By Andrew Coutermarsh
Reprinted with permission from the July issue of Identity Marketing magazine
In a couple of his more recent columns, Neal Farr has discussed the necessity of
proper documentation as it relates to personnel actions, i.e., discipline, terminations,
etc. Neal is absolutely correct. Documentation is extremely necessary as a defense
of the action taken. Proper documentation records the events leading up to the specific
action and lays the groundwork for potential future action.
For any manager, documentation should become a way of life. Document everything
– good and bad. Whenever you provide feedback to an employee, document it.
At the very least, a notation in a daily calendar/journal goes a long way in helping
to prove that something happened. Although a good friend of mine who happens to
be an attorney says “Just because it isn’t documented, doesn’t
mean that it didn’t happen,” I would err on the side of documenting.
Better too much than too little.
But let’s take a look at the reasons behind the documentation. I have known
managers who would only begin the documentation process once they decided that they
had a problem on their hands. The goal was to lay the proverbial “paper trail”
so that they could eventually terminate the problem employee.
If this is the main reason for documentation, a review of the personnel files will
have the individual case sticking out like a sore thumb, making it appear that the
employee was singled out, unless the process of documentation is applied to all
employees for a variety of reasons. If this person also happens to be in a protected
class, it could set the employer up for a bias charge.
This kind of reasoning also puts the manager in the position of looking for the
bad and ignoring the good. I have suggested before that our actions support our
beliefs. If the belief is that the employee is a problem, then our actions will
make sure that he/she remains so.
Many employers, as well as the judicial system, support and encourage progressive
discipline. Progressive discipline increases the level of the consequence for repeated
offenses of the same nature – verbal warning, written warning, suspension,
and finally termination. Documentation of the initial and subsequent steps of progressive
discipline, done properly, creates fairness in the eyes of the courts because the
employee is warned of the next level of consequence in each step of the process.
This allows for the employee to choose between the acceptable behavior and its resultant
lack of any consequence and the unacceptable behavior with its corresponding disciplinary
measure.
But what of the thought process and focus behind the progressive discipline approach?
To me, it smacks of the parent-child relationship. When we discipline children we
are teaching them that the choices we make in life each have consequences. Hopefully,
by the time that someone is old enough to enter the workforce, he/she has learned
this particular lesson.
Progressive discipline, I believe, treats the employee more as a child and less
as an adult. The focus is negative, and when someone is treated as a child, the
frequent response is to act as a child. How then, do we shift the focus into something
more positive, that treats the employee as the adult that he/she is? What do we
use instead of the traditional progressive discipline approach?
First of all, let’s assume that we, as managers, have adopted the “habit”
of documentation. Let’s also assume that we are providing a continual stream
of feedback to each of our employees. We will be praising them for their accomplishments
and letting them know when improvement is necessary. Additionally, we will assume
that this feedback is “in the moment” and fairly informal. This does
not mean that it isn’t documented.
These are just the kind of interactions that should be noted in the manager’s
daily journal. This “habit” is just good management practice. It shows
that the documentation is a matter of course and not done just to create a defense.
The feedback provided also prevents the employee from being surprised when more
formal action is taken.
When more formal action does become warranted, I would suggest an approach that
has a supportive thrust rather than a punitive one. I would suggest something in
the nature of a “Performance Improvement Plan.”
Just shifting away from the traditional “warning” creates an atmosphere
that is focused on developing the employee and not on the “don’t do
that again” approach. The Performance Improvement Plan attempts to create
a more collegial relationship instead of reinforcing the traditional supervisor/
subordinate roles by requiring collaboration in the development of the plan.
The basic plan is in two parts. Part I is for the supervisor’s statement and
is broken down into four basic steps. The first step requires the supervisor to
provide an evaluation of the unsatisfactory performance or unacceptable behavior.
This evaluation should be based on specific observations and/or measured results.
The next step asks the supervisor to describe the expectation for improved performance
or changed behavior and should provide the employee with measurable objectives in
terms of performance standards, or a description of the appropriate behavior expected.
It should also include the time frame within which the employee is expected to accomplish
the improvement.
Step three provides the supervisor with the opportunity to describe the support
measures that will be provided to the employee. Support can be specific coaching,
feedback, additional training, etc. The final step for the supervisor is to describe
the nature of the monitoring that will be done, and the frequency with which the
monitoring results will be reviewed with the employee.
Part II of the Performance Improvement Plan requires the employee to describe the
steps that he/she will take to meet the expectation outlined in Part I. It also
asks the employee to describe any additional support that may be required to assist
the employee in the successful completion of the plan. This may require some negotiation
with the supervisor to ensure that the steps the employee is planning on taking
are appropriate and doable within the context of the particular work environment.
The emphasis should be on having the employee take responsibility for the improvement
process and be as detailed as possible. “I will try harder” is not an
acceptable plan of action. Likewise, this is not an opportunity for the employee
to rebut the supervisor’s report.
The final section is the area for signatures. This does include a statement that
says the employee acknowledges understanding that if he/she fails to complete the
Performance Improve-ment Plan satisfactorily, then disciplinary action will be forthcoming.
While this is similar to a warning, the emphasis in the plan is not on the punishment,
but rather on the individual’s development.
If we view the process as developmental and see our managerial role as one of support
and guidance, our actions will shift accordingly. Imagine the difference in a work
group when an employee emerges from a meeting with the manager and tells co-workers
that, “He/she wants to help me improve my performance” instead of “I
just got a warning.”
Will this work in every situation? Probably not. However, the majority of adults
will react as adults when confronted in an adult manner. There is less stress in
a workplace where the supervisor and the employee share in the responsibility for
development than there is in a workplace that relies on punishment as the motivation
for change.
Whichever route you take, documenting the actions taken is an essential function
of the manager’s job. Personally, I would prefer to show documentation that
demonstrates that, as a manager, I have taken every step possible to assist the
employee in improvement prior to taking any adverse employment action.
Andrew Coutermarsh has an MS in management from Antioch New England Graduate
School where he is an adjunct professor teaching human resources development. He
holds SPHR (Senior Professional Human Resources) designation from the Society of
Human Resource Management, and is director of human resources for Prime Resources
Corp. He can be reached at acoutermarsh@primeworld.com.