Ground Rules: Employment Law Over Your Coffee Break

Documentation Isn’t Optional: Protecting Your Business Before It’s Too Late

Pam Howland Season 2 Episode 17

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0:00 | 26:45

In this week's Ground Rules episode, we continue our Law for Leaders Book Club with Chapter Three: Why You Need to Document and What Your Documentation Needs to Say.

Here's what we cover:

  • Why a lack of documentation leaves a void, and how that void gets filled by whatever the employee imagines the reason to be
  • Why "we're an at-will state" doesn't protect you if a claim is filed. You still have to show a legitimate, lawful reason
  • Why juries don't trust employer testimony, and why contemporaneous documentation is always more credible
  • What good documentation actually looks like: specific, candid, dated, with real examples. Handwritten notes and voice memos count
  • What never to include: protected class information like disability, age, race, religion, or FMLA leave
  • The annual review trap, and how a sugar-coated review can destroy a termination defense

One of the biggest practical takeaways from this chapter:

If your leaders aren't comfortable giving honest feedback, they may be handing your next claimant their case. Documentation isn't just an HR task. It's a leadership skill, and one that needs to be practiced consistently, not just at termination.


*Ground Rules hosts and guests are not providing legal advice in this podcast. Do not act upon any of the information discussed in this podcast without first consulting a licensed attorney in your jurisdiction.*

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