Proper documentation of employee disciplinary actions is extremely important, regardless if the disciplinary action results from a violation of a major work rule or policy or from incidents that the employer perceives as less significant. Employers that do not document disciplinary actions regardless of their significance will have a much harder time defending disciplinary terminations if legally challenged with a claim of discriminatory or wrongful discharge.

There is really no recommended format for documenting disciplinary actions, nor must doing so be a complex or time-consuming process. Documenting disciplinary actions simply means writing down events as they took place.

Disciplinary documentation may be as formal as using a Disciplinary Record or as informal as making notes on a legal pad or a piece of scrap paper. However, it is important to document events while they are still fresh in the mind of supervisors or managers.

Many employers find it necessary not only to document employee performance or disciplinary issues but also to train managers and supervisors regarding company policies and procedures.

Employers should stress the importance of documenting inappropriate conduct that is observed and what disciplinary action was taken as well as dates, times and places. Remember that many documents may be rendered useless as a defense mechanism if not properly dated, etc.

While some employers prefer extensive reports on each incident including possible witness statements and any available supporting evidence, others may require only a simple hand-written format. Keep in mind that it is not the actual format of documentation that is of importance but rather that events are properly documented.