How to Write Employee Documentation
that can Stand Up in Court!


Document, document, document!  Documenting employee performance appropriately can help your company avoid litigation and protect your assets!  

Documentation is evidence when faced with litigation or charges of unfair labor practices. Not having documentation or having inadequate documentation can be the determining factor to cause employers to lose in court.

Workplace litigation is a record high levels! Wrongful discharge cases are also on the rise. The average workplace lawsuit settlement is $165,000 and if the case goes to court, the cost could be in excess of $1 Million or more, plus lawyer fees. If you documentation is not adequate, it could cost you!

Additionally, documenting employee performance helps organizations:

  • Address performance issues,
  • Justify employment actions,
  • Support company objectives, as well as,
  • Aid in efficiently contesting unemployment claims.

This manual contains guidelines to help you write document employee performance and behavior that can stand up in court. Example Issues include: Sexual harassment, misconduct, and tardiness. This manual is meant to help employers to avoid expensive litigation by being prepared.