If at all possible, a management representative should be designated to coordinate or monitor this area for all employees. Managers and supervisors should be trained to document employee discipline and performance when a problem first arises. With the proper framework in place, the once tedious process of documenting employee discipline and performance can be streamlined. The proper framework can also add consistency and uniformity to the process. Consistency is critical in making fair employment decisions and, if necessary, defending those employment decisions in court.
Consistency means documenting infractions for known problem employees as well as model employees.
For example, if the employer strictly enforces a tardiness policy for the problem employee who falls within a protected class but not for the model employee who does not fall within a protected class, then the employer could face a discriminatory treatment claim. In other words, be consistent with all employees. Generally, employers should insist that employees sign an acknowledgment when they are disciplined or warned about an employment policy. If the employer decides to discharge that employee for a subsequent infraction, the employer then has documentation to prove that the employee was specifically warned but chose to continue engaging in the prohibited activity. If an employee refuses to sign an acknowledgment, the employer can discharge the employee for insubordination.