Three Steps To Creating Essential Employment Documentation

One of the first things employment attorneys do when assigned a new litigation matter is request documentation from either their client or opposing counsel, depending on whether they represent the employer or employee. From a defense standpoint, certain documentation is reviewed in every case, namely, the employee's personnel file and the employee handbook.

When routinely evaluating these documents, recognizing what constitutes good vs. bad documentation (i.e., good vs. bad evidence) becomes second nature. While this will not come as much of a surprise, situations that are well-documented, and employee handbooks that are kept in compliance with federal, state, and local law, can significantly influence the outcome of a case. This post will discuss some best practices employers can follow to ensure optimal documentation for potential later use in litigation.