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Employers Should Document Employee's Shortcomings in Discipline Reports

08/17/2009 // Attorney Keith Clouse

Many supervisors dislike writing discipline reports; some believe these reports are a waste of time. Yet, as Dallas employment law attorney Keith Clouse explains, documenting an employee’s shortcomings serves multiple purposes.  First, a discipline report can assist an employee in focusing on and improving problem areas.  Second, a discipline report can provide a precise account of the events leading to a disciplinary action (including a termination), even if significant time has elapsed or if the decision-maker is no longer with the company.  This information could become vital evidence if a former employee later challenges an employer’s termination decision in a lawsuit or a claim for unemployment compensation. A written discipline report should specifically describe the problematic behavior, the steps previously taken to correct the behavior, the steps the employee must take to improve, and the consequences if the employee fails to improve.  The report should not contain criticisms or opinions, but should simply relate the facts.  For example, instead of stating that an employee “is always late,” a supervisor should state that an employee “reported for work 10 minutes late on June 12th, 13 minutes late on June 23rd, and 9 minutes late on June 25th”. To ensure that a discipline report is factual and bias-free, another supervisor or human resources representative should review the report before the supervisor presents it to the employee. If you would like to discuss an employment law issue with an employment law attorney, please contact the employment lawyers at Clouse Dunn Khoshbin LLP at info@clousedunn.com.  

Contact Keith Clouse

KEITH A. CLOUSE

Clouse Dunn LLP

214.220.2722 214.220.3833 ( fax) keith@clousedunn.com

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