You've heard it one hundred times; you know it like the back
of your hand. If the key in real estate is location, location,
location, the key in employment is documentation, documentation...
well, you get it. But I know you don't like it. In working with
employers faced with a difficult employment situation, the first
thing the attorney wants to see is the documentation. Clients tell
me they find this confusing, especially for those who are
"at-will" employees because "can't we fire those
employees for any reason or no reason as long as it isn't an
illegal reason?" Of course you can!
However, in a worst case scenario, three years later, what is
the jury going to believe: a witness who is now a former employee
herself and has a bit of a grudge or a well-documented pile of
unemotional paper that was written at the time, detailing the
concerns with the employee's poor performance? Documents are
powerful when they tell the employer's story by showing the
employee was
