How to Document Workplace Issues

A contemporaneous written record is one of the most powerful tools in employment law. Here's how to create one that actually helps your case.

Why Documentation Matters

In employment cases, the employer almost always has more documentation than the employee — performance reviews, HR records, internal memos, and email logs. Your own written record can level the playing field. Courts give significant weight to contemporaneous documentation — notes written at or near the time the event occurred — because they are more reliable than memories recalled months or years later.

What to Document

Discriminatory or harassing comments — who said it, what was said (quote if possible), and who else was present
Adverse actions — demotions, schedule changes, denial of opportunities, write-ups
Changes in treatment after protected activity — complaints, FMLA requests, accommodation requests
Conversations with supervisors or HR — what was discussed and any commitments made
Inconsistencies in the employer's behavior — different treatment of similarly situated employees

How to Document

Write it down the same day

Notes made the same day carry far more weight than those written weeks later. Even a brief entry is valuable.

Use your personal email or device

Do not use work email or a work computer for your personal notes. Use your personal phone, a personal email, or a physical notebook you keep at home.

Email yourself a summary

After an incident, email yourself a summary from your personal email. The email timestamp establishes when the note was made.

Include specifics

Date, time, location, people present, and what was said or done. Specifics are much more powerful than generalities.

Quote when possible

Direct quotes ("Manager said: 'We need younger blood on this team'") are far more impactful than paraphrasing.

Keep copies of key work documents

If you receive a positive performance review, complimentary email, or important communication — forward a copy to your personal email. These documents may disappear from your work files after a termination.

Do not take confidential or proprietary information

Keep copies of your own performance reviews, award letters, and communications about your performance. Do not take client lists, trade secrets, or confidential company data.

Sample Entry Format

Date: January 15, 2026

Time: ~2:30 PM

Location: Manager's office, Building C

Present: [Manager name], me

What happened: Manager called me into the office. Said I was being "reassigned" from the Henderson project to filing duties. When I asked why, Manager said "We need someone more energetic on the project." I asked what that meant. Manager said "You know what I mean." No written documentation was provided. This is the third time a project has been reassigned in the two months since I turned 55.

Key Takeaway

The best time to start documenting is the first time something feels wrong. The second best time is right now. Consistent, factual documentation can make the difference between a case that settles favorably and one that never gets off the ground.