There are two kinds of documentation: good and bad. And small changes can make the difference between the two.

Employment-law attorney Penelope Phillips says if you can just convince your managers to avoid four common errors, you’ll be miles ahead of a lot of other companies when it comes to effective documentation.

1. Flat “because” statements that can’t be backed up by fact.
Example: “Bob showed up late because he was drunk.”
Problem: Unless someone took a blood-alcohol level test, there’s nothing to back up the statement.
Fix: “Bob showed up late and appeared to be slurring his words when he spoke.”

2. Criticisms that amount to opinions.
Example: “You have a bad attitude about deadlines.”
Problem: How do you define “bad attitude”?
Fix: “You missed three deadlines this month.”

3. Unnecessary statements
Example: “I may not approve of your lifestyle, but that has no bearing on the dispute.”
Problem: Then why mention it?
Fix: “Here are your performance- and behavior-related deficiencies.”

4. Drawing legal conclusion or condemnations
Example: “You sexually harassed Carol three times.”
Problem: That implies a level of guilt that can be verified only by a proper investigation or admission by the charged employee.
Fix: “Carol complained three times that you spoke to her or touched her in an inappropriate way.”

(Based on a presentation by Phillips at the Upper Midwest Law Institute)

Tags: alcohol, attitude, documentation, penelope phillips, performance