EmploymentQuestion 266 of 1632

A contractor wants to document an employee's job performance over time. The best record-keeping practice is to:

a.Keep accurate, contemporaneous written evaluations
b.Rely on the supervisor's memory of it at review time
c.Document only what supports a later termination
d.Keep nothing in writing at all, to limit legal exposure

Explanation

Accurate, contemporaneous, objective evaluations are what make a later performance decision defensible, and Labor Code §1198.5 lets the employee inspect that personnel file on request - so the record has to be written as the work happens, not assembled afterwards. Documenting only what supports a termination produces a file that reads as built for the decision it was meant to justify. A supervisor's memory at review time is not a record and will not survive a dispute. And keeping nothing in writing does not limit exposure; it removes the evidence the employer would need to explain the decision.

Law Reference: Labor Code §1198.5

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