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Documentation That Holds Up Under Scrutiny

The HR Investigations Podcast Episode Summary Bad documentation can destroy even the strongest investigation outcome. In this episode, we explore why documentation is the backbone of any HR investigation and exactly what makes attendance and discipline records defensible under scrutiny—from EEOC investigations to court depositions. We break down best practices, common credibility killers, real-world examples of good vs. bad documentation, and coaching tips to help managers and investigators get it right every time. Key Takeaways • Documentation isn’t supplemental—it is the case. • Good documentation is timely, factual, objective, specific, and consistent. • Avoid subjective language (“lazy,” “bad attitude,” “always,” “never”)—it signals bias and invites legal risk. • Write every note as if a third party (judge, investigator, or opposing counsel) will read it without any context. • Timeliness matters: Document within 24 hours to avoid claims of retaliation or pretext. • Include the employee’s explanation, policy references, and next steps to demonstrate fairness. Episode Highlights & Examples What Good Documentation Looks Like • Use concrete, observable facts: dates, times, locations, exact behaviors, witnesses, and outcomes. • Structure notes with the STAR method (Situation, Task, Action, Result). • Strong Example – Attendance Issue“On January 15, 2026, John arrived at 9:45 AM (scheduled start: 8:00 AM), without prior notification. This is the third unexcused late arrival in the past two weeks (previous dates: January 3 and January 10). I met with John at 10:00 AM. He stated traffic was heavy. I reminded him of the attendance policy (reviewed in onboarding on [date]) and offered flexible start time coaching if needed. Next occurrence may result in formal discipline.” What Ruins Credibility • Subjective/judgmental words: “lazy,” “insubordinate,” “bad attitude,” “not a team player.” • Exaggerations: “always late,” “never completes work.” • Late write-ups: Writing notes weeks or months later looks like pretext. • Emotional or inflammatory language: “This is unacceptable behavior,” “You should know better.” • Weak Example – Performance Issue“Sarah has a terrible attitude and is always slacking off. She’s lazy and doesn’t care about the team.” → This version is pure opinion and would immediately raise red flags in any investigation. Writing for a Third Party • Ask yourself: Does this note stand alone? Would it survive EEOC review or deposition? • Strong Discipline Example – Safety Violation“On February 5, 2026, at 2:30 PM in the warehouse, Employee Tyra Simpson was observed not wearing required PPE (hard hat and safety glasses) while operating forklift, per company safety policy (Section 4.2, trained on [date]). Witness: Supervisor Sarah Herman. I spoke with Employee Tyra at 3:00 PM; they acknowledged forgetting. I provided refresher training and issued verbal warning. Further violations will result in written warning or suspension.” Coaching Tips for Managers & Investigators • Document the same day—ideally within 24 hours. • Use this checklist before finalizing notes: • Is it timely? • Are all facts verifiable (dates, witnesses, documents)? • Have I avoided opinions, absolutes, or emotional language? • Did I include the employee’s side of the story? • Does it reference the specific policy and outline clear next steps? • Train teams to write as if the note will be read by someone who has never met the employee. Closing Thought If your documentation doesn’t clearly tell the story, someone else will—whether that’s an employee’s attorney, an EEOC investigator, or a judge. Bulletproof records protect your decisions, promote fairness, and help employees improve. Resources  Book: How to Conduct Internal Investigations: A Practical Guide for Human Resource Professionals Available now on Amazon This book provides step-by-step guidance, real-world examples, and best practices for conducting defensible workplace investigations. Upcoming Virtual Workshop: How to Conduct Internal Investigations: A Practical Workshop for HR Professionals February 17–18 11:00 AM – 5:00 PM ET Live, 2-day virtual format This hands-on workshop is designed for HR professionals who want practical tools—not theory. We cover intake, planning, interviews, documentation, credibility assessments, and investigation findings, with real-world scenarios throughout. If you’re responsible ...