Skip to main content
  • Foundation
  • Executive network
  • CEO Circle
  • Enterprise Solutions
  • Linkage Logo
  • Store
  • Sign In
  • Account
    • My Account
    • Logout
    • Global
    • India
    • MENA
SHRM
About
Book a Speaker
Join Today
Renew
Rejoin Now
Renew
  • Membership
  • Certification
    Certification

    Smiling asian student studying in library with laptop books doing online research for coursework, making notes for essay homework assignment, online education e-learning concept
    Get Certified!

    Be recognized as an HR leader with your SHRM-CP or SHRM-SCP credential.

    • How to Get Certified

      Demonstrate your ability to apply HR principles to real-life situations. No other HR certification compares.

      • How to Get Certified
      • Eligibility Criteria
      • Exam Details and Fees
      • SHRM-CP
      • SHRM-SCP
      • Which Certification is Best for Me
      • Certification FAQs
    • Prepare for the Exam

      Give yourself the best chance to pass your SHRM certification exam.

      • Exam Preparation
      • SHRM BASK
      • SHRM Learning System
      • Instructor-Led Learning
      • Self-Study
      • Study Aids & Add-ons
    • Recertification

      Recertify your SHRM Credentials before your end date!

      • Specialty Credentials
      • Qualifications
  • Topics & Tools
    Topics & Tools

    Stay up to date with workplace news and leverage our vast library of resources to streamline day-to-day HR tasks.

    The white house in washington, dc.
    Executive Order Impact Zone

    Do not abandon, but evaluate and evolve. It is about legal, equal opportunity for all.

    • News & Trends

      Follow breaking news and emerging workplace trends.

      Legal & Compliance

      Stay informed on workplace legal updates and their impacts.

      From the Workplace

      Explore diverse perspectives from your peers on today's workplaces.

      Flagships

      Get curated collections of podcasts, videos, articles, and more produced by SHRM.

    • HR Topics
      • AI in the Workplace
      • Civility at Work
      • Compensation & Benefits
      • Inclusion & Diversity
      • Talent Acquisition
      • Workplace Technology
      • Workplace Violence Prevention
      SEE ALL
      SHRM Research
    • Tools & Samples

      Access member resources and tools to streamline HR tasks.

      • Forms & Checklists
      • How-To Guides
      • Interactive Tools
      • Job Descriptions
      • Policies
      • Toolkits
      SEE ALL
      Ask an Advisor
  • Events & Education
    Events & Education

    SHRM25 in San Diego, June 29 - July 2, 2025
    Join us for SHRM25 in San Diego

    Register for the World’s Largest HR Conference being held on June 29 - July 2, 2025

    • Events
      • SHRM25
      • The AI+HI Project 2025
      • INCLUSION 2025
      • Talent 2026
      • Linkage Institute 2025
      SEE ALL
      Webinars
    • Educational Programs

      Designed and delivered by HR experts to empower you with the knowledge and tools you need to drive lasting change in the workplace.

      Specialty Credentials

      Demonstrate targeted competence and enhance credibility among peers and employers.

      Qualifications

      Gain a deeper understanding and develop critical skills.

    • Team Training & Development

      Customized training programs unique to your organization’s needs.

  • Business Solutions
  • Advocacy
    Advocacy

    Make your voice heard on public policy issues impacting the workplace.

    Advocacy
    SHRM's President & CEO testifies to Congress on "The State of American Education"
    • Policy Areas
      • Workforce Development
      • Workplace Inclusion
      • Workplace Flexibility & Leave
      • Workplace Governance
      • Workplace Health Care
      • Workplace Immigration
      State Affairs

      SHRM advances policy solutions in state legislatures nationwide.

      Global Policy

      SHRM is the go-to for global HR leaders and businesses on workplace matters.

    • Advocacy Team (A-Team)

      SHRM’s A-Team is a key member benefit, giving you the tools, insights, and opportunities to shape workplace policy and drive real impact.

      Take Action

      Urge lawmakers to support policies that create lasting, positive change.

      Advocacy & Legislative Resources

      Access SHRM’s curated policy materials and content.

    • SHRM-Led Coalitions
      • Generation Cares
      • The Section 127 Coalition
      • Learn More & Partner with SHRM Government Affairs
  • Community
    Community

    Woman raising hand in group
    Find a SHRM Chapter

    Easily find a local professional or student chapter in your area.

    • Chapters

      Find local connections from over 607 chapters and state councils and create your personalized HR network.

      SHRM Connect

      Post polls, get crowdsourced answers to your questions and network with other HR professionals online.

      SHRM Northern California

      Join SHRM members in the greater San Francisco Bay area for local events and networking.

    • Membership Councils

      Learn about SHRM's five regional councils and the Membership Advisory Council (MAC).

      • Membership Advisory Council
      • Regional Councils
    • Volunteers

      Learn about volunteer opportunities with SHRM.

      • Volunteer Leader Resource Center
Close
  • Membership
  • Certification
    back
    Certification
    Smiling asian student studying in library with laptop books doing online research for coursework, making notes for essay homework assignment, online education e-learning concept
    Get Certified!

    Be recognized as an HR leader with your SHRM-CP or SHRM-SCP credential.

    • How to Get Certified

      Demonstrate your ability to apply HR principles to real-life situations. No other HR certification compares.

      • How to Get Certified
      • Eligibility Criteria
      • Exam Details and Fees
      • SHRM-CP
      • SHRM-SCP
      • Which Certification is Best for Me
      • Certification FAQs
    • Prepare for the Exam

      Give yourself the best chance to pass your SHRM certification exam.

      • Exam Preparation
      • SHRM BASK
      • SHRM Learning System
      • Instructor-Led Learning
      • Self-Study
      • Study Aids & Add-ons
    • Recertification

      Recertify your SHRM Credentials before your end date!

      • Specialty Credentials
      • Qualifications
  • Topics & Tools
    back
    Topics & Tools

    Stay up to date with workplace news and leverage our vast library of resources to streamline day-to-day HR tasks.

    The white house in washington, dc.
    Executive Order Impact Zone

    Do not abandon, but evaluate and evolve. It is about legal, equal opportunity for all.

    • News & Trends

      Follow breaking news and emerging workplace trends.

      Legal & Compliance

      Stay informed on workplace legal updates and their impacts.

      From the Workplace

      Explore diverse perspectives from your peers on today's workplaces.

      Flagships

      Get curated collections of podcasts, videos, articles, and more produced by SHRM.

    • HR Topics
      • AI in the Workplace
      • Civility at Work
      • Compensation & Benefits
      • Inclusion & Diversity
      • Talent Acquisition
      • Workplace Technology
      • Workplace Violence Prevention
      SEE ALL
      SHRM Research
    • Tools & Samples

      Access member resources and tools to streamline HR tasks.

      • Forms & Checklists
      • How-To Guides
      • Interactive Tools
      • Job Descriptions
      • Policies
      • Toolkits
      SEE ALL
      Ask an Advisor
  • Events & Education
    back
    Events & Education
    SHRM25 in San Diego, June 29 - July 2, 2025
    Join us for SHRM25 in San Diego

    Register for the World’s Largest HR Conference being held on June 29 - July 2, 2025

    • Events
      • SHRM25
      • The AI+HI Project 2025
      • INCLUSION 2025
      • Talent 2026
      • Linkage Institute 2025
      SEE ALL
      Webinars
    • Educational Programs

      Designed and delivered by HR experts to empower you with the knowledge and tools you need to drive lasting change in the workplace.

      Specialty Credentials

      Demonstrate targeted competence and enhance credibility among peers and employers.

      Qualifications

      Gain a deeper understanding and develop critical skills.

    • Team Training & Development

      Customized training programs unique to your organization’s needs.

  • Business Solutions
  • Advocacy
    back
    Advocacy

    Make your voice heard on public policy issues impacting the workplace.

    Advocacy
    SHRM's President & CEO testifies to Congress on "The State of American Education"
    • Policy Areas
      • Workforce Development
      • Workplace Inclusion
      • Workplace Flexibility & Leave
      • Workplace Governance
      • Workplace Health Care
      • Workplace Immigration
      State Affairs

      SHRM advances policy solutions in state legislatures nationwide.

      Global Policy

      SHRM is the go-to for global HR leaders and businesses on workplace matters.

    • Advocacy Team (A-Team)

      SHRM’s A-Team is a key member benefit, giving you the tools, insights, and opportunities to shape workplace policy and drive real impact.

      Take Action

      Urge lawmakers to support policies that create lasting, positive change.

      Advocacy & Legislative Resources

      Access SHRM’s curated policy materials and content.

    • SHRM-Led Coalitions
      • Generation Cares
      • The Section 127 Coalition
      • Learn More & Partner with SHRM Government Affairs
  • Community
    back
    Community
    Woman raising hand in group
    Find a SHRM Chapter

    Easily find a local professional or student chapter in your area.

    • Chapters

      Find local connections from over 607 chapters and state councils and create your personalized HR network.

      SHRM Connect

      Post polls, get crowdsourced answers to your questions and network with other HR professionals online.

      SHRM Northern California

      Join SHRM members in the greater San Francisco Bay area for local events and networking.

    • Membership Councils

      Learn about SHRM's five regional councils and the Membership Advisory Council (MAC).

      • Membership Advisory Council
      • Regional Councils
    • Volunteers

      Learn about volunteer opportunities with SHRM.

      • Volunteer Leader Resource Center
Join Today
Renew
Rejoin Now
Renew
  • Store
    • Global
    • India
    • MENA
  • About
  • Book a Speaker
  • Foundation
  • Executive network
  • CEO Circle
  • Enterprise Solutions
  • Linkage Logo
SHRM
Sign In
  • Account
    • My Account
    • Logout
Close

  1. Topics & Tools
  2. Workplace News & Trends
  3. Employee Relations
  4. The Pros and Cons of Electronic Documentation
Share
  • Linked In
  • Facebook
  • Twitter
  • Email

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vivamus convallis sem tellus, vitae egestas felis vestibule ut.


Error message details.

Copy button
Reuse Permissions

Request permission to republish or redistribute SHRM content and materials.


Learn More
News

The Pros and Cons of Electronic Documentation

November 24, 2009 | Pamela Babcock



An irate customer e-mails a complaint that causes a supervisor to fire off a text message from his BlackBerry to the employee who handled the customer. A manager sends an instant message containing a “verbal” warning to a remote worker who has logged in late three times in violation of the attendance policy.

HR and legal experts say the burgeoning use of e-mails, text messages and instant messages brings with it pros, cons and risks when it comes to retaining, organizing and retrieving documentation related to employee performance.

Greg Szymanski, SPHR, the HR director for Seattle-based real estate development firm Geonerco Management Inc., said whether performance-related e-mails and texts are stored electronically or printed and placed in a personnel file doesn’t matter, because from a legal standpoint, “it’s all discoverable if things go sideways, which, at the end of the day, is one of the main reasons for retaining employee-related information anyway.”

Joey Costyn, an associate in Ford & Harrison’s Atlanta office, says courts and juries give e-mail at least as much weight as other performance documentation, sometimes more.

“While a performance appraisal may be more detailed, it is usually based on a manager's recollection of the employee's past performance,” Costyn observed. “E-mails can be seen more as a present sense impression, as they are dated [and] time-stamped and generally are prepared ‘in the moment.’ ”

Costyn added that whether an employer stores performance-related e-mail, texts and other electronic communications electronically or physically, the key is that “it is done deliberately and consistently. With either method of retention, employers need to train their managers to save, catalog and store the information according to policy.”

Pros and Cons

Janine Yancey, SPHR, an employment lawyer and CEO of HR and compliance training firm emTRAiN in Sacramento, Calif., said there are plenty of ways that e-mail documentation can hurt or help an organization.

“Smoking gun” e-mails from one manager to another “that reference an employee in an unprofessional or inappropriate manner” can become part of discovery during court proceedings, Yancey said. Conversely, e-mail communications can help managers defend their actions if they are seen “as acting professionally and providing helpful feedback to employees in e-mails.”

Likewise, if an employer terminates an employee for performance but there’s a plethora of e-mails praising the employee—to the employee directly or among supervisors—“this can undercut the stated reason for the decision,” said David M. Cogliano, a labor and employment attorney with Davis, Malm & D'Agostine in Boston.

He added that “far too frequently supervisors put harsh critical comments in an e-mail that they would never put in a written memo or verbalize. Employees—supervisors and subordinates alike—treat e-mail like it is transient and disappears when you hit delete.”

What Is Performance Documentation?

“Sometimes, it’s not so easy to decide what constitutes performance documentation,” noted Barrie Gross, founder of HR training and consulting firm Barrie Gross Consulting in San Francisco.

Gross said the best thing to do is to “think of it very broadly” because it includes formal performance evaluations, self-evaluations, disciplinary records, notes of conversations between managers and employees, goals and objectives, action plans, positive and negative e-mails about performance-related issues and other notes and documents used to prepare evaluations.

“Everything you write as a manager can be viewed by third parties, whether it’s your boss, the employee’s spouse or domestic partner, the employee’s lawyer, a news organization or a jury,” Gross said. “When you put anything in writing, it needs to be accurate, unambiguous and clearly express the precise message you intend to convey. And you need to be sure before you write it that the content is appropriate regardless of the subject.”

Szymanski said any document that describes performance, whether good or bad, should be treated similarly.

“A file papered with all bad news is suspicious simply because it will appear that someone was out to get the employee in question,” Szymanski said. “A performance review should contain supporting documentation to show how the manager arrived at various performance review assessments.”

Supervisor’s Files vs. Official Personnel File

Costyn said supervisors shouldn’t keep anything in their files other than performance notes to assist them in preparing annual reviews.

Cogliano recommended printing e-mails that relate clearly to performance and will impact an employee’s evaluation and/or compensation and storing them in a personnel file.He further recommended the use of separate e-mail folders so that supervisors “have an easily accessible repository of any communications about a particular employee.”

While states have different requirements for what must go in a personnel file, Cogliano said, e-mails commending or critiquing employee performance “are best kept.” He adds that employers make a mistake when they assume that because it is an e-mail, it is informal. “That is not the case,” Cogliano noted, which is why supervisors should be very careful about what they put in e-mail.

“If it is important enough to document, it should be included in the employee's personnel file,” he said, because a supervisor’s files escape the review and expertise of the company's human resources, legal and risk management professionals “and could result in substantial liability for the company.”

Tony Rea, SPHR, managing principal of 20/20 HR LLC, a Mokena, Ill.-based consulting firm, cautioned that a manager’s “desk” file should not contain anything that would conflict with the “official file.”

“Many employers advise their managers not to keep such files but, unfortunately, managers ignore this advice,” Rea said.

Cogliano said that formal evaluations and notifications of compensation adjustments, as well as formal warnings or other forms of discipline done via e-mail, should be kept in a personnel file, while informal e-mails between a supervisor and an employee can stay in the supervisor's file.

Generally, however, Cogliano said, when he gets a request for a personnel file from an employee for one of his employer clients, he requests the personnel file “and any relevant supervisor files” to ensure that he has “the entire universe of documents to review before producing the ‘personnel file.’ ”

“Often there may be documents in the supervisor's file that should go in the personnel file, and I want to be able to make that decision,” Cogliano noted.

Retaining Documents

Gross said most employment-related documents should be retained “for the life of the employment relationship plus one to three years, depending on the type of document.” She said that if there is litigation or an agency charge after the employment relationship ends, the retention period is extended until the case or charge is resolved fully.

She added that an organization that receives notice of an employment-related complaint or lawsuit should be careful not to destroy any documents because it could face charges or sanctions for doing so. Gross said that rules about retention and destruction apply to electronic documents as well as to e-mail and to originals, duplicates and drafts.

Pamela Babcock is a freelance writer based in the New York City area.

Employee Conduct
Employee Relations
Performance Management

Artificial Intelligence in the Workplace

​An organization run by AI is not a futuristic concept. Such technology is already a part of many workplaces and will continue to shape the labor market and HR. Here's how employers and employees can successfully manage generative AI and other AI-powered systems.



Related Content

Kelly Dobbs Bunting speaks onstage at SHRM24
(opens in a new tab)
News
Why AI+HI Is Essential to Compliance

HR must always include human intelligence and oversight of AI in decision-making in hiring and firing, a legal expert said at SHRM24. She added that HR can ensure compliance by meeting the strictest AI standards, which will be in Colorado’s upcoming AI law.

(opens in a new tab)
News
A 4-Day Workweek? AI-Fueled Efficiencies Could Make It Happen

The proliferation of artificial intelligence in the workplace, and the ensuing expected increase in productivity and efficiency, could help usher in the four-day workweek, some experts predict.

(opens in a new tab)
News
How One Company Uses Digital Tools to Boost Employee Well-Being

Learn how Marsh McLennan successfully boosts staff well-being with digital tools, improving productivity and work satisfaction for more than 20,000 employees.

HR Daily Newsletter

Stay up to date with the latest HR news, trends, and expert advice each business day.

Success title

Success caption

Manage Subscriptions
  • About SHRM
  • Careers at SHRM
  • Press Room
  • Contact SHRM
  • Book a SHRM Executive Speaker
  • Advertise with Us
  • Partner with Us
  • Copyright & Permissions
  • Post a Job
  • Find an HR Job
Follow Us
  • LinkedIn
  • Facebook
  • Twitter
  • Instagram
  • YouTube
  • SHRM Newsletters
  • Ask An Advisor

© 2025 SHRM. All Rights Reserved

SHRM provides content as a service to its readers and members. It does not offer legal advice, and cannot guarantee the accuracy or suitability of its content for a particular purpose. Disclaimer


  1. Privacy Policy

  2. Terms of Use

  3. Accessibility

Join SHRM for Exclusive Access to Member Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member?
Free Article
Limit Reached

Get unlimited access to articles and member-exclusive resources.

You've reached the limit of 1 free article this month. Join to access unlimited articles and member-only resources.

Already a member?
Free Article
Exclusive Executive-Level Content

This content is for the SHRM Executive Network and Executive Content Subscription members only.

You've reached the limit of 1 free article this month. Join the Executive Network and enjoy unlimited content.

Already a member?
Free Article
Exclusive Executive-Level Content

This content is for the SHRM Executive Network and Executive Content Subscription members only.

You've reached the limit of 1 free article this month. Join and enjoy unlimited access to SHRM Executive Network Content.

Already a member?
Unlock Your Career with SHRM Membership

Please enjoy this free resource! Join SHRM for unlimited access to exclusive articles and tools.

Already a member?

Your membership is almost expired! Renew today for unlimited access to member content.

Renew now

Your membership has expired. Renew today for unlimited access to member content.

Renew Now

Your Executive Network membership is nearing its expiration. Renew now to maintain access.

Renew Now

Your membership has expired. Renew your Executive Network benefits today.

Renew Now