Skip to main content
  • Foundation
  • Executive network
  • CEO Circle
  • Enterprise Solutions
  • Linkage Logo
  • Store
  • Sign In
  • Account
    • My Account
    • Logout
    • Global
    • India
    • MENA
SHRM
About
Book a Speaker
Join Today
Renew
Rejoin Now
Renew
  • Membership
  • Certification
    Certification

    Smiling asian student studying in library with laptop books doing online research for coursework, making notes for essay homework assignment, online education e-learning concept
    Get Certified!

    Be recognized as an HR leader with your SHRM-CP or SHRM-SCP credential.

    • How to Get Certified

      Demonstrate your ability to apply HR principles to real-life situations. No other HR certification compares.

      • How to Get Certified
      • Eligibility Criteria
      • Exam Details and Fees
      • SHRM-CP
      • SHRM-SCP
      • Which Certification is Best for Me
      • Certification FAQs
    • Prepare for the Exam

      Give yourself the best chance to pass your SHRM certification exam.

      • Exam Preparation
      • SHRM BASK
      • SHRM Learning System
      • Instructor-Led Learning
      • Self-Study
      • Study Aids & Add-ons
    • Recertification

      Recertify your SHRM Credentials before your end date!

      • Specialty Credentials
      • Qualifications
  • Topics & Tools
    Topics & Tools

    Stay up to date with workplace news and leverage our vast library of resources to streamline day-to-day HR tasks.

    The white house in washington, dc.
    Executive Order Impact Zone

    Do not abandon, but evaluate and evolve. It is about legal, equal opportunity for all.

    • News & Trends

      Follow breaking news and emerging workplace trends.

      Legal & Compliance

      Stay informed on workplace legal updates and their impacts.

      From the Workplace

      Explore diverse perspectives from your peers on today's workplaces.

      Flagships

      Get curated collections of podcasts, videos, articles, and more produced by SHRM.

    • HR Topics
      • AI in the Workplace
      • Civility at Work
      • Compensation & Benefits
      • Inclusion & Diversity
      • Talent Acquisition
      • Workplace Technology
      • Workplace Violence Prevention
      SEE ALL
      SHRM Research
    • Tools & Samples

      Access member resources and tools to streamline HR tasks.

      • Forms & Checklists
      • How-To Guides
      • Interactive Tools
      • Job Descriptions
      • Policies
      • Toolkits
      SEE ALL
      Ask an Advisor
  • Events & Education
    Events & Education

    SHRM25 in San Diego, June 29 - July 2, 2025
    Join us for SHRM25 in San Diego

    Register for the World’s Largest HR Conference being held on June 29 - July 2, 2025

    • Events
      • SHRM25
      • The AI+HI Project 2025
      • INCLUSION 2025
      • Talent 2026
      • Linkage Institute 2025
      SEE ALL
      Webinars
    • Educational Programs

      Designed and delivered by HR experts to empower you with the knowledge and tools you need to drive lasting change in the workplace.

      Specialty Credentials

      Demonstrate targeted competence and enhance credibility among peers and employers.

      Qualifications

      Gain a deeper understanding and develop critical skills.

    • Team Training & Development

      Customized training programs unique to your organization’s needs.

  • Business Solutions
  • Advocacy
    Advocacy

    Make your voice heard on public policy issues impacting the workplace.

    Advocacy
    SHRM's President & CEO testifies to Congress on "The State of American Education"
    • Policy Areas
      • Workforce Development
      • Workplace Inclusion
      • Workplace Flexibility & Leave
      • Workplace Governance
      • Workplace Health Care
      • Workplace Immigration
      State Affairs

      SHRM advances policy solutions in state legislatures nationwide.

      Global Policy

      SHRM is the go-to for global HR leaders and businesses on workplace matters.

    • Advocacy Team (A-Team)

      SHRM’s A-Team is a key member benefit, giving you the tools, insights, and opportunities to shape workplace policy and drive real impact.

      Take Action

      Urge lawmakers to support policies that create lasting, positive change.

      Advocacy & Legislative Resources

      Access SHRM’s curated policy materials and content.

    • SHRM-Led Coalitions
      • Generation Cares
      • The Section 127 Coalition
      • Learn More & Partner with SHRM Government Affairs
  • Community
    Community

    Woman raising hand in group
    Find a SHRM Chapter

    Easily find a local professional or student chapter in your area.

    • Chapters

      Find local connections from over 607 chapters and state councils and create your personalized HR network.

      SHRM Connect

      Post polls, get crowdsourced answers to your questions and network with other HR professionals online.

      SHRM Northern California

      Join SHRM members in the greater San Francisco Bay area for local events and networking.

    • Membership Councils

      Learn about SHRM's five regional councils and the Membership Advisory Council (MAC).

      • Membership Advisory Council
      • Regional Councils
    • Volunteers

      Learn about volunteer opportunities with SHRM.

      • Volunteer Leader Resource Center
Close
  • Membership
  • Certification
    back
    Certification
    Smiling asian student studying in library with laptop books doing online research for coursework, making notes for essay homework assignment, online education e-learning concept
    Get Certified!

    Be recognized as an HR leader with your SHRM-CP or SHRM-SCP credential.

    • How to Get Certified

      Demonstrate your ability to apply HR principles to real-life situations. No other HR certification compares.

      • How to Get Certified
      • Eligibility Criteria
      • Exam Details and Fees
      • SHRM-CP
      • SHRM-SCP
      • Which Certification is Best for Me
      • Certification FAQs
    • Prepare for the Exam

      Give yourself the best chance to pass your SHRM certification exam.

      • Exam Preparation
      • SHRM BASK
      • SHRM Learning System
      • Instructor-Led Learning
      • Self-Study
      • Study Aids & Add-ons
    • Recertification

      Recertify your SHRM Credentials before your end date!

      • Specialty Credentials
      • Qualifications
  • Topics & Tools
    back
    Topics & Tools

    Stay up to date with workplace news and leverage our vast library of resources to streamline day-to-day HR tasks.

    The white house in washington, dc.
    Executive Order Impact Zone

    Do not abandon, but evaluate and evolve. It is about legal, equal opportunity for all.

    • News & Trends

      Follow breaking news and emerging workplace trends.

      Legal & Compliance

      Stay informed on workplace legal updates and their impacts.

      From the Workplace

      Explore diverse perspectives from your peers on today's workplaces.

      Flagships

      Get curated collections of podcasts, videos, articles, and more produced by SHRM.

    • HR Topics
      • AI in the Workplace
      • Civility at Work
      • Compensation & Benefits
      • Inclusion & Diversity
      • Talent Acquisition
      • Workplace Technology
      • Workplace Violence Prevention
      SEE ALL
      SHRM Research
    • Tools & Samples

      Access member resources and tools to streamline HR tasks.

      • Forms & Checklists
      • How-To Guides
      • Interactive Tools
      • Job Descriptions
      • Policies
      • Toolkits
      SEE ALL
      Ask an Advisor
  • Events & Education
    back
    Events & Education
    SHRM25 in San Diego, June 29 - July 2, 2025
    Join us for SHRM25 in San Diego

    Register for the World’s Largest HR Conference being held on June 29 - July 2, 2025

    • Events
      • SHRM25
      • The AI+HI Project 2025
      • INCLUSION 2025
      • Talent 2026
      • Linkage Institute 2025
      SEE ALL
      Webinars
    • Educational Programs

      Designed and delivered by HR experts to empower you with the knowledge and tools you need to drive lasting change in the workplace.

      Specialty Credentials

      Demonstrate targeted competence and enhance credibility among peers and employers.

      Qualifications

      Gain a deeper understanding and develop critical skills.

    • Team Training & Development

      Customized training programs unique to your organization’s needs.

  • Business Solutions
  • Advocacy
    back
    Advocacy

    Make your voice heard on public policy issues impacting the workplace.

    Advocacy
    SHRM's President & CEO testifies to Congress on "The State of American Education"
    • Policy Areas
      • Workforce Development
      • Workplace Inclusion
      • Workplace Flexibility & Leave
      • Workplace Governance
      • Workplace Health Care
      • Workplace Immigration
      State Affairs

      SHRM advances policy solutions in state legislatures nationwide.

      Global Policy

      SHRM is the go-to for global HR leaders and businesses on workplace matters.

    • Advocacy Team (A-Team)

      SHRM’s A-Team is a key member benefit, giving you the tools, insights, and opportunities to shape workplace policy and drive real impact.

      Take Action

      Urge lawmakers to support policies that create lasting, positive change.

      Advocacy & Legislative Resources

      Access SHRM’s curated policy materials and content.

    • SHRM-Led Coalitions
      • Generation Cares
      • The Section 127 Coalition
      • Learn More & Partner with SHRM Government Affairs
  • Community
    back
    Community
    Woman raising hand in group
    Find a SHRM Chapter

    Easily find a local professional or student chapter in your area.

    • Chapters

      Find local connections from over 607 chapters and state councils and create your personalized HR network.

      SHRM Connect

      Post polls, get crowdsourced answers to your questions and network with other HR professionals online.

      SHRM Northern California

      Join SHRM members in the greater San Francisco Bay area for local events and networking.

    • Membership Councils

      Learn about SHRM's five regional councils and the Membership Advisory Council (MAC).

      • Membership Advisory Council
      • Regional Councils
    • Volunteers

      Learn about volunteer opportunities with SHRM.

      • Volunteer Leader Resource Center
Join Today
Renew
Rejoin Now
Renew
  • Store
    • Global
    • India
    • MENA
  • About
  • Book a Speaker
  • Foundation
  • Executive network
  • CEO Circle
  • Enterprise Solutions
  • Linkage Logo
SHRM
Sign In
  • Account
    • My Account
    • Logout
Close

  1. Topics & Tools
  2. Workplace News & Trends
  3. Putting Humanity into HR Compliance
  4. Replace the Last Chance Agreement and the Final Written Warning with the Crossroads Conversation
Share
  • Linked In
  • Facebook
  • Twitter
  • Email

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vivamus convallis sem tellus, vitae egestas felis vestibule ut.


Error message details.

Copy button
Reuse Permissions

Request permission to republish or redistribute SHRM content and materials.


Learn More
Viewpoint

Replace the Last Chance Agreement and the Final Written Warning with the Crossroads Conversation

February 6, 2020

A man standing on a parking lot with two arrows pointing in different directions.


​Readers of this column know I'm no fan of the oxymoron "progressive discipline." My antipathy extends to last chance agreements, final written warnings and similar "or else" documentation. They're demeaning, dehumanizing and adversarial. They're also counterproductive, both as relationship intervention agents and for claim prevention or defense.

Fortunately, there's a better path. I call it the "crossroads conversation." At whatever point in the relationship it strikes management that the fit may not be right, and that the employee is unable or unwilling to meet performance, attendance or behavioral expectations, it's time for a crossroads conversation.

To illustrate: During his first week of employment, your employee Bob shows up 10 minutes late one day. "Hey Bob," you say, "It's 8:10 and your shift begins at 8. What happened?"

"My dog hid my car keys," Bob says.

"How are you going to solve this problem so we can count on you being here on time every workday?"

"No worries, boss. I'll just hide the car keys from my dog."

Next week, the excuse is the family cat. You're now skeptical that you can rely on Bob to be at work on time.

It's time for the crossroads conversation.

"Bob, I'm concerned. Last week you were 10 minutes late on Wednesday and said you'd take the necessary steps to prevent this problem from occurring again. Less than a week later, you came in at 8:20. I need to rely on you being here 8 to support our customers and your co-workers. If I can't count on you, we'll need to make a transition and you'll need to move on to other employment. What do you think?"

Now you've got Bob's attention. He makes an unequivocal commitment to be on time and says he fully understands that the alternative is his leaving the company. Tell him you'll confirm this conversation in an e-mail or other written instrument. Instead of issuing a final warning or last chance agreement, you'll write what I call a same day summary.

Now let's go back to the first time Bob comes in late. What if instead of making a commitment to change, he pushes back? "I don't know that I can consistently be on time. My dog really enjoys hiding my car keys."

This is not time to issue the "first verbal warning." Instead, itis crossroads time. Bob has essentially told you that you can expect repeat behavior in the future. "If that's the case Bob, I don't see how you can remain at our company since I have to rely on you being here every workday at 8. I think it may be time to end this relationship. What do you think?"

In my experience, Bob will either:

  1. Agree, and leave quietly.
  2. Request another chance, in which case you do a same day summary similar to the one above.
  3. Continue to resist making the necessary commitment, in which case you end his employment and write a same day summary for his personnel file, capturing this last conversation.

What are the differences between the crossroads approach and the traditional progressive discipline or final warning approach?

  1. The crossroads conversation is far more respectful. It's not imposed. It simply captures, first orally, then in writing, a real-time communication between manager and employee.
  2. It is timely and responsive to actual circumstances. You don't waste time and energy on step-by-step discipline. The focus remains where it should be: Is there an intervention that will correct the problem or is it time to say goodbye?
  3. Because of the respect and clarity, it maximizes the likelihood that if Bob is capable of making the necessary change, he will.
  4. Because of the respect and clarity, it maximizes the likelihood that if Bob isn't capable of making the necessary change, he'll leave quietly—no fuss, claims or litigation.
  5. Especially with HR's coaching, managers are much less likely to go astray with a crossroads conversation. Traditional progressive discipline is rife with places to make serious mistakes.

Lawyers React

Employment law attorneys had some concerns about the crossroads conversation. "Although I generally agree with you that a simple summary is best for everyday performance issues," said Sean Driscoll, an employment attorney in Portland, Ore., "I'm concerned that your approach could prove problematic when employee behavior involves legally protected activities or statuses."

For example, in the case of sexual harassment, Driscoll believes that "often the best legal protection is a 'final written warning' or similar formal warning that tells the offending employee that any future misconduct will result in termination. The warning sets clear expectations for the offending employee and shows the victim (and potential jury) that the company took steps designed to halt the offending conduct (a defense to liability in many cases)."

The attorneys emphasize that managers will need to be well-trained on when and how to conduct a crossroads conversation, how to write a good same day summary, and when to consult HR. HR will also need to know when to consult an employment attorney.

Former employment law attorney and now assistant director and HR leader at Salt Lake Legal Defender Association Charlotte Miller finds it interesting that the lawyers are concerned that the crossroads approach will require training. "The current approach requires training, at which we have mostly been unsuccessful because the training is geared toward reducing liability rather than solving a problem. Managers have learned that there are magic words, that they have to stick to some script, or they will make a mistake. If we could trust managers to follow a concept and use their own genuine approach, we would be in a better place. Crossroads feels like an attempt toward that trust and genuineness."

Paul Buchanan, an employment attorney who represents both large companies and individuals in employment disputes, notes, "The real point in most cases is to communicate honestly and directly, and to be able to prove that you did. The more natural a supervisor feels that that process can be, the more likely it is to actually occur. So, I'm largely with Jathan on this approach.

"When I'm defending a large company in an employment case, my task is usually to demonstrate that the supervisor who made the challenged decision was acting in a principled, humane and patient manner and for legitimate business reasons. A record of direct, honest communication helps me to make that case—whereas  punitive, bureaucratic-sounding forms can cut the other direction."

Takeaway

The attorneys raise good points. Training needs to be thorough. Crossroads conversations and same day summaries need to be coordinated with HR. And in especially tricky situations, employment law counsel needs to be consulted.

Having coached the crossroads conversation and same day summary approach in numerous circumstances, however, including complex and challenging ones, I've found it to be a much better approach than conventional discipline, both from a claim prevention perspective and from a "human" perspective. I hope you do too.

Communication
Employee Conduct
Employee Relations

Artificial Intelligence in the Workplace

​An organization run by AI is not a futuristic concept. Such technology is already a part of many workplaces and will continue to shape the labor market and HR. Here's how employers and employees can successfully manage generative AI and other AI-powered systems.



Related Content

Kelly Dobbs Bunting speaks onstage at SHRM24
(opens in a new tab)
News
Why AI+HI Is Essential to Compliance

HR must always include human intelligence and oversight of AI in decision-making in hiring and firing, a legal expert said at SHRM24. She added that HR can ensure compliance by meeting the strictest AI standards, which will be in Colorado’s upcoming AI law.

(opens in a new tab)
News
A 4-Day Workweek? AI-Fueled Efficiencies Could Make It Happen

The proliferation of artificial intelligence in the workplace, and the ensuing expected increase in productivity and efficiency, could help usher in the four-day workweek, some experts predict.

(opens in a new tab)
News
How One Company Uses Digital Tools to Boost Employee Well-Being

Learn how Marsh McLennan successfully boosts staff well-being with digital tools, improving productivity and work satisfaction for more than 20,000 employees.

HR Daily Newsletter

Stay up to date with the latest HR news, trends, and expert advice each business day.

Success title

Success caption

Manage Subscriptions
  • About SHRM
  • Careers at SHRM
  • Press Room
  • Contact SHRM
  • Book a SHRM Executive Speaker
  • Advertise with Us
  • Partner with Us
  • Copyright & Permissions
  • Post a Job
  • Find an HR Job
Follow Us
  • LinkedIn
  • Facebook
  • Twitter
  • Instagram
  • YouTube
  • SHRM Newsletters
  • Ask An Advisor

© 2025 SHRM. All Rights Reserved

SHRM provides content as a service to its readers and members. It does not offer legal advice, and cannot guarantee the accuracy or suitability of its content for a particular purpose. Disclaimer


  1. Privacy Policy

  2. Terms of Use

  3. Accessibility

Join SHRM for Exclusive Access to Member Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member?
Free Article
Limit Reached

Get unlimited access to articles and member-exclusive resources.

You've reached the limit of 1 free article this month. Join to access unlimited articles and member-only resources.

Already a member?
Free Article
Exclusive Executive-Level Content

This content is for the SHRM Executive Network and Executive Content Subscription members only.

You've reached the limit of 1 free article this month. Join the Executive Network and enjoy unlimited content.

Already a member?
Free Article
Exclusive Executive-Level Content

This content is for the SHRM Executive Network and Executive Content Subscription members only.

You've reached the limit of 1 free article this month. Join and enjoy unlimited access to SHRM Executive Network Content.

Already a member?
Unlock Your Career with SHRM Membership

Please enjoy this free resource! Join SHRM for unlimited access to exclusive articles and tools.

Already a member?

Your membership is almost expired! Renew today for unlimited access to member content.

Renew now

Your membership has expired. Renew today for unlimited access to member content.

Renew Now

Your Executive Network membership is nearing its expiration. Renew now to maintain access.

Renew Now

Your membership has expired. Renew your Executive Network benefits today.

Renew Now