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By Stephen A. DiTullio, DeWitt Ross & Stevens s.c.

One key to conducting a thorough workplace investigation and/or performance evaluation is to document the investigatory work regarding the alleged wrongdoing, misconduct, and/or unsatisfactory performance. Such documentation is particularly important in order to defend against employment claims of discrimination, harassment, and/or retaliation. However, it is not sufficient just to document – rather it is imperative that documentation must be prepared carefully and professionally. Keep in mind that today’s performance evaluation or disciplinary warning is tomorrow’s evidence.

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