A workplace investigation and compliance training firm offers suggestions regarding the importance of creating workplace documentation that could hold up in court.

Citing the fact that majority of employment cases settle because it's "too risky to bring it in front of a jury", one reason is that many people know somebody who has been harassed, discriminated against, had a poor manager or wasn't treated what the employee perceived as fairly.

For this reason, managers need to be careful and make sure that they have thorough documentation. Work with human resources and your legal counsel to create useful documentation. For example:

• Be specific with your expectations. "Be on time" doesn't give enough information. "Be at your desk, ready to work, no later than 8:30 a.m." is more specific and more enforceable.
   
• When addressing performance or behavior issues, explain in objective language and in detail when the violation occurred, what exactly happened (words, tone, gestures, context), and what rule was violated.
   
• Include in the documentation the explanation the employee gives. There may be an explanation that excuses the violation. For example, there was a "client who wanted to fire an employee for repeatedly being late. She encouraged the client to ask the employee about her behavior. The employee said she was completing a training at another building on the campus to help her go up the corporate ladder but she was worried about divulging that information. By seeking the employee's explanation, it corrected the employer's assumptions, showed fairness and provided an opportunity to fix what was causing the problem."
   
• Detail the action plan for improvement, complete with specific time expectations, and specific goals. Include consequences if the plan is not successful.
   
• Monitor the plan, often. Celebrate successes and be truthful about shortcomings.
   

Emilie Shumway "7 tips for workplace documentation that holds up in court, according to a compliance trainer" https://www.hrdive.com/news/employee-documentation-best-practices-shrm/719799/?utm_source=Sailthru&utm_medium=email&utm_campaign=Issue: (Jun. 25, 2024).

Commentary
 

The best witness in an employment practice trail is genuine objective, detailed documentation.

Juries will always favor fair and objective evidence over subjective opinion and interpretation.

For that reason, managers must objectively and fairly document the performance of employees.