When incidents occur repeatedly, with multiple people involved, and can take months to develop. It can be difficult to explain workplace concerns. An organized record will assist an employee to accurately describe the behavior. Also will help them remember details which may not be recalled later in the day. It can be helpful to gather together information from various communications, dates, witnesses, and notes. That will be helpful before consulting a workplace sexual harassment lawyer. Documentation doesn't have to be difficult. An honest factual narrative can help an attorney see the situation. It also helps the employee to identify what he or she actually saw and heard versus what he or she heard from someone else.

Building a Clear Record of Incidents

Record details while they are fresh

Write down what has happened in an incident, as soon as reasonably possible. State the date, approximate time, location, persons involved, words or actions you remember. Be clear about what happened. And don't include assumptions about what someone else wanted or meant.

Preserve relevant communications

It is important to gather information with the help of emails, workplace messaging programs, text messages, meeting invitations, and other communication. If possible, keep the original content of the material that is saved, keeping the time and who sent it. Don't alter images or delete other messages that might clarify what's going on.

Documenting Reports and Employer Responses

The record of the conduct may be just a part of the picture. The outcomes of the employee's concern also may be a factor in evaluating the employer's response.

Keep track of reporting steps

If an employee informs a supervisor, human resources representative or other designated person of inappropriate conduct. Document when it occurred, how it was reported, and to whom. Keep copies of any complaints in writing and any responses, meeting notes or follow-up messages.

An employee may also want to include if the employer provided information on how the concern will be reported. The notes should be what actually happened, rather than suggesting some type of response is wrongdoing.

Watch for changes in workplace treatment

Following a report, record any major changes to assignments, schedules, performance reviews, opportunity to access positions, or interactions with management. Record when the change occurred and any explanation provided.

The federal law forbids retaliation for some protected activity associated with opposing discrimination, or engaging in an employment discrimination process. Whether a specific workplace action is considered “unlawful retaliation” depends on the facts and the relevant law. 

An out of date record might be able to assist an attorney in determining the chronology of events and whether or not there may be other evidence that could be important.

Preparing for an Initial Legal Consultation

A clear time line and a few pertinent documents can help make an opening visit more productive. Staff should not formulate an entire legal case before talking to an attorney. The intent of preparation is to clarify the situation and determine whether there is something that needs to be reviewed further.

A workplace sexual harassment attorney will want to learn more about what occurred, how often it happened, if it was reported, what the employer said or did about it, and if the employee had any other changes in their workplace after the harassment.

Before the meeting, consider preparing:

• A chronological summary of significant incidents.

• Copies of relevant messages and written reports.

• A list of potential witnesses and their direct observations.

• Notes about employer responses and subsequent workplace changes.

• Questions about reporting options, confidentiality, and possible next steps.

Employees should also make sure to inquire about relevant deadlines early. Claim and jurisdiction filing periods may be brief and vary depending on the circumstances. Do not withhold legal counsel because of the need to gather documents when a deadline may be approaching.

When Workplace Concerns Include Termination

Employees are disciplined, demoted or fired for reporting inappropriate behavior. Others are fired because they think the rationale behind their dismissal has nothing to do with any valid performance issue. Factors related to the employment decision can be analyzed separately.

An employment lawyer wrongful termination investigation could include a review of the stated reason for the termination, relevant employment documentation, and the timing of the termination decision. Also documentation of past similar situations. A fact pattern and the rules of law are relevant to deciding. Whether termination after a complaint constitutes unlawful retaliation.

Frequently Asked Questions

Should I document an incident even if I did not report it immediately?

Yes. Record what you can remember, the approximate date of the incident, and if applicable, the reason why the incident wasn't reported earlier. Make it clear if you don't remember something exactly. A late report does not automatically result in a legal case being a valid one.

Can I use personal notes as evidence?

Personal notes may be useful for establishing a time-line and for remembering, but have a limited legal value depending on the circumstances. Be factual, dated if possible and consistent with what you remember. An attorney will know if specific notes or records will be helpful.

Conclusion

Taking a careful record can help to clarify a challenging experience in the workplace. Employees seeking sexual harassment legal representation can use organized documentation to explain their concerns. Then help an attorney identify the evidence and deadlines that deserve attention.

The purpose is not to establish all the legal questions on their own merits. It is to maintain good information, safeguard information that is relevant and receive advice depending on the situation. It is helpful to consult at an early stage to understand the choices and what to do next.