Tuesday, May 09, 2006

Documenting Performance Problems

The New York Employment Law Letter has a great article on the importance of documentation.

An excerpt:

When Slip testifies at trial that Suzy was late a lot, too, you can scream, "Liar!" and then, in response to cross-examination, help prove his case by stating, "Yes, other people were late, and yes, Slip was the only person who I kept records on, and yes, he was the only disabled person in the department."

Alternatively, you could blow Slip's case out of the water by saying, "Suzy was late 10 times but never by more than two minutes. Slip was late 20 times, and on 19 of those occasions, he was over 20 minutes late. There's no comparison." Needless to say, the latter type of response tends to be more effective.

Read it all here.

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