If an organization is ever faced with litigation involving an action that it took—or failed to take—the written account of the incident will carry much weight. The written documentation is critical in defending the company’s position and action taken.
Be accurate, objective and clear in your written documentation:
- Do not provide your personal opinions about the employee. All documentation should provide only the facts of what was observed and done.
- Do not document rumors or speculation about the employee’s personal life.
- Do not provide theories about why the employee behaves a certain way. For example, don’t call an employee “crazy”, instead, document behaviors.
- Do not provide legal conclusions. For example, instead of saying, “Your conduct was sexual harassment.” Consider saying “We have concluded that you violated our sexual harassment policy.” or “Your massaging Carol’s shoulders on two occasions was inappropriate and must not be repeated.” This makes for a better defense should the complainant sue for sexual harassment.
- Do not document information about the employee’s family, ethnic background, beliefs, or medical history.
- Do not document your opinions about the employee’s career prospects.
- Do not document unsubstantiated accusations.
- Do not document promises or threats.
- Do not use words such as “always” or “never.” For example, “Mike is always late.”
- Do not make grammatical or spelling errors.
