Keith Clouse, a Texas labor and employment law attorney, frequently advises employers about compliance with federal and state employment laws as well as the best practices an employer should use to avoid legal trouble. Often, employers encounter difficulty defending themselves in lawsuits with former employees because they fail to adequately document disciplinary issues.
Mr. Clouse believes that documenting disciplinary issues protects a company. Doing so provides solid evidence of facts, observations, and evaluations. For example, an employer who documents attendance issues would have proof that an employee was admonished on 2/15, 2/18, and 2/27 regarding tardiness because she arrived 15, 12, and 23 minutes late on those days. This concrete evidence is far more persuasive to a jury than a manager who simply states in a deposition that he talked to the employee several times about getting to work on time.
An employer should document a disciplinary incident as soon as possible. The record should be written clearly and objectively. It should include the names of the parties involved, the date of the event, the date the documentation was written, the type of violation, and any other pertinent details. To promote consistency, some employers utilize standard forms for all managers to use when disciplining employees.
Press Release Contact Information:
KEITH A. CLOUSE
Clouse Dunn LLP
214.220.3833 ( fax)