Can an employee refuse to sign?

Yes. Document the refusal and continue to file the notice. Include manager and HR witness signatures if available, note the refusal in the file, and preserve the original for auditability; refusal does not invalidate the employer’s documented actions.

Are electronic signatures acceptable?

Yes. Electronic signatures are legally valid under the ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes where adopted. Ensure intent, consent, attribution, and reliable record retention to meet the ESIGN legal validity test.

Is notarization required?

Not typically. Internal performance notices rarely require notarization or witnesses. Consider notarization only if the document will be used as sworn evidence or appended to legal filings; seek state‑specific advice.

How long should notices be kept?

Retain notices per company policy and applicable law: generally at least 3 years post‑termination; follow HIPAA’s six‑year rule for healthcare records and extend retention under litigation holds.

What if the notice contains errors?

Correct errors promptly by issuing an amended notice or addendum, document the correction and rationale, keep both original and revised copies with timestamps, and explain the change in the personnel file.

Can I include PII or PHI when eSigning?

Yes, but protect sensitive data. Use encrypted platforms, role‑based access, and BAAs for health information. Limit disclosure, follow privacy policies, and preserve audit logs to demonstrate compliance.

Electronic Signature
Templates
Other
Employee Performance Notice

Employee Performance Notice

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

What an Employee Performance Notice Is and when it's used

An Employee Performance Notice is a formal written record used by employers to document an employee’s performance issue, counseling, or disciplinary action. It captures objective facts, dates, observed behaviors or metrics, required improvements, and timelines for review. The notice creates a clear record for HR decisions, supports progressive discipline, and can inform performance reviews or termination decisions. Employers should ensure notices are factual, dated, acknowledged by relevant parties, and retained in personnel files consistent with company policy and legal obligations.

Why a clear performance notice matters for HR control and fairness

A consistent Employee Performance Notice clarifies expectations, documents corrective efforts, and reduces ambiguity during reviews or disputes. It provides a timeline of actions taken, supports fair treatment, and preserves evidence should legal or regulatory questions arise.

Who typically prepares and receives these notices

Employers, HR professionals, and direct managers use Employee Performance Notices during routine performance management, corrective counseling, and disciplinary procedures.

HR managers prepare and maintain notices, ensure policy alignment, and manage personnel file retention.
Direct supervisors document incidents, set improvement goals, and communicate expectations and timelines to the employee.
Legal and compliance staff review notices for regulatory risk, discrimination exposure, and policy consistency.

Core components every professional Employee Performance Notice should include

A well‑structured notice records identifying information, factual findings, performance expectations, a remediation plan, timelines for review, and signatures to support clear follow-up and compliant retention.

Header

Document title, issue date, document identifier, and reference to relevant company policy or handbook for immediate record identification in personnel systems.

Employee Details

Full legal name, job title, department, manager name, employee ID, hire date, work location, and contact information to link the notice to the correct personnel record.

Performance Issues

Concise, factual descriptions of incidents, missed targets, or behavioral observations with dates, times, and observable impact; avoid opinions and include supporting evidence.

Expectations

Clear, measurable performance standards or behavioral expectations and examples of acceptable work to guide employee improvement and reduce ambiguity.

Corrective Plan

Specific actions, offered support or training, deadlines, scheduled review dates, and stated consequences if objectives are not met within the timeline.

Signatures

Employee and manager signatures with dates plus HR acknowledgment; note electronic signature method or document any refusal to sign and the circumstances.

Required fields to complete accurately

Employee Name: Full legal name as on file.

Job Title: Current job title and department.

Relevant Dates: Dates of incidents and notice.

Issue Summary: Factual description with supporting dates.

Improvement Plan: Actions, timelines, measurable targets.

Signatures: Manager, employee, HR dates.

Step-by-step: prepare, review, and issue a notice

Follow these sequential steps to complete, approve, and issue an Employee Performance Notice accurately and consistently.

01

Gather Facts: Collect dates, documents, and witness statements.
02

Draft Notice: Write factual descriptions, expectations, and timelines.
03

Review: Have HR and legal review for policy and compliance.
04

Deliver: Provide to employee and record acknowledgment or refusal.

How to configure an online template and routing workflow

Configure online templates, required fields, and automated routing to speed creation and ensure consistent Employee Performance Notices across teams.

Field	Configuration
Template	Use a standard template with locked sections for critical fields.
Required Fields	Make employee name, date, issue, and corrective actions mandatory.
Routing	Auto-route to HR and manager upon completion or signature.
Retention	Set retention flags per company policy and legal requirements.

Where to file, send, and store issued notices

Decide routing and filing for signed notices to ensure secure storage, limited access, and a clear chain of record for HR and legal review.

Local HR File: Store original in the central personnel file per retention policy.
HRIS Entry: Log notice and metadata in HRIS or case management systems.
Manager Copies: Provide dated copy to the manager for follow-up and coaching.
Employee Copy: Give the employee a signed copy and explain next steps.

Technical capabilities to support electronic notices

For electronic submission and storage, choose platforms that provide strong authentication, tamper-evident audit trails, encryption at rest and in transit, and role-based access to protect employee privacy.

Authentication: Support for email, SMS, or stronger multi-factor authentication.
Audit Trail: Capture timestamps, IP addresses, and action logs.
Integrations: Connect to HRIS, Salesforce, NetSuite, and Google Workspace.

Typical timing expectations and response windows

Key timing expectations after issuing a notice define review points, employee response windows, and HR retention steps to ensure timely follow‑up and compliance.

Immediate Delivery:

Provide notice to the employee on the same day as the decision.

Initial Improvement Period:

Set a 30- to 90-day improvement window depending on role and deficiency.

Review Meetings:

Schedule periodic check-ins during the improvement period to assess progress.

Final Action Deadline:

Document final decisions after the improvement deadline has passed.

Employee Response Window:

Allow 5–10 business days for a written employee response or appeal.

Milestone sequence from issue to final disposition

Major milestones from issuing a notice through final disposition create a clear audit trail and support consistent decision making across cases.

01

Identify Issue

Document facts, dates, evidence, and witnesses promptly after discovery.

02

Draft Notice

Prepare a factual notice with clear expectations and remediation steps.

03

Deliver & Acknowledge

Provide notice to employee, obtain signature, or document refusal.

04

Follow-Up Decision

Conduct reviews and issue final action based on improvement outcomes.

Common preparation errors to avoid

Using vague or subjective language instead of specific, dated examples increases dispute risk and weakens the employer’s position.
Failing to include clear improvement targets, measurable criteria, and deadlines leaves managers unable to determine whether progress occurred and justify next steps.
Not documenting offered support, coaching, or training can suggest the employer did not provide a reasonable opportunity to improve.
Misplacing signed notices or not following retention schedules can complicate later HR actions and legal defenses.

Risks and potential consequences of faulty documentation

Discrimination Claims: Poorly documented processes increase exposure to legal claims.

Wrongful Termination: Incomplete records weaken an employer’s defense in disputes.

I-9 Compliance: Employee notices do not substitute for I-9 eligibility requirements.

Wage/Hour Risk: Disciplinary actions affecting pay raise potential wage disputes.

Reputational Harm: Inconsistent processes can harm morale and employer brand.

Regulatory Scrutiny: Labor agencies may review records during audits or complaints.

How an Employee Performance Notice differs from a Performance Improvement Plan

Compare related HR documents to determine whether a brief notice, a formal plan, or a disciplinary letter is the appropriate instrument for the situation.

Document	Performance Notice	Performance Improvement Plan
Purpose	record of issue	targeted remediation
Detail Level	brief factual summary	goals, metrics, timeline
Signatures Required
Use Before Termination	often	typically required

Sample eSignature vendor comparison for handling Employee Performance Notices

Basic pricing and feature availability across common eSignature vendors to inform platform selection for secure delivery, audit trails, and compliance. Verify vendor plans and enterprise features directly with providers.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	Varies
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	Varies — check vendor	Varies — check vendor

FAQs: common questions when preparing and managing notices

Practical answers to typical questions about signatures, delivery, retention, corrections, and use of electronic platforms when managing Employee Performance Notices.

Need help? Contact support

Can an employee refuse to sign?
Yes. Document the refusal and continue to file the notice. Include manager and HR witness signatures if available, note the refusal in the file, and preserve the original for auditability; refusal does not invalidate the employer’s documented actions.
Are electronic signatures acceptable?
Yes. Electronic signatures are legally valid under the ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes where adopted. Ensure intent, consent, attribution, and reliable record retention to meet the ESIGN legal validity test.
Is notarization required?
Not typically. Internal performance notices rarely require notarization or witnesses. Consider notarization only if the document will be used as sworn evidence or appended to legal filings; seek state‑specific advice.
How long should notices be kept?
Retain notices per company policy and applicable law: generally at least 3 years post‑termination; follow HIPAA’s six‑year rule for healthcare records and extend retention under litigation holds.
What if the notice contains errors?
Correct errors promptly by issuing an amended notice or addendum, document the correction and rationale, keep both original and revised copies with timestamps, and explain the change in the personnel file.
Can I include PII or PHI when eSigning?
Yes, but protect sensitive data. Use encrypted platforms, role‑based access, and BAAs for health information. Limit disclosure, follow privacy policies, and preserve audit logs to demonstrate compliance.

Explore Templates

CIV 700 Petition for Change of Name Vital Statistics Form for Legal Name Change Alaska Adult Name Change Instructions for Adult Change of Name Parental Consent for Non-Petitioning Parent Child's Change of Name Packet

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now