In our increasingly litigious workplace what you don't say can hurt you as much as what you do say. The best practice is to be prepared by documenting in the following areas.

Recordkeeping Requirements. Under the Fair Labor Standards Act, employers at least need to keep a written record of the following:

* Employee's full name
* Social security number
* Address (including ZIP code)
* Date of birth (if younger than 19)
* Sex and occupation
* Time and day of week when employee's workweek begins
* Hours worked each day
* Total hours worked each workweek
* Basis on which employee's wages are paid (e.g., "$6 an hour," "$220 a week," "piecework")
* Regular hourly pay rate
* Total daily or weekly straight-time earnings
* Total overtime earnings for the workweek
* All additions to or deductions from the employee's wages
* Total wages paid each pay period
* Date of payment
* Pay period covered by the payment.

Employee Misconduct. All documentation must be timely. The employer should record the details and description of incidents, and then have an employee's version (have them write it down). Record the names of any witnesses and the proposed action to be taken. Obtain the employee's acknowledgement in writing.

Performance Evaluations. Have the specific job duties written for the employee to review. Rate an employee based on written job criteria (on a scale of 1 to 10), and allow for comments. Write with honesty and objectivity to ensure fairness.