By Paul Falcone
Rule 10: Follow a few narrative-writing tips that will help you consistently strengthen your overall message.
First, be sure to avoid writing anything that could be interpreted as discriminatory. You may not document or reference anything protected by privacy or employee protection laws. For example, writing ‘‘Michael, you are performing well since you began your new medication to combat depression, and I encourage you to continue’’ could very well violate the protections afforded by the Americans with Disabilities Act if the individual is later denied a promotion or terminated for cause.
Similarly, if you reference an individual’s age, ethnicity, sexual or gender orientation, religious beliefs, medical history, or any other categories protected under Title VII of the Civil Rights Act or other state worker protection laws, then your own documentation could be used against you in a court of law.
Similarly, if an employee was on a leave of absence for a significant part of the review period, simply document that ‘‘Michael was on an approved leave of absence from May 10 to August 8’’ and leave it at that. The reason for the leave (pregnancy, workers comp injury, stress leave) is superfluous and should not be included as part of the formal record established by the performance review. It follows that all performance appraisals should be reviewed in advance by your HR or Legal departments before they are shared with your employees to ensure, among other things, that no discriminatory language exists.
Second, avoid the term attitude in your formal business communication with your subordinates. ‘‘Attitude’’ is a very subjective judgment that courts will typically dismiss because it is often associated with a mere difference of opinion or a personality conflict. Instead, be sure to describe the objective behaviors that create a negative perception of the employee in others’ eyes. Only behaviors and actions that can be observed and documented belong in work place discussions and
may be presented as evidence in court.
For example, replace an admonition like this:
‘‘As we have discussed throughout the year, you have received many complaints regarding your attitude. You need to demonstrate immediate improvement in this area.’’
with something concrete like this:
‘‘Peggy received a written warning on January 14 for raising her voice in anger and for using profane language directed at a coworker. The disciplinary warning specifically stated that if she ever again lost control of her temper, used profane language in the workplace, or demonstrated behavior that could be perceived as hostile or threatening, further disciplinary action up to and including termination could result.’’
Third, use the phrase ‘‘For example’’ at least three times in an individual performance appraisal. Managers often make sweeping comments about perceptions without documenting the factual circumstances that justify their points of view. You could therefore easily turn a perception statement like ‘‘Your planning and organizational skills are satisfactory, but you sometimes require additional assistance in this area’’ into something more concrete and instructional for the employee by including an example.
Fourth, use the terminology ‘‘needs improvement’’ cautiously in your narrative writing, as it may not convey the message you intend. The examples in our book are structured according to the following two criteria:
Meets/Exceeds Expectations
Needs Improvement
Note, though, that these are categories only for ease of use. In reality, stating that performance or behavior ‘‘needs improvement’’ is not the same as stating that it does not meet company standards or is unsatisfactory. Similarly, documenting that ‘‘Richard has been spoken to regarding excessive absenteeism and tardiness’’ does not convey that his performance was unacceptable. Don’t assume that the employee understood (or a jury would agree) that just because you spoke about performance which needed improvement, it was assumed to be substandard. Instead, clearly document when performance is unacceptable, unsatisfactory, or fails to meet standards.
Fifth, you should document the efforts you’ve made to help the employee meet performance standards throughout the review period. When writing annual performance appraisals, for example, you should include the fact that you gave the employee a copy of the attendance policy, paid for her to attend a workshop on dealing with interpersonal conflict in the work place, or encouraged her to take an accounting course at a local college. Such documentation will serve as evidence that you acted responsibly by attempting to proactively rehabilitate the worker.
Finally, when documenting core competency or technical issues, expand your basic ideas by employing a ‘‘by . . .’’ format, like this:
✧ Regularly places support staff in positions of leadership by appointing them subject matter experts in particular technical areas or by selecting them for workshop/seminar facilitator roles.
✧ Assumes responsibility for areas beyond his immediate control by preparing the monthly income statement, the comparative balance sheet, and overall general ledger maintenance.
✧ Has done very little to maintain and advance his technical knowledge and skills by upgrading his software skills, attending educational workshops, establishing a professional network of peers, or participating
in professional societies.
✧ Masters all phases of the project development life cycle by identifying and documenting requirements, technical processes and procedures, test documentation, and environment and deployment plans.
✧ Successfully negotiates salary offers and preempts counteroffer possibilities by ‘‘pre-closing’’ and proactively engaging finalist candidates in discussions about their future career development.
✧ Ensures that newly learned skills are repeated and enforced by following up with 30, 60, and 90 day quizzes and questionnaires.
Similarly, when documenting future development goals, you could easily strengthen the clarity of your message by applying the ‘‘I expect you to . . . by . . .’’ format. For example, it would be simple to turn a statement like:
‘‘In the upcoming review period, you must improve your client relations skills and better utilize your time.’’
into a more instructional, future-oriented statement by applying the ‘‘I expect you to . . . by . . .’’ structure, which would look like this:
‘‘I expect you to improve your client relations skills by following up with customers within two hours of their initial calls, by meeting them in their offices rather than asking them to come to yours, and by maintaining weekly contact regarding the status of their work order processing.’’
Of course, the examples themselves will easily stand on their own without the ‘‘by’’ predicate. Still, this structure should help to remind you to complete your thoughts and provide appropriate examples for your statements. Selectively added to the annual review at strategic points, it will add critical mass to the statements that you make and justify your perceptions. It will likewise help you clearly outline your performance expectations and how they will be concretely measured.
Clarity in your written message will not only protect your company from potential outside legal challenges; it will help build a shared sense of open communication, a greater sense of partnership, and increased accountability with your workers.
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