Employers are familiar with the importance of documenting performance problems. Performance documentation is a critical part of managing employees, providing feedback, and creating a record for promotion or position changes, changes in pay, schedule changes, and layoffs. An accurate record of performance problems greatly assists employers (and their counsel) in defending decisions to take disciplinary action based on poor performance when that employee later complains that a decision was unfair, illegal, or discriminatory. However, an employer’s human resources representative is not usually on the front lines of this task. Busy supervisors are the ones typically responsible for documenting employee performance issues and providing feedback.
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