“But, Did You DOCUMENT IT?”
The Rules of Documentation for Managers and Leaders
Documentation is not administrative cleanup after something goes wrong.
It is part of how leaders establish expectations, respond to problems, support employees, and make consequential people decisions.
And sometimes the most important thing the record tells us isn't what an employee did. It's how the organization arrived at its decision.
First, it was a reduction in force.
Then it was a resignation—or a “mutual decision.”
Then it was a policy violation.
Same employee. Different explanations.
That happened in Loudermilk v. Best Pallet Co., a 2011 Seventh Circuit case later cited by the EEOC in its guidance on inconsistent or shifting explanations.
Best Pallet initially told the EEOC that Loudermilk had been let go as part of a reduction in force. In court, the company abandoned that explanation and argued that he had resigned or that his departure had been a “mutual decision.” Another explanation followed: he had been fired for taking photographs in violation of company policy.
In response, the Seventh Circuit reversed summary judgment for the employer and sent the case back for trial. The court concluded that an inference of causation would be reasonable under the circumstances—and that a jury, not a judge, should decide whether that inference was appropriate. In other words, the evidence raised enough questions about why the employee (Loudermilk) was fired that the court concluded a jury should decide whether his discrimination complaints caused his termination.
The court did not say that changing explanations automatically prove discrimination or retaliation.
They don't.
The EEOC's own guidance makes the distinction: changing explanations may support an inference of pretext, while inconsistencies that are innocuous or credibly explained may weaken that inference. In other words, if an organization keeps changing its explanation for why it made a decision, that can raise a legitimate question about whether the reason being given is the real reason. But a change in explanation is not automatically evidence of wrongdoing. Sometimes there is a reasonable explanation for the difference.
The question is whether the organization can credibly explain why the story changed.
But this case illustrates something I pay very close attention to in people decisions:
When the story gets clearer only after the decision is challenged, I want to know why.
Because there is a significant difference between documenting what happened and reconstructing what happened after someone challenges it.
Organizations do the latter more often than they realize.
Documentation is not the story you write once you need to defend yourself.
An employee is struggling.
The manager says:
“We've talked about this several times.”
Okay.
When?
About what?
What expectation was communicated?
What did the employee say?
What support was offered?
What changed afterward?
Those questions aren't an assumption that the manager is wrong. They're an attempt to understand what actually happened. Because once a situation escalates, something interesting can happen.
Everybody remembers everything.
The concerns become more serious.
The examples become more specific.
The language gets cleaner.
The timeline gets reconstructed.
And somehow the documentation becomes much better after the decision has already been made.
That's when I start asking more questions.
Because that's not always documentation.
Sometimes it's reconstruction.
And those are not the same thing.
Sometimes there is plenty of documentation. It was just created too late.
A documentation problem doesn't necessarily mean there are no notes in the file.
Sometimes there are pages of them.
But a performance concern becomes more serious in writing than it ever sounded when the employee was actually being coached.
Something previously described as a performance issue becomes misconduct.
New examples appear.
People remember conversations differently.
The rationale becomes increasingly polished.
Eventually, the written record tells a much more coherent story than the organization was actually living at the time.
Even when the underlying employment decision may be legitimate, that creates a problem.
Because now I have to ask:
How did we actually get here?
That's The Decision Before the Decision™.
A termination rarely begins in the termination meeting.
A final warning doesn't begin when someone opens the corrective-action template.
A performance improvement plan doesn't begin when HR receives the request to draft one.
The real decision started earlier.
An expectation was established.
It was missed.
The manager addressed it—or didn't.
Coaching happened—or didn't.
Support was offered—or wasn't.
The issue happened again.
At some point, consequences became foreseeable.
Those moments are the decision before the decision.
Those are also the moments the record should capture.
Because by the time HR gets involved, we cannot rely on:
“Everybody knows.”
“We've talked about this plenty of times.”
“They've always been difficult.”
“They just aren't getting it.”
“It's been an issue forever.”
Maybe.
Show me.
Not because I assume the manager is wrong.
Because consequential decisions deserve more than memory and frustration.
The 10 Rules of Documentation
There are plenty of documentation templates. That's not usually the problem.
The harder question is whether the record accurately reflects what happened—and whether the manager actually led well before documenting the outcome.
These are the ten rules I want managers and leaders to understand.
1. Document close to the event.
Don't wait until the situation escalates to reconstruct three months of history.
Record significant conversations, expectations, incidents, commitments, and follow-up while the facts are still fresh.
Contemporaneous documentation is stronger than reconstructed memory.
2. Document facts, not character judgments.
“He was disrespectful” is a conclusion.
“He interrupted the supervisor three times after being asked to allow her to finish speaking” describes observable behavior.
Write what happened.
Avoid diagnosing motives, attitudes, personalities, or intentions you cannot establish.
3. Make the expectation visible.
A record of what went wrong isn't enough.
What was the employee expected to do instead?
The documentation should make the standard clear enough that someone outside the situation can understand the gap between what was expected and what occurred.
4. Explain why it matters.
Not every mistake carries the same significance.
Connect the behavior or performance issue to its actual impact—on the work, team, client, safety, compliance, operations, or organizational expectations.
Don't inflate the impact. Explain it.
5. Include the employee's response.
Documentation should not become management's uninterrupted version of events.
What did the employee say?
Did they agree? Disagree? Provide additional context? Identify a barrier? Take responsibility? Offer a different account?
Their response belongs in the record too.
6. Document the support, not just the deficiency.
A record filled with everything the employee did wrong tells only part of the story.
What did leadership do once the problem became known?
Document coaching, clarification, training, resources, accommodations where applicable, additional supervision, or other support that was provided.
And if support was promised, document whether it actually happened.
This matters for more than fairness. Support is part of the evidence.
If the organization says an employee was given an opportunity to improve, the record should allow us to see the opportunity—not just the eventual failure. Documentation should show what leadership expected and what leadership did.
7. Make the next step clear.
What happens now?
What must change?
By when?
Who will follow up?
What may happen if the issue continues?
Call out what is next in both favorable and unfavorable results.
Documentation should create clarity, not merely preserve history.
8. Don't let the reason change without an explanation.
A performance concern should not quietly become misconduct because the organization now needs a stronger rationale.
And the stated reason for an employment decision should not shift from conversation to conversation, document to document, or audience to audience without a legitimate explanation.
Sometimes new information changes the organization's understanding of a problem. That's possible.
If the reason changes, the record should show what changed and why.
Don't rewrite the earlier problem to fit the later decision.
9. Follow through on what you documented.
If the record says the manager will follow up in two weeks, follow up.
If training was promised, provide it.
If something was described as urgent, treat it as urgent.
And if the employee improves, document that too.
The record should reflect the organization's behavior as faithfully as the employee's.
10. Write for the reader who wasn't in the room.
Could someone unfamiliar with the situation understand what happened, what was expected, how the employee responded, what leadership did, and why the next decision followed?
And here's the gut-check:
Would you be comfortable with the employee, HR, a union representative, an attorney, an investigator, an arbitrator, or a judge reading exactly what you wrote?
If not, don't make the language more impressive.
Go back to the facts.
Good documentation doesn't need to sound legal.
It needs to be true.
The record is evidence of leadership, too.
This may be the part we don't discuss enough. We tend to think of documentation as merely a record of employee behavior.
And it is.
But it also creates a record of management behavior.
Did the leader communicate expectations?
Did they address concerns when they happened?
Did they give the employee an opportunity to respond?
Did they provide reasonable support?
Did they follow through?
Did their actions match what they were telling the employee?
Did the organization wait until it wanted someone gone before suddenly becoming very concerned about performance?
The record isn't only evidence of what the employee did.
It's evidence of what leadership did, too.
And that changes the documentation question.
“But did you document it?” isn't just a reminder to managers to protect the organization.
It is also a challenge to the organization:
Did you lead—and document—in a way that allows someone who wasn't there to understand what happened long after the moment has passed?
The distance is data.
This is where I borrow a principle from The Experience Check™, one of the tools within The Third Perspective™.
The Third Perspective™ asks leaders to resist the easiest explanation long enough to examine a consequential decision from more than one vantage point.
The Experience Check™ applies that discipline by examining the distance between what leadership intended and what people actually heard, did, and experienced.
The goal isn't to prove leadership right or employees wrong.
It is to understand what actually happened.
I apply that same discipline when examining consequential people decisions.
What does the employee believe happened?
What does the manager believe happened?
What does the written record show happened?
Those stories don't have to match perfectly.
But when they're far apart, I pay attention.
The distance is data.
Don't rush to decide which version you prefer. Study the distance. Then diagnose.
I call that diagnostic lens the Person–Leader–System Framework™—the PLS Framework™ for short. And, using the framework, we open the issue to understand it from multiple lenses.
PERSON: Did the employee understand the expectation? Were they capable of meeting it? What choices and behaviors occurred?
LEADER: Were expectations clear? Was feedback timely? Was coaching consistent? Did the manager address the issue when it happened?
SYSTEM: Did workload, processes, resources, competing priorities, incentives, policies, or organizational practices interfere with the expected outcome?
Maybe the employee is avoiding accountability.
Maybe the manager wasn't clear.
Maybe expectations shifted.
Maybe coaching was inconsistent.
Maybe support wasn't provided.
Maybe the system made execution harder.
Maybe it's a combination.
Sometimes the problem really is the Person.
Sometimes they aren’t.
Sometimes all three contributed.
The wrong diagnosis creates the wrong intervention.
And weak documentation makes that diagnosis much harder.
So, did you document it?
Yes, I ask that question.
A lot.
But what I'm really asking is bigger:
Can we see how this decision was made?
Can we see what the employee knew?
Can we see what the manager did?
Can we see what support was provided?
Can we see when the concern became serious?
Can we see whether the organization's actions matched its words?
If we can't, more paperwork at the end isn't going to solve the problem.
The record should exist before you need it.
Documentation can support a sound decision.
It can expose a weak one.
It can help us diagnose what actually went wrong.
But there is one thing it cannot do:
Documentation cannot turn a bad decision into a good one.
Before Your Next Write-Up
I've turned the ten rules in this article into a practical Manager & Leader Documentation Checklist you can keep nearby and use before submitting a coaching record, performance note, corrective action, investigation record, or other consequential employee documentation.
DOWNLOAD THE FREE MANAGER & LEADER DOCUMENTATION CHECKLIST →
Keep it nearby.
Because the goal isn't better paperwork.
The goal is a record that lets us see what happened, what leadership did, and how the organization arrived at the decision it ultimately made.
When the problem is bigger than one document
Sometimes the documentation problem reveals something larger.
The employee and manager have materially different accounts of what happened.
The record doesn't support the decision leadership wants to make.
HR is being asked to document a conclusion rather than examine one.
Or nobody can confidently determine whether the real problem sits with the Person, the Leader, the System—or some combination of all three.
Don't manufacture certainty. Diagnose.
If you're facing one consequential people decision and need an experienced, independent perspective before deciding what happens next, let’s talk. Click here to request a confidential fit conversation.
If the issue is broader—if you're questioning whether what leadership intended is actually what people are hearing, doing, and experiencing—explore The Experience Check™.
Kimberly D. Sanders
Executive People Strategist
Creator of The Third Perspective™ | PLS Framework™ | The Decision Before the Decision™ | The Experience Check™
Diagnosing before prescribing.
Source Note
Loudermilk v. Best Pallet Co., LLC, 636 F.3d 312 (7th Cir. 2011). The Seventh Circuit reversed the district court's grant of summary judgment and remanded the matter for trial. The EEOC later cited Loudermilk in its Enforcement Guidance on Retaliation and Related Issues as an example of how shifting explanations may support an inference of pretext. The EEOC also notes that such an inference may be weakened where inconsistencies are innocuous or credibly explained. (Justia Law)
This article and accompanying checklist are provided for leadership and educational purposes and do not constitute legal advice. Employment decisions and documentation requirements should be evaluated based on applicable law, organizational policy, collective bargaining obligations where applicable, and the specific facts involved.