Why is documentation important in the termination process?

This is especially important when termination is involved. Documentation provides a record that supports and substantiates the action, making personnel decisions less subject to legal challenge and, when challenged, easier to defend. If an organization's documentation is not timely, accurate and written, the organization may lose.

Employer policies were followed. Documentation can indicate that an employee knew the policy existed and can show whether the manager warned the employee about violating the policy. Also, it can indicate whether there were any mitigating circumstances and whether disciplinary policies and procedures were followed.

Documentation can show that there was a valid business purpose for the termination, as well as show that the action does not violate any law, policy or employment agreement. Support will be in the employee's overall personnel record for the disciplinary decision.

Treatment was evenhanded. Documentation can provide evidence that employees who have engaged in similar conduct were subject to similar discipline, thus supporting the position that an employee's protected status --race, color, religion, sex, national origin, age, disability, etc. --had nothing to do with the decision to terminate.

This is really the bottom line --documents are evidence that can absolve you and the organization from liability. 

Reprinted with permission. © CCH