Documentation is the most important tool we can use when fighting unemployment claims. Written proof of events, statements, and absences of employees’ shows an employee was more than just lazy, it can show a repetitive behavior that could be considered misconduct. It is the supervisor’s job to keep track of the “little things”.  They will mean so much down the road. The following story illustrates the importance of documenting when dealing with difficult employees.  See if you have hired John? 

John worked for a construction company. John is usually late to work. When asked why he was late he’d respond that he overslept. As his supervisor, you know you have told him to buy an alarm clock, more than once.  Besides his tardiness, John is usually absent from work a few days a month.  John also likes to talk during work, slowing his performance time even more. Sometimes you have to pull him from a job in order to cut down on chatter and get the job done.

As John’s supervisor, you can count on getting extra dirty. At times, you get so frustrated with him; you just do the job yourself. Remember earlier this week, when you asked him to get a 5/8” nut he brought you a 3/8”?  How about last week, at the Baker house, when John poured cement exactly where you told him not to?  Why didn’t someone fire him when John was found sleeping in the crane six months ago?

One day the time finally comes when you’ve had enough!  John is just standing around, talking and doing very little, you see him and snap.  John’s fired!

When John files for unemployment, he is asked, “Did you do your job to the best of your ability?”

John’s reply?  “Yes, I did.”

So - how do you prove John did not do a good job?  That he was not working to the best of his ability?  Simple – you prove it with documentation.

Normally, all states base determination on whether or not to allow unemployment benefits on the final incident. Asking yourself what, where, when, why and how is a good place to start when filling out a separation of employment form.

What happened? Was it a violation of company policy? What did you say to him/her? What did he/she say to you? When an employee is going to be late or absent, that employee must call before the work shift starts. Just because they call does not mean it is an “excused” absence; it just means they’re following company policy. Some companies have a Point System for Absences. That’s good for proving everyone is treated the same, but it doesn’t hold up very well in unemployment circumstances.

Where did it happen? Was it the Smith residence where John poured cement in the wrong place? Everyone involved with an unemployment claim will need to know the job by the name the employer and x-employee would refer to it as.

When did it happen? Did he call in at 6:45 a.m. saying he would be “a little late” for the 7 a.m. shift, and then show up at 10:30 a.m.? If something happened after lunch, what time is lunch? When did the employer promise a raise, after one month or six?

Why? Is the most important question you can ask an employee who is late or is absent. It is also a question to ask. Why was an employee’s work unacceptable after training?

How? How did the employee perform the job? Did his/her performance start out good and then decline? How did you confront the situation?

Documenting incidents and putting them in the employee file minimize problems minimized when unemployment claims come. We have several forms you can use to track verbal warnings, written warnings, reasons for absences, etc. By limiting unemployment claims to those who truly deserve it, we can collectively minimize the costs of owning a business.  Every savings counts and every piece of documentation helps the effort of keeping costs down.