Top 6 Documentation Mistakes In Employment Litigation

Law360, New York (September 30, 2013, 5:52 PM EDT) -- Employment litigation is time-consuming, expensive, stressful and unpredictable. Even though many cases can be dispatched at the summary judgment stage, the process is inherently challenging because the pivotal issue is typically the employer's reason for taking (or not taking) some action.

Whether the challenged action was a termination, disciplinary warning, promotion, demotion, reassignment or something else, a supervisor's documentation can go a long way toward helping employers avoid the disruptions, costs and uncertainties of going to trial.

First and foremost, effective documentation helps establish the key facts underlying its decision. The documentation can demonstrate, for example, what a plaintiff did or...

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