The Documentation Expectation — Tip of the Week
You’ve grown accustomed to employment lawyers preaching the necessity of having good documentation. It helps with the defense of a case. It refreshes the memory of key witnesses.
This week’s tip deals with another reason for documentation these days. It’s absolutely expected. It’s expected by the Equal Employment Opportunity Commission (EEOC). It’s expected by the Department of Labor (DOL). It’s expected by any state or federal agency with which you’re dealing. It’s expected by a judge.
Perhaps most importantly, it’s expected by a jury. People who serve on juries are employees. They have personnel files. They’re accustomed to seeing documentation at work. If you don’t have it, the jury is likely to think there’s something wrong with you, which means the jury may very well think there’s something right with the employee’s lawsuit.
About Chris Parker
Chris Parker's practice focuses on the representation and counseling of companies in matters pertaining to the workplace and the protection of their intellectual property and trade secrets. In addition to serving as an advocate for clients, Mr. Parker is also trained as a mediator and frequently serves as a third-party neutral.
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About Jimmy Daniel
Jimmy Daniel provides counseling to businesses of all sizes related to the employment relationship. He assists in the drafting of employment agreements, policies, and handbooks, as well as provides guidance related to compliance with federal, state, and local legislation such as the Fair Labor Standards Act and the Family and Medical Leave Act.
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About Larry Bridgesmith
While serving in an Of Counsel relationship with the firm, Mr. Bridgesmith also serves as the Executive Director at the Institute for Conflict Resolution at Lipscomb University and as an officer and principal in Strategic Resolutions Group, LLC. In these roles, Mr. Bridgesmith brings over 30 years of legal experience in dispute resolution and innovative workplace strategies to clients, students and business entities alike.
Read more about Larry Bridgesmith