Hotel & Motel Management - March 17, 2008 - (Page 8) 8 Legal FAQ IN THE details Tips for documentation Record everything Stick to the facts Be respectful By Samantha Martinez H&MM Columnist H&MM March 17, 2008 | HotelMotel.com www.HotelMotel.com/digital_edition Ten tips for documenting personnel issues Q What are some good tips for documenting personnel issues? 1 to document even vermoments Document every counseling. You should take a few cord of counseling should state, at minimum: the date of the incident, the date the report was filled out, who filled out the report, who was present for the counseling, what happened, and what discipline was given. writing down an employee 3wrong, try whatWhensimple, did to stick to Just the facts. short sentences that give facts. Avoid overly descriptive phrases and opinions, conclusions and subjective impressions. hard conun4 vince a judge,It’sjury oratorule employment officer that Don’t delay. 5 believe that an employIf you Review your policies before writing anything down. bal warnings. 2 ery discipline form or re- Don’t forget the details. Ev- is important if the record of discipline is dated one month after the rule breaking. ee has violated a certain policy, look over that policy one more time before doing the write-up. If you don’t have a written policy on point, then use the word “practice.” is bad use light6Ratheridea tostatethemanItem-a ly. than that Don’t use legal terms. ployee reported “sexual harassment,” for example, write that an employee reported that her supervisor asked her out twice for a date. 7reports wrongdoinganbyemployWhen ee anKeep separate investigation files. other employee, begin a new file for your investigation. Don’t just place the documents in the employee’s personnel files. Usually there is information that is more broad than just the accuser and accused. Confidential information regarding managers, company policies and other employees may be implicated. © 2008, HLT Domestic IP LLC Who says you can’t choose your family? Nine distinct brands. And not a mother-in-law in sight. Not that we don’t love in-laws, but we understand. We understand that choosing where to invest isn’t just about investing your money, it’s about investing in a relationship. And when you invest in the Hilton Family of Hotels, you’re investing in more than a property. You’re investing in a philosophy, a promise to be hospitable® When you . invest in one of our nine distinct brands, you’re backed by more than a powerful network of support, you’re backed by a family. So no matter which brand you choose to develop, the Hilton Family will always be there for you. For franchise opportunities, visit hiltonfranchise.com or call 1-800-286-0645. In addition to franchising, we also offer Hilton Management Services, providing strength in numbers and a family tied to performance. For inquiries, please visit hiltonmanagementservices.com. 8 Many employers never say anything to a mediocre Be respectful, not nice. employee for fear of hurting his or her feelings. Unfortunately, you are doing a disservice to the company and to that employee’s coworkers, who often quietly pick up the slack. 9 Never lie or exaggerate to “create a record” of wrongdoing. Sooner or later the lies will come out in litigation. 10read by a new set of eyes, When Never forget that e-mail is not a conversation. an e-mail making light of another’s misfortune can appear mean-spirited and callous. hmm@questex.com Samantha Martinez is a partner with the law firm Muskat, Martinez & Mahony LLP. She can be reached at (713) 987-7852 or at SMartinez@m3law.com. This information provided is general and educational and not legal advice. For additional information, go to www.hospitalitylawyer.com. CIRCLE NO. 125 http://HotelMotel.com http://www.HotelMotel.com/digital_edition http://hiltonmanagementservices.com http://hiltonmanagementservices.com http://hiltonmanagementservices.com http://www.hospitalitylawyer.com
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