How do I properly document an employee's performance issues in California before taking disciplinary action?

To properly document an employee's performance issues, you must create a clear, factual, and consistent written record that establishes the problem, communicates expectations, and provides the employee a chance to improve. This process helps ensure fairness and protects your business from potential legal claims. Here are the steps to properly document performance issues: Step 1: Document Specific, Factual Incidents Immediately record any performance issue as it occurs. Your notes should be objective and factual. Include the date, time, what happened, the business impact, and any witnesses. Avoid subjective opinions or emotional language. For example, instead of "had a bad attitude," write "On October 26, the employee refused a direct request to complete the assigned client report, stating it was not their job." Step 2: Conduct and Document a Verbal Warning For an initial problem, hold a private meeting. Clearly state the performance issue, refer to your specific notes, and explain the standard that was not met. Listen to the employee's perspective and include their explanation in your summary of the meeting. Inform them that you will be documenting the conversation for their file. Step 3: Issue a Written Warning If the issue continues, draft a formal written warning. The document should detail the recurring problem, reference the prior verbal discussion, and explicitly state the required improvements. Have the employee sign the warning to acknowledge receipt. If they refuse, make a note of the refusal on the document. Step 4: Implement a Performance Improvement Plan (PIP) For serious or persistent issues, create a PIP. This plan must outline specific, measurable goals, a clear timeline for improvement (typically 30-90 days), the resources you will provide, and the consequences of failing to improve, which may include further disciplinary action up to and including termination. Step 5: Follow Up and Finalize Documentation Conduct regular check-ins during the PIP period and document the employee's progress or lack thereof. If performance does not meet the standards outlined in the PIP by the deadline, your final documentation should summarize the entire history before you proceed with disciplinary action. Important considerations: Be consistent. Apply your company's performance management and disciplinary policies uniformly to all employees to avoid claims of discrimination under California's Fair Employment and Housing Act. Remember that under California Labor Code Section 1198.5, employees have the right to request and inspect their personnel files, so all documentation should be professional. Note: While California is an at-will employment state (Labor Code § 2922), this does not provide a shield against lawsuits for wrongful termination, discrimination, or retaliation. Strong, consistent documentation is your primary defense against such claims. This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.