Good documentation is what gives you credibility with both your employees and your boss. It shows that you treated employees objectively and in a consistent manner. Ultimately, it’s Exhibit A when you go to trial.

Unemployment is very high and you probably already know that employees are much more likely to sue during downturns, so good documentation is even more important than ever.

Sad but True
Have you ever been part of this scenario?
The supervisor says, â??I want to fire Mikeâ? but when you check Mikeâ??s personnel file, there are no records of problems; the file might even be positive.

There are many reasons supervisors give for the lack of documentation (heâ??s having personal problems, I didnâ??t want to make him feel bad, heâ??s usually a great performer). What it all boils down to is instead of hearing excuses from the employee, the supervisor is making the excuses for the employee without ever discussing the problem with the employee! The end result is poor documentation and nothing â??on the recordâ? indicating performance problems.

Remember, should you get involved in litigation, you will live or die by your documentation. Whenever you document something always assume the end reader will be a judge or jury. If they find what you have written to be vague, confusing, unclear, or malicious, what effect do you think it will have on their decision?

Opportunities Abound
You have many opportunities to create good documentation:
â?¢ Annual reviews
â?¢ New Hire 90 day reviews
â?¢ Complaints by the employee
â?¢ Complaints against the employee (harassment, etc)
â?¢ Coaching/mentoring discussions
â?¢ Discipline

Things to Consider Before a Termination
â?¢ Have you followed your own policies?
â?¢ Have you been consistent?
â?¢ Could this firing be viewed as discriminatory?
â?¢ Could this firing be viewed as retaliatory?
â?¢ Is the employee pregnant; has an open workerâ??s comp claim, or preparing to go on leave?
â?¢ Do you have a well-documented business reason for the termination?
â?¢ Do you have good supporting documentation?
â?¢ Have you been fair relative to other employees in a similar situation?

Formal Discipline
For problems that ultimately result in termination, the one piece of documentation that will have the most impact is the disciplinary notice (although all the other pieces of documentation will also be of value). Therefore it is critical that you have a formal disciplinary process in place and all supervision is trained on its use. This will allow for consistency, clarity, standardization, and objectivity, all the things that a judge or jury is looking for. To that end I suggest you have a standard discipline form for which all supervisors must address the following six points.

1. Describe the problem situation. Be specific. Include dates, times, and all data pertaining to the problem.
2. Summarize previous discussions. Attach any pertinent information from previous discussion, if necessary.
3. Describe what you expect the employee to do to correct the problem. Include time parameters whenever possible.
4. Describe what actions your are taking
5. Describe what the consequences will be for continued lack of improvement.
6. Set a date for a follow-up meeting to discuss the employeeâ??s performance relative to your expectations.

Human Resources 4U specializes in helping companies develop effective documentation procedures and in making proper termination decisions resulting in a minimized the risk of discrimination and/or retaliation claims.

Human Resources 4U is a full service Human Resources consulting company specializing in small and midsize businesses. Note: This article is presented with the understanding that we are not engaged in rendering legal advice. If legal advice is required, the services of a competent attorney should be sought.