Nobody wants to deal with an unfair workplace. But if you find yourself there, you need to protect yourself. The last thing you need is to lose your case because you didn’t keep the proper documentation.
The majority of employees who have suffered from workplace problems made one fatal error. They didn’t document the case against them.
When you don’t have anything to show besides your word and the other person’s, the cases turn into “he said, she said.” And as we all know, who usually wins these cases?
We’re going to show you why documenting a workplace problem is the most important step. But not just in any form.
The employees who win cases are the ones who documented everything from the very beginning. In fact, we’re going to give you a complete guide on how to do that. There is a complete guide on how to keep evidence that’s hard for the other party to dispute.
In This Article
- Why Documentation Is More Important Than You Think
- The Right Way to Document Your Workplace Problem
- The Evidence You Need to Document Your Workplace Problem
- Mistakes That Kill Cases
- When to Take Action
Why Documentation Is More Important Than You Think
We have a shocking statistic for you…
In 2024, the EEOC received over 88,000 discrimination charges by itself.
Now here’s the problem:
A lot of these cases are dropped or lost because the employees cannot provide any proof. The main foundation of a successful workplace dispute complaint is documentation. In case you didn’t notice, you have to have evidence to back up your statements.
Documentation in an unfair workplace is a game-changer. With a proper record of all the events, you will be able to show the patterns of behaviour. You will also be able to prove the timeline of events. This will get you a lot of credibility in the most important moments.
Even a California employment attorney will only be able to work with what evidence you have to support your case. The more detailed your documentation of the workplace issue is, the better are your chances to win.
Put it this way:
Would you want to go into a meeting with HR with a stack of dated and detailed records? Or would you rather try to recall every detail from your memory?
We know the answer to this one.
The Right Way to Document Your Workplace Problem
Documentation is a crucial step, but it’s not just writing things down. You need to create a proper record that no one can disprove. In order to do that, here is the right way to document workplace issues.
1. Keep a detailed incident log. Whenever something happens, write it down right after it does. Memory is not a reliable source of data, so the sooner you document an incident, the better. Your incident log should contain:
- The date and time of the incident
- The location
- The parties involved
- Exact quotes of what was said or done
- Witnesses
- Impact
2. Keep everything in writing. If you discuss something verbally, it’s difficult to prove it. When possible, follow up every verbal discussion with an email that will summarise what was said.
For instance, after a meeting with your manager about a complaint you made, write an email that will say: “Just to summarise our conversation today, you told me that…”
This will create a paper trail and it will allow the other party to correct any potential misunderstandings.
3. Use your personal devices and accounts. You should never store sensitive documentation on your company’s computers or your work email. These things can be accessed by your employer at any time. Use your personal devices and your private cloud instead.
The Evidence You Need to Document Your Workplace Problem
Good documentation goes beyond writing things down. You need to back up your documentation with supporting evidence.
1. Save all relevant communications. This can be emails, text messages, Slack conversations, voicemails, and anything else. Screenshot them and save them in a safe place.
2. Keep copies of all important documents. Performance reviews, job descriptions, company policies, written warnings, and anything else that can show that you are being treated differently should all be saved.
3. Note all witnesses. Write down names of all the witnesses that saw or heard the event. Witnesses are the most crucial third-party verification.
4. Keep track of patterns. Workplace discrimination and retaliation often don’t happen in one single incident. Are things happening after you complained? Are you being treated differently than the rest of your colleagues?
The key word here is retaliation. It is a huge issue in the workplace. In 2024, nearly 48% of all EEOC claims were retaliation charges. That’s why documenting the timeline of events is crucial when it comes to proving retaliation.
Mistakes That Kill Cases
We know that a lot of well-meaning people have made some serious documentation mistakes. These mistakes have killed their cases, and we will ensure that you don’t do the same.
- Don’t wait to document an incident. The best time to document is right after the incident occurred. Fresh documentation will be trusted more than the ones that were recalled months later.
- Don’t be too vague in your descriptions. Writing “my manager was mean to me” is not helpful. Write down exactly what was said and done. Exact details of the event will make your documentation credible.
- Don’t vent, document. Your documentation should be factual and professional. Don’t write an emotional rant, or it will undermine your credibility.
- Document negative and positive incidents. Don’t only document the negative things that happened to you. Document positive interactions and normal workplace happenings as well. It will show that you are objective.
- Don’t use company resources. Never assume your work email or computer is private. Employers can access everything that’s on their systems.
- Back up your records. Store the copies in multiple places. Use cloud storage, email backups, and printed copies that you can store at home.
When to Take Action
Documentation is powerful, but it’s only the first step. It is just as important to know when and how to use your documentation.
- Start documenting as early as possible. Document from the first signs of trouble. Early documentation shows you were concerned about the issue from the very start.
- Go by your company’s procedures. Every company has a formal complaint procedure. Use it and document each step. This will show that you gave your employer a chance to fix the problem.
- Know your deadlines. A lot of workplace claims have strict deadlines for filing a complaint. If you miss those deadlines, your case will be lost, no matter how strong it was.
- Consult with a professional. Once you have solid documentation, you should start considering a consultation with an employment attorney. They will be able to look through your records and let you know what to do next.
The Bottom Line
Documenting workplace issues is not paranoid. It is a step towards protecting yourself from a situation where you might need to provide proof of what actually happened.
The employees who are successful in resolving their workplace dispute cases are almost always the ones who have kept good documentation. They have dates, times, witnesses, and evidence that backs up their claims.
Start documenting today. If you don’t have to use it, it’s just an added protection and peace of mind for you.
Simple as that, right?
To recap quickly:
- Document every incident right after it happens. The more specific details, the better
- Store all of your records on personal devices, not on company ones
- Save all of the communications and any relevant documents
- Keep an eye on patterns, note any witnesses
- Avoid the mistakes that undermine your credibility
- Don’t hesitate to take action when it’s necessary
The workplace isn’t always a fair place. But you can at least level the playing field with proper documentation and protecting your rights that way.