How to Document Workplace Issues

Struggling with workplace allegations? A wrong move in handling can be expensive. Here are 6 steps to navigate workplace allegations. 1. Immediate acknowledgment and documentation → Record all details, including dates, times, and witnesses → Document the complaint as soon as it's received → Confirm receipt to the employee in writing 2. Maintain strict confidentiality The integrity of the process depends on privacy. → Secure all documentation related to the case → Remind all parties about confidentiality requirements → Share information only with those who need to know 3. Conduct a thorough investigation Your response must be systematic and unbiased. → Document every step of the investigation process → Collect and review any supporting evidence → Interview all relevant parties separately 4. Implement interim measures Protect all parties while the investigation is ongoing. → Prevent any potential retaliation → Maintain open communication channels → Consider temporary workplace adjustments 5. Take appropriate action Base your decisions on investigation findings. → Ensure actions align with legal requirements → Document all decisions and their rationale → Follow company policies consistently 6. Follow-up procedures The process doesn't end with the investigation. → Monitor the situation after resolution → Check in with involved parties regularly → Address any emerging concerns promptly Remember: Your response to workplace allegations sets the tone for your company culture. Are you handling these situations with the care and professionalism they deserve? Or are you risking your company's reputation and employee trust? Because when you manage allegations properly, you protect both your people and your business. The right procedures today prevent bigger problems tomorrow. If you’re a small business owner and want to see more HR-related content, visit my profile and ring my 🔔 - I post daily.

Employers, I and every other management side lawyer urge (really, beg) you to document performance or conduct issues you have with an employee before you fire them. I say this to clients all the time—if it is not in writing, it doesn’t exist. One recent case out of the U.S. Court of Appeals for the Fourth Circuit serves as a stark reminder of the consequences of failing to properly document a termination. Here's what happened: despite years of positive performance reviews, the employer fired the plaintiff, a Black woman, after a series of alleged performance issues, primarily driven by one manager, the chief quality executive (let’s call him the CQE). The CQE compiled a list of alleged performance issues but never shared this list with the plaintiff. He seemed to have a personal vendetta against the plaintiff, treating her differently from his other employees—none of whom were Black and nearly all of whom were men. While the district court initially granted summary judgment in favor of the employer, the Fourth Circuit had other ideas. They vacated, finding that there were numerous material factual disputes that needed to be resolved by a jury. The factual disputes were many. First, the corporate representative admitted that there was no evidence to support several of the allegations. Second, during her seven years of employment, the company never disciplined the plaintiff. In fact, she did not receive a single warning at all before the CQE’s list of problems. Third, the employer’s performance improvement policy required progressive discipline. And, guess what? The CQE did not follow the company’s policy, thereby undermining the termination decision as a nondiscriminatory one. Further, the employer providing different bases for the plaintiff’s termination at different times. This inconsistency in the basis for the plaintiff’s termination suggested that the reasons were pretextual, and, indeed, the total lack of documentation made it difficult for the employer to justify the termination as a legitimate, nondiscriminatory one. You can guess the takeaways here, right? ⭐️ Document Everything: maintain detailed records of performance issues, disciplinary actions, and the reasons for termination. Ensure that these records are accurate, consistent, and shared with the employee when appropriate. ⭐️ Follow Your Own Policies: adhere to performance improvement and disciplinary policies. Skipping steps or ignoring the policy can lead to legal challenges, as it did here. ⭐️ Refrain From, You Know, Actually Discriminating: treat employees fairly and equally. Discriminatory comments and actions, even if made years before a termination, can be used against an employer in court. Proper documentation helps demonstrate that the termination was based on legitimate reasons and not discriminatory motives. While I could provide you with four or five more tips, remember this one: document legitimate, nondiscriminatory reasons for termination. Always.

After investigating an employee complaint, the investigator, usually HR, should document his or her actions taken and conclusions regarding the complaint raised. In drafting the investigation report, be mindful that: 1) The report needs to be understandable by someone who doesn’t know your company or these people. 2) You should identify people by their full name and job title when first mentioned. 3) Using too many pronouns can be confusing. Be clear who is being talked about. 4) Using full dates, including the year, even if you think it should be obvious, makes the timeline clearer. 5) You shouldn't make the reader guess what’s going on – put all of the information about the situation on the page. Try reading a "finished" report from the viewpoint of someone who knows nothing about it. Coordinate with counsel to help make sure that the document protects the company. Do that. #business #humanresources #employmentlaw #employmentlawyers #DevLInTheDetails

Management tip 9/13: Write it down The question I end up asking a manager (or three) at least once a week? "did you document it?" Common scenario: employee shows up late for the second time to a client call. This employee has been struggling with performance since joining six months ago. Manager, who is getting tired of this, reaches out to me asking what can be done. They've given them feedback (so they say) but the employee hasn't changed their behavior. There's my cue: "Did you document that conversation?" Without writing it down and sharing it with the employee, you have no pattern to reference, no clear timeline of interventions, and no evidence if the situation escalates. The employee can claim they were never told about problems, and you have no evidence to the contrary. Even more importantly: often managers think they've said one thing and the employee hears another. Writing it down and sharing it means it's crystal clear and employees have their best shot at improving. 🌟 Documentation isn't punitive - it's clarifying. When expectations are written down, good employees can course-correct. Poor performers can't claim ignorance. More in the comments on what to include when documenting feedback ⬇️