"I told them about it in Slack."
That's what the manager said after his employee sued for wrongful termination.
The Slack message? Buried in 10,000 others. No context. No confirmation. No defense.
Cost: Tens of thousands in settlement.
Many managers rely on emails, messages, or verbal conversations to provide feedback. That's a great start—but if you never document it formally, you're leaving your company exposed.
In litigation, informal feedback doesn't carry the same weight as structured documentation. "I told them multiple times" isn't helpful if there's no record. And email threads that start friendly can look hostile when taken out of context.
The Plain English Rule
"We talked about it" doesn't count if no one can prove it happened. If it's not written, it didn't happen.
Here's why relying solely on informal feedback is risky:
Emails and Slack messages lack context
Tone and intent are easily misread or disputed
No consistent structure across managers
No signature or confirmation of receipt
Easy for employees to claim they didn't "get the message"
In court or arbitration, the question becomes: "Where is your formal record of the issue?" If all you have is a vague reference in an email chain, you may struggle to justify termination or defend against a claim.
Moreover, emails are often cherry-picked and read in isolation. A well-meaning Slack message ("Hey, let's try to be more responsive!") might later be used as evidence of a hostile work environment if paired with other disputes.
🚩 Common Pitfall 🚩
Managers exchange dozens of emails about an employee but never include the employee in the conversation.
Getting It Wrong: When Documentation Backfires
The Company: 50-employee tech startup
The Problem: Senior developer with performance issues
Their "Documentation": Months of Slack messages between managers
For six months, the CTO and CEO exchanged Teams messages about Mike's declining performance. "Another blown sprint from Mike." "Client is furious about the delayed feature again." "How many more deadlines can we miss?" The messages painted a clear picture of frustration and concern.
They discussed it in their weekly one-on-ones. They vented to each other after client calls. The CTO even drafted an email to Mike about the issues—but never sent it, thinking a face-to-face conversation would be better. That conversation? It never happened. Too many fires to fight, too many other priorities.
The Fatal Flaw: Mike never received formal feedback about any of these concerns. His last performance review three months earlier? "Meets expectations." No performance improvement plan. No written warnings. Not even a documented coaching conversation.
When Mike was terminated for "poor performance" and filed for unemployment, he won easily. The state reviewer's decision was blunt: "Employer provided no evidence the claimant was aware their performance was unsatisfactory or that their job was in jeopardy."
The Cost:
Six months of unemployment benefits
Substantial legal fees fighting the claim
Lost productivity during the dispute
Damaged team morale when word spread
🔎 Audit Red Flag 🔎
If an employee's file shows positive reviews but you're claiming performance problems, judges assume you're lying. Documentation that only appears after someone complains or requests leave? That's retaliation evidence.
Getting It Right: The Two-Minute Fix
The Company: 30-employee dental practice
The Problem: Hygienist with recurring tardiness
The Solution: Simple email follow-ups
After each incident, the office manager sent:
Subject: Follow-up - Attendance Discussion
Marcus,
Following up on our discussion today:
You arrive at 8:47 AM for your 8:30 AM patient. This your third tardiness this month (8/5, 8/11, 8/18). Patient had to be rescheduled. You agreed to arrive by 8:15 AM moving forward.
Please confirm receipt.
Jennifer
Why It Worked:
Sent same day
Specific times and impacts
Employee confirmation requested
No emotional language
When Marcus was eventually terminated for continued tardiness, his unemployment claim was denied. Clear documentation proved awareness and opportunity to improve.
The CLEAR Framework: Your Documentation Defense
Stop hoping your casual communications will protect you. Use this framework instead:
C - Capture Immediately
Document within 24-48 hours while details are fresh. Late documentation looks manufactured.
L - List Specific Behaviors
Skip the editorializing. Document what you saw, not what you think it means.
Instead of: "Poor attitude toward customers"
Write: "Told customer 'that's not my problem' when asked about return policy"
E - Email for Evidence
Send a follow-up email after every coaching conversation. Every. Single. One.
A - Archive Appropriately
Save documentation in the employee's personnel file, not your personal email folder.
R - Review Regularly
Look for patterns monthly. Three similar incidents without escalating documentation? You've undermined your own case.
📝 Pro Tip 📝
The tool matters less than consistency. Simple email follow-ups used religiously beat sophisticated systems used sporadically.
The Template That Could Save Your Business
Copy this. Customize it. Use it after every coaching conversation:
Subject: Follow-up on [Date] Discussion - [Topic]
Hi [Employee Name],
Thank you for taking time to discuss [specific issue] with me today.
I wanted to follow up in writing to confirm our conversation:
Issue Discussed: [Brief, factual description]
Your Response: [Employee's acknowledgment or explanation]
Agreed Next Steps: [Specific actions and timeline]
Follow-up: [When you'll check in again]
Please let me know if you have any questions or if I can provide
additional support.
Best regards,
[Manager Name]
Industry-Specific Traps to Avoid
Healthcare: Don't use HIPAA as an excuse. Document "Failed to complete charting within 24-hour requirement" not patient details.
Retail: High turnover isn't an excuse. Document from day one with 60-second forms.
Hospitality: Use voice-to-text between rushes. Email yourself. Done.
Professional Services: Higher salaries mean higher stakes. Document everything.
⏰ Reminder ⏰
Train managers that documentation protects both company and employee by ensuring shared understanding.
Final Thoughts: If It's Not Written, It Didn't Happen
Verbal feedback and coaching conversations are important—but they're only as strong as the paper trail that follows.
If your managers are giving great feedback but never documenting it, your company is missing a critical layer of protection. The goal isn't to add red tape—it's to build a clear, consistent record of communication that helps everyone succeed.
A two-minute recap email today can save you from a six-month legal headache tomorrow. And if you're not sure what to write, we can help you build templates that strike the right tone.
Documentation doesn't have to be formal or intimidating. It just has to be consistent, professional, and honest. When you build that habit across your management team, you create a culture of clarity that protects both your people and your business.
Keep fighting the good fight.
