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Keep good records–they’re the key to winning lawsuits

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in Leaders & Managers,Performance Reviews

Remind supervisors: They can’t be careless about documenting poor performance, tardiness and other indications that an employee isn’t performing as well as expected. Good records provide the basis for valid discipline.

Recent case: Sandra Clark claimed she was terminated “for no reason” except perhaps that her supervisor was “intimidated” by her credentials and experience.

Company records painted a different picture—that of an argumentative, chronically tardy and insubordinate employee.

The court tossed out the case because Clark couldn’t come up with anything to counter the company records or to show that someone outside her protected class was treated better after similar workplace problems. (Clark v. Sewritas Security Services, No. 08-6356, DC NJ, 2010)

Final note: Remember to treat everyone equally. Resist the temptation to pile on trivial charges to “get” the employee.

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