Thorough documentation is important, and it can help you avoid possible lawsuits and prevail in cases that are tried in court. A primary purpose of personnel documents is to help persuade a third party, such as a judge, jury, arbitrator, or mediator, that you made a reasonable and sound business decision based on the information available to you at the time.
Your documents will be more credible and reliable if you use the following standard practice:
- Date each document (include the day, month, and year).
- If the referenced document refers to a meeting, list attendees' names and job titles.
- If the document is a corrective action memo or performance evaluation, require the employee to sign it and provide the opportunity to include their written comments. If the employee refuses to sign the document, the person who met with the employee can put the statement “Employee refused to sign” on the document.
- If the employee will not necessarily agree with the contents of the document, such as a corrective action memorandum, you can include the statement, “My signature below indicates that I received this memorandum and that the contents of this memorandum have been discussed with me, not that I necessarily agree.”
- Cite the specific policy or procedure that is the subject of the document by its title and/or number.
- Complete the document on or near the date of the referenced event(s).
- Make sure that all facts stated are accurate. Expressing your personal opinions or beliefs is to be avoided. Do not exaggerate and do not include insignificant or petty facts. Do not diagnose “why” an employee acted a certain way unless based on facts uncovered during a formal investigation.
- Unless you can support accusations or conclusions with written documentation, do not use them. Be sure to state the facts that support any conclusions or accusations you do use.
- Avoid promises or guarantees unless there is to be a formal contract.
- Be honest and unbiased, even if honesty is unflattering to the employee.
- Make sure there is consistency with past practice, other documentation, policies, procedures, and the employee’s previous documentation.
- Use concise language, proper grammar, accurate spelling, and a format that creates a readable and professional appearance. Make sure the document is legible.