improvement plan. If you include several issues with the write-up, it can overwhelm the employee and it could be interpreted as a form of harassment.
“Write-ups aren’t about ‘catching’ employees messing up, they’re about setting clear expectations and keeping things fair,” said Jason Ersoff, director of client success and HR at Stitch PEO. “Keep it factual, be consistent and don’t ever let emotions drive the process. Always remember, one of the main goals is to help the employee(s) succeed by creating a positive workplace.”
Briefly describe the conduct that triggered the write-up and why that behavior or action is detrimental to the business. Include the date and time of each violation. Specify the number, dates and times of any oral warnings given and the names of the manager who issued them.
Explain in detail how the employee’s conduct violated company policy as stated in the employee handbook. For example, if an employee is consistently 15 minutes late to work, you could refer to your attendance policy that states employee tardiness can’t exceed five minutes.
“It’s important to maintain fairness and consistency,” said Canull. “Policies, whether performance-related or otherwise, should be applied consistently across the organization and should not be open for exceptions.”
Include any written witness statements of any third parties involved. Witness statements aren’t always applicable but, if they are, you will want to include them in the write-up. Witness statements should focus on facts, not feelings. Have them describe factual observations as opposed to opinions or perceptions.
Establish a plan to improve performance. Include specific targets or metrics for improved behavior or conduct and indicate resources that will be made available to help them meet those objectives.
“The document should have clear next steps and set up expectations on how the employee can improve,” said Canull. “Usually, setting up a timeline and any necessary support/touchpoints will help keep the approach focused on growth and not punishment.”
Include a signature line for both you and the employee. There is, however, no law requiring the employee to sign the form. If the employee refuses to sign, note the refusal and have a witness sign as confirmation.
Provide the employee a copy of the write-up and retain a copy in their personnel file. There are federal and state laws that determine how (and for how long) you need to hang on to certain employee records. Familiarizing yourself with what an employee personnel file is and what it includes can help protect your business.
Although personnel information can be stored in physical filing cabinets, many businesses rely on top-rated HR software to digitize and secure their document storage.
Follow up with the employee to ensure compliance with the improvement plan.
“A write-up should never just sit in a file somewhere,” said Ersoff. “It needs to be part of an ongoing dialogue. Check in with the employee, offer help if they need it (like extra training or clearer guidance) and recognize all improvements they make.”
If the employee isn’t abiding by the plan, you could issue another write-up or other options you might consider are suspension or termination. However, if the employee turns things around and is doing well, Ersoff recommends letting them know that you appreciate their efforts.
An employee write-up should be one of many tools in your HR toolbox. Typically, a write-up is issued for:
Certain behaviors fall outside the bounds of an employee write-up. For example, incompetence should not be addressed through a write-up. Instead, it is best handled in your annual or semiannual performance review of the employee.
In addition, the below actions represent conduct that would warrant immediate termination:
An employee write-up should be presented in person, followed by a private in-person conversation with the employee about your concerns. Because of the legalities involved, another person should be present, as a witness. Ensure that the tone of the meeting communicates the objective is to help the employee.
“The key is to remain professional and be human. Show empathy,” said Ersoff. “Have the conversation in private, be direct but respectful and explain the issue clearly. It’s not about scolding — it’s about setting expectations and offering a path forward.”
After the conversation, give the write-up to the employee so they can review it. Ask whether they have any questions. If they do, provide clear answers. Before ending the meeting, ask the employee to sign the form.
The best way to handle employee write-ups is to prevent them from happening in the first place. This can be done through strategic workforce management. Here are a few tips to reduce the need for employee write-ups:
“Also, don’t ever underestimate the power of recognizing good work,” said Ersoff. “Employees who feel appreciated are more likely to stay engaged and on track. It’s a win-win.”
Jane Genova contributed to this article. Some source interviews were conducted for a previous version of this article.