Employment Laws Mistake #7 - Documenting Workplace Issues.
When it comes to documenting employment and workplace issues, your bumper sticker should read, "If it's not in writing, it did not happen. It's not enough that you did not violate the law - you must be able to prove it.
Employer Mistake: A jury will believe everything you say, so you do not need to document everything.
The Truth:
Jurors, EEOC investigators, unemployment insurance judges and everyone in between expect employers to keep good records and be able to produce them when there is an issue about the actions that were taken and the reasons for doing so. Remember, consistent and contemporary documentation is corroborative. On the other hand, missing documentation undermines credibility; contradictory documentation destroys credibility and after-the-fact documentation is not nearly as helpful.
There are also a number of practical reasons to maintain proper documentation. While business organizations are dynamic and individuals may come and go, as well as their feelings toward an employer, the documents will remain. Also, creating a written record helps to focus one's attention and thinking and leads to better decision making.
Good documentation should explain three things:
- what the employee did wrong,
- the reasons for the employer's decision and
- the timing of the decision.
When documenting a termination decision, you might want to consider the following:
- documentation showing when and how the employee was put on notice,
- documentation showing the seriousness of an offense requiring summary dismissal,
- documentation showing each progressive disciplinary step,
- documentation showing a fair, objective and thorough investigation,
- documentation showing substantial evidence of guilt, and
- documentation showing that similarly situated employees have been treated in a similar manner.
Remember, documents do not have bad memories - they never forget.
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