When a former employee files a claim, the first thing anyone asks for is the documentation. Not the manager's memory, not the hallway conversations. What was written down, when, and whether the employee saw it.
Most managers are never taught how to do this. Here is a simple approach that protects fair managers and gives employees a real chance to improve.
The Five Rules of Good Documentation
1. Write it when it happens. Notes written the same day are far more credible than a summary assembled after someone is fired.
2. Stick to facts you saw or can verify. What happened, when, where, who was there, and the impact on the work.
3. Name the expectation. Connect the issue to a specific policy, job requirement or prior instruction.
4. Record what you said and what they said. Include the employee's explanation, even if you disagree with it.
5. Be consistent. Document the same behavior the same way for everyone. Inconsistent treatment is the root of most discrimination and retaliation claims.
Words to Avoid
Opinions and labels read badly later. Replace them with what happened.
| Instead of | Write |
|---|---|
| "Bad attitude" | "Raised voice at a coworker during the 2 PM shift huddle on May 3" |
| "Always late" | "Clocked in 15 or more minutes late on May 1, May 6 and May 8" |
| "Not a team player" | "Declined to cover the agreed shift swap on May 10 without notice" |
| "Seems unhappy" | Leave it out |
Never document anything about age, health, pregnancy, religion, family status or a complaint the employee has made, unless it is directly relevant and HR is involved. Notes that mention a protected activity or characteristic are exactly what a plaintiff's attorney looks for.
A Simple Template
Every documented conversation should cover:
- Date, time and who was present
- What happened, in specific, observable terms
- The expectation, and where it comes from
- Prior conversations about the same issue, with dates
- The employee's response
- What needs to change, by when, and what support you will provide
- What happens next if it does not improve
- Signatures, or a note that the employee declined to sign
An employee's signature means they received it, not that they agree. Say that on the form.
Progressive Steps, Clearly Labeled
Most issues follow a path: a documented coaching conversation, a written warning, a final written warning, then termination. Serious misconduct can skip steps, and your handbook should say so. Whatever path you use, label each step clearly so there is no question later about whether the employee knew where they stood.
When to Bring in HR
Before a written warning, before any termination, and any time an employee mentions discrimination, harassment, a safety concern, a medical condition or a leave request. Those situations change the risk entirely, and the timing of the next step matters.
Where King & Co. Helps
We coach managers through difficult conversations, review documentation before discipline or termination, and run workplace investigations when something more serious comes up. Billing is hourly, so you can call for one hard situation without a retainer.
- Employee relations and investigations
- What your employee handbook should do
- Free employee termination checklist
This guide is general information, not legal advice. Book a free 15-minute call before your next hard conversation.
Josh runs HR, payroll and PBJ support for employers across New England and New York, from five-person offices to multi-building nursing home groups. He works in every major payroll system and answers the phone personally.
Book 15 minutes with Josh