- The importance of documentation
- The six rules of documentation
- When and how to document
- How to build and maintain credibility
Legal Documentation Techniques: If it Wasn’t Documented, it Didn’t Happen
Good documentation just doesn’t happen by accident. Left to our own devices, many of us probably think we have better things to do than write down what the weather was that day, fill out the performance log or, dare I say, update the schedule. After all, there’s work to be done. However, it only takes one time in litigation to change that mindset. In addition, the reality of a dispute resolution forum is that who’s right and who’s wrong may not determine who wins the case. It can come down to who can present the best documents to support their case.
Here’s a typical scenario: An issue arises with an employee. A couple of meetings take place and the positions are laid out. The resolution doesn’t occur and tempers may flare. What happens next? Usually, a letter-writing campaign ensues. The manager and the employee state positions and fingers get pointed. It turns into he said/he said situation.
Sometimes, the situation is even reviewed by counsel (a good idea, by the way, if the stakes are high and relations strained). Every document may be read by someone. It’s important that we think of third parties that might eventually read our documents and what would they say? Think of the old cliché, “timing is everything.” It’s true in the case of documentation. It’s important that everyone be timely with all forms of correspondence. Review the policies, the handbook, and any updated procedures
Webinar
Jan 01 2026, Thursday
01:00 PM EDT
60
Minutes
Intermediate Level
Code: GRC0000356
Anyone who is responsible for human resource records will benefit from this webinar.
- Directors of Human Resources
- Managers of Human Resources
- Employee Relations Specialists
- Human Resource Generalists
An employee's record of documentation is a written account of his or her actions, discussions, performance coaching incidents, witnessed policy violations, disciplinary action, positive contributions, reward and recognition, investigations, failure to accomplish requirements and goals, performance evaluation, and more.
Maintaining these records allows the employer and employee to preserve a written history of the happenings and discussions that occurred around a specific event. Documentation of the employment relationship provides a written record that may be necessary to support such actions as employee promotion, employee pay raises and disciplinary action—including employment termination. Your credibility as an employer and as an HR professional is largely dependent on keeping and maintaining accurate documentation.
There are new approaches to behavioural interviewing that are more effective, but interviewers must continue to take car...
By MICHAEL DEBLIS
The unique exposures related to the remote work environment involved wage and hour compliance, disability accommodation,...
By MICHAEL DEBLIS
Employers throughout the United States are faced with rapid and increasing changes and developments in the area of emplo...
By MICHAEL DEBLIS
“The future belongs to individuals and companies who embrace the entrepreneurial spirit, whether that is inside or...
By A properly-composed JHA/AHA is one of the primary documents that large clients are increasingly asking to review in adva...
By DAN SCUNGIO
Skills-based hiring has been a topic of interest for many businesses and governments for the past few years. But even as...
By MARK SMITH