||Oracle Tips by Burleson
Not Alter Company Records and Documentation
One of the simplest steps that an employer can
take to bolster their defense of lawsuits is to not modify its records
related to employees. Throughout
the term of employment for employees, substantial amounts of records
and documentation are maintained including letters of employment,
release agreements, arbitration agreements, employment contracts, and
company policies, procedures, and directives. Documentation is also
accumulated during investigations for reasons of just cause firings.
Additional information can be added on separate
documents but should not be merged into existing documentation. It
is not recommended to rewrite records since again how will the court
know if you accurately rewrote the information, and whether the facts
were changed intentionally or unintentionally. Retain all original
notes even if summaries are compiled.
If a claim of alleged wrongful discharge against
an employer progresses to the point of a lawsuit, then all records
will come under close scrutiny by the court. Any hint of information
being altered will cast doubt on the employer’s case.
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