Chapter 3 – Personnel, Training, and Employee Relations

33030.8.1.4 Letters of Instruction

• An LOI may not deprive employees of pay or benefits (e.g., removal from a position, loss of differential pay). The LOI shall be prepared on a memorandum and shall (1) state the expected performance standards to be met; (2) provide a plan to meet expected performance; and (3) indicate time frames to meet the expectation. The memorandum shall be as follows:

  • Entitled “Letter of Instruction;”

  • Clearly addressed to employee;

  • Clearly state the nature and circumstances of the problem;

  • Cite previous discussions with employee;

  • Include an explanation of why the employee’s conduct is considered inappropriate, and what conduct would have been appropriate;

  • Clearly state exactly what standards of performance are expected from the employee;

  • Include results of face-to-face discussion;

  • Develop a plan and set a date, not to exceed one year, by which the employee is to meet the expected performance.

• The LOI shall be signed by the supervisor and presented to the employee for his/her signature. A copy of the signed LOI shall be provided to the employee. The Hiring Authority shall sign the space “Approved for Placement in Personnel File.” A copy of the LOI shall be forwarded to the EROEmployee Relations Officer/Disciplinary Officer and to the local personnel office for placement in the employee’s official personnel file and the employee’s supervisory file.

• Follow-up discussions with employees who receive an LOI shall occur and be documented and filed in the employee’s supervisory file. [See Otto v. Los Angeles Unified School District (2001) 89 Cal. App. 4th 985]