Developing Workplace Documentation that Will Hold Up in Court
By way of introduction, the speaker (a veteran expert witness in employment law cases) said the following: “Who sits on a jury in an employment law case? Twelve (12) employees.” With that in mind, from the 2024 SHRM conference in Chicago come the following essentials employers should follow for self-protection:
Describe the expectations clearly and explicitly (e.g., specify a starting time, not just “early”)
Describe the behavior that must change – or must continue; keep it objective and job-related
Seek and include an explanation from the employee regarding the behavior being recorded
Detail the action plan and goals; include specifics (e.g., timelines, dates, etc.)
Include specific time expectations (avoiding “soon,” “ASAP”, other non-specifics) as part of #4
Follow up on the plan – do not “let it slide”; employee must know where they stand at all times
Outline the consequences – to be presented somewhat later in the process if no or insufficient progress is being made.
Final tip: Have someone outside the process review the documentation for clarity and objectivity.