When it comes to documenting employees and their workplace problems, Jonathan Segal of Duane Morris says in a recent post that having no documentation actually can be better than producing bad documentation. “The content of your paper trail—including word choice—is key,” he says.
Here are some of Segal’s tips for employment issue documentation:
- Don’t label: I believe the advice for writers goes, “Show, don’t tell.” Segal says that labeling employees without giving behavioral examples isn’t helpful. He uses the example of stating someone has a “bad attitude.” Instead, descriptively explain what actions were at fault, such as denying responsibility for mistakes or blaming others.
- Focus on cause of performance: “Don’t state or suggest that you believe an employee has a physical or mental condition or that performance deficiencies relate to reasons for a prior leave,” says Segal. Instead, spend the time writing about the actual behavior.
- Avoid too much detail: The devil may very well be in the details. Segal notes that some employers make the mistake of writing down absolutely everything, which he warns may look like a setup. Instead, he suggests writing a general statement, following up with a few examples and stating that these don’t include all the times this behavior was exhibited.
- Beware of creating liability: Be particularly careful while documenting and avoid using any language that could actually create liability for the organization. For instance, Segal says a professional services provider shouldn’t be stating an employee’s performance was “substandard,” as down the road this could give clients ammunition in a lawsuit.
