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Documentation


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Good documentation is important for many reasons. One of the most important is that when supervisors and managers generate even as much as handwritten notes, they're creating potential litigation exhibits that could have significant consequences down the road. Frankly, good documentation can mean the difference between winning and losing an employment-related lawsuit.


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For example, good documentation of a pattern of poor performance and discipline can establish that an employee's firing wasn't related to discrimination based on race, sex, age, religion, disability, or national origin. An employer may have a much more difficult time proving that without such documentation.

Good documentation also can make employment-related claims less of a headache. For example, the Equal Employment Opportunity Commission (EEOC) and other agencies often ask employers during investigations to provide documentation of performance issues involving both the employee who filed the charge and other employees who have had similar issues. Again, the presence of such documentation may make the proceeding much easier to defend.

The absence of such documentation may prompt an agency to dig deeper, push to interview witnesses, or take other measures designed to elicit information that it expects should have been documented or find out the reasons for the absence of documentation.

Documentation also is critical because memories aren't perfect. Remembering a specific performance issue involving one of a hundred employees months or even years ago isn't easy. Moreover, because the unfortunate reality is that we live in an increasingly litigious society, an employee may deny that the performance issue ever happened and leave the employer in a "he said, she said" situation when trying to justify a personnel decision.

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Related articles on Documentation from the State Employment Law Letters
designates additional valuable resources available exclusively to Employment Law Letter subscribers

Help me help you: documenting discipline
  West Virginia Employment Law Letter, June 2008
Reflections on a theme: documentation and recordkeeping
  South Carolina Employment Law Letter, October 2007
Employer investigations: If it's not in writing, it never happened
  Nevada Employment LawLetter, September 2007
Avoid liability through sound recordkeeping
  South Carolina Employment Law Letter, July2007
A warning can be a good thing
  South Carolina Employment Law Letter, May 2007
Documentation supports dismissal of age claim
  Colorado Employment Law Letter, April2007
Do you need a performance management system?
  West Virginia Employment Law Letter, February2007
Changing the rules: document discovery in a digital world
  Kentucky Employment Law Letter,January 2007

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