How should a termination be documented?

Any documentation that was used to support the discharge should be gathered and examined. This includes:

• time sheets

• sign-in sheets

• performance appraisals

• memos of disciplinary meetings

• formal warnings issued during progressive discipline

• statements from witnesses gathered during the investigation

• customer complaints and copies of relevant disciplinary rules.

In addition to all of the documentation gathered or generated in order to decide to terminate an employee, be sure that you:

• include in the personnel file a summary of the termination meeting and any input or reaction from the employee

• include all documentation generated by the exit process, such as:

1. exit interview form

2. termination notice or equivalent to payroll

3. agreements or releases

4. letters, documents or related items.

File the information in the personnel file. If you feel you should preserve the personnel file longer than the normal record retention period, be sure to change the process to ensure different timing on the record retention schedule.

Tips. Remember that everything in a personnel file will be subject to a subpoena. If there are documents you wish to keep absolutely confidential, you may be able to do so by giving them to your attorney. You may have to testify as to what you know that is contained in the documents.