Picture this: a teacher with serious misconduct allegations is reinstated with full back pay. Not because the allegations weren’t serious—they were. But because the school district’s documentation had gaps. Missing signatures. Procedural shortcuts. Incomplete hearing records. In School District of Philadelphia v. Ellis Jones, the lesson was crystal clear: perfect documentation beats imperfect allegations every time.
This scenario keeps HR professionals and public sector managers up at night, and for good reason. In employment decisions, your documentation isn’t just a formality—it’s your first line of defense. But creating defensible documentation is both an art and a science, requiring a careful balance between thoroughness and precision.
The Foundation: Getting Back to Basics
At its core, effective documentation comes down to the journalist’s tried-and-true method: the 5 W’s. Who was involved? What exactly happened? When did it occur? Where did it take place? Why does it matter? These seemingly simple questions form the backbone of documentation that can withstand scrutiny in hearings, investigations, and litigation.
But here’s where many organizations stumble: they confuse conclusions with observations. Writing “Employee was insubordinate” tells you nothing. Writing “When asked to complete the report, employee said, ‘That’s not my job’ and walked away” tells you everything. The difference between these two approaches can mean the difference between a defensible termination and an expensive reinstatement.
The Before, During, and After Framework
Think of documentation as having three critical phases.
Before incidents occur, the groundwork matters. Clear performance standards in writing. Well-defined job descriptions. Documented expectations. This preventive documentation creates the baseline against which all future performance is measured.
During incidents, timing is everything. The “same-day documentation rule” isn’t just a best practice—it’s a credibility saver. Document within 24 hours while memories are fresh and details are specific. Waiting three weeks to document a serious violation raises serious questions about whether the behavior was truly problematic.
After incidents, follow-up documentation closes the loop. Did the employee improve? Did problems persist? Were resources offered? This ongoing narrative demonstrates that discipline wasn’t arbitrary—it was part of a consistent, well-documented performance management process.
The Traps That Catch Even Experienced Managers
One of the most common pitfalls is what we might call the “Star to Termination” timeline. January: “Exceeds Expectations” review with 4.2/5 rating. March: “On track for promotion.” July: Terminated for performance. This pattern is an employee-side attorney’s dream. The solution isn’t to give bad reviews dishonestly—it’s to document both strengths and areas for growth consistently, even when overall performance is good.
Then there’s the email trail that backfires. That casual text saying, “No worries about being late—traffic was brutal!” seems harmless until it’s placed next to the termination notice for another employee’s tardiness. Inconsistent treatment revealed through your own documentation is remarkably difficult to explain away.
Why This Matters More in the Public Sector
For public agencies, the stakes are even higher. Your documentation must navigate union requirements, civil service rules, Skelly rights for permanent employees, and special protections for public safety personnel under POBR and FBOR. Add to that the reality that every document you create is potentially a public record, and the complexity multiplies.
The key? Write every document assuming it will be read aloud in a hearing, published in the newspaper, and scrutinized by multiple reviewing bodies—because it might be.
The Bottom Line
Effective documentation isn’t about creating more paperwork—it’s about creating the right paperwork. It’s the difference between a defensible decision and an expensive mistake.
To learn more about documenting employee performance and building defensible paper trails, join us for our live presentation at CALPELRA on November 20th, where Christina Dixon will be presenting with Jennifer Shaw. We’ll dive deeper into practical tools, real-world examples, and the strategies that safeguard an employer’s employment decisions.