Employers commit three basic errors when documenting discipline. They:
Fail to document their affirmative efforts at helping to rehabilitate
their workers.
Document ‘‘state of mind’’ offenses.
Codify the damage done to the organization.

Let’s look at each of these categories briefly. First, remember that employees and juries expect companies to do more than simply point out problems. Companies must act responsibly by reaching out to disenfranchised employees and welcoming them back into the fold. Such a goodwill outreach may take on the form of one-on-onetraining or outside seminars or workshops, or it may simply mean providing an employee with a copy of a policy so that the individual clearly understands what’s expected. Be sure to document whatever steps you take to help the employee improve the situation at hand.

Second, be sure to avoid what are known as ‘‘state of mind’’ offenses. Sometimes managers try to really impress upon employees in writing how bad their actions were. Consequently, they include terms in the written warning such as ‘‘willfully,’’ ‘‘purposely,’’ ‘‘deliberately,’’ ‘‘intentionally,’’ or ‘‘maliciously.’’ Such mental element qualifiers certainly appear to strengthen the point that the manager is trying to make, but they escalate the written warning so that it may appear to become a personal attack.

In addition, plaintiff attorneys suing for wrongful termination may now hold you to a higher standard when they ask you questions like, ‘‘How did you know my client did that purposely?Would it have made a difference in your decision to terminate her had she not acted purposely?’’ Therefore, avoid these words whenever possible when documenting discipline.

Taken From : The Hiring and Firing Quention and Answer Book