As education and employment lawyers, we experience schools'
collective challenges at a far greater rate than any individual
institution. This year, the issue that schools have struggled with
most is the failure to document employee-performance challenges,
leading to a higher risk in making nonrenewal or separation
decisions for employees with substandard performance or poor
behavior. This article outlines the concerns and steps schools
should take in preparation for the next school year.
Problems With Lack Of Documentation
By far the biggest challenge of most educational institutions is
the failure to document performance and behavior of its employees.
This seemingly mundane, unimportant process often results in
schools paying substantial amounts to former employees for claims
that the school is left largely unable to defend, at least without
expending substantial amounts in fees.