When it comes to managing employees effectively and mitigating risk, few tools are as powerful—and often overlooked—as proper documentation. Whether you’re addressing performance issues, managing leave, or enforcing company policies, clear, consistent documentation is essential for both day-to-day operations and long-term protection.

At Eckberg Lammers, P.C., we regularly advise organizations on how to create and maintain documentation that not only supports their decisions but also stands up under scrutiny if challenged.

Why Documentation Matters

From an HR and legal perspective, documentation serves two critical purposes: communication and protection.

1. It communicates expectations, feedback, and decisions to employees in a clear and formal way.
2. It protects your organization by providing a written record that supports employment actions, demonstrates compliance with laws, and helps prevent or defend against legal claims.

When documentation is missing, inconsistent, or poorly maintained, it leaves organizations vulnerable—to miscommunication, claims of unfair treatment, lack of consistency, employee turnover, and potential legal liability.

Common Scenarios Where Documentation Makes a Difference

• Performance Management: Consistently documenting performance concerns, coaching conversations, and improvement plans creates a fair and transparent process for employees that allows for them to understand expectations and provide the ability to succeed—and provides crucial support for future employment decisions.
• Leave Management: When employees request time off under laws like the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), Minnesota Earned Sick and Safe Time (ESST), Minnesota Pregnancy and Parental Leave (MPPLA), etc., documentation is key to tracking timelines, accommodations, and communication.
• Disciplinary Actions: Without documentation, disciplinary actions can appear arbitrary. A well-documented process shows that expectations were clearly communicated, employees had an opportunity to improve, and decisions were made fairly.
• Policy Enforcement: When company policies are applied inconsistently or without proper documentation, it can lead to confusion, employee dissatisfaction, or even claims of discrimination.

Best Practices for Effective Documentation

Not all documentation is created equal. In fact, poor documentation can very quickly negatively affect an organization. To be effective, it should be:

• Timely: Don’t wait days or weeks to document important events. Do it as soon as possible while the details are still fresh.
• Objective: Stick to the facts—avoid opinions, assumptions, or emotional language.
• Consistent: Apply the same documentation practices across departments and employee levels.
• Aligned with Policy: Your documentation should support and reflect what’s outlined in your employee handbook and policies.

And perhaps most importantly: documentation shouldn’t be viewed as punitive—it’s a best practice that supports transparency and accountability at all levels of the organization.

Remember, if your organization is ever involved in litigation, any documentation not covered under a privilege such as attorney client privilege, could be subject to disclosure. Companies should set clear expectations for how any Company electronic communications services are used.

Documentation as a Leadership Tool

At its best, documentation is not just a defensive measure—it’s a leadership tool. When managers are trained to document effectively, they’re more likely to communicate clearly, give meaningful feedback, and make thoughtful decisions.

That’s why we include documentation training as part of our hard skill development sessions at Eckberg Lammers. We help managers understand not only how to document, but why it matters—giving them tools that support both their teams and the organization.

Ready to Strengthen Your Documentation Practices?

Whether you need manager training, policy review, or help building documentation templates that actually get used, we are here to help. Good documentation does not have to be complicated—but it does have to be intentional.

Let’s talk about how your organization can improve communication, reduce risk, and support better decision-making through smarter documentation practices.

Contact us today!

(651) 439-2878

contact@eckberglammers.com