- First, it creates a factual record that supports a fair, defensible termination if one becomes necessary, showing the employee had a genuine opportunity to know about and address the…
- Digital records count just as much as paper ones.
- Set expectations in writing at the outset — a role description, performance goals, or a written policy the employee has acknowledged.
Almost every Ontario employer facing a difficult termination wishes, in hindsight, that they had written more down along the way. Performance concerns raised only verbally, remembered differently by each side, and never put in writing are one of the most common weaknesses in an employer's position when a dismissal is later challenged.
Learning to document performance issues properly — consistently, specifically, and as they happen — is one of the most practical things an Ontario employer can do to protect itself, regardless of whether a termination ever actually happens. This is true even for employers who never expect to face a challenge — most don't set out planning for a dispute, which is exactly why the habit needs to be built before one ever arises.
Why Documentation Matters More Than Employers Expect
Good documentation does two things. First, it creates a factual record that supports a fair, defensible termination if one becomes necessary, showing the employee had a genuine opportunity to know about and address the concerns. Second, it protects the employer if the employee later disputes the reason for termination, since vague or after-the-fact recollections carry far less weight than contemporaneous records.
What Good Documentation Looks Like
| Type of record | Example | Why it matters |
|---|---|---|
| Written expectations | A job description or written goals set at the start of a role or review period | Shows the employee knew what was expected |
| Contemporaneous notes | A short written summary made shortly after a conversation about a concern | Far more credible than a memory reconstructed months later |
| Follow-up in writing | An email or memo confirming what was discussed and what improvement is expected | Creates a record the employee can't later say they never heard |
| Consistent formatting | Similar documentation used across employees with similar issues | Helps show the process wasn't targeted or arbitrary |
Digital records count just as much as paper ones. A dated email, an entry in an HR system, or even a text message summarizing a conversation can all serve the same purpose, provided they're created close to the time of the conversation and kept somewhere the employer can actually retrieve later. What matters is contemporaneity and consistency, not the specific format used.
A Simple Process to Follow
- Set expectations in writing at the outset — a role description, performance goals, or a written policy the employee has acknowledged.
- Address concerns promptly and specifically. Vague statements like "your work needs to improve" are far weaker than concrete examples.
- Follow up in writing after any verbal conversation about a concern, even briefly — a short email confirming what was discussed goes a long way later.
- Give a genuine opportunity to improve, where the situation calls for it, rather than documenting problems only to build a paper trail toward a decision already made.
- Keep records consistent across employees and over time — inconsistent documentation practices can undermine an otherwise solid file.
What Documentation Cannot Do
Good documentation is not a shortcut to "just cause" dismissal. The legal bar for just cause, which would let an employer avoid ESA notice and severance obligations entirely, is high, and ordinary performance problems generally do not meet it, no matter how well they're documented. What strong documentation actually supports is a defensible, well-explained termination without cause, and a stronger position if that termination is later challenged.
Common Gaps That Undermine an Employer's Position
- Relying entirely on a manager's memory of past conversations
- Performance reviews that are uniformly positive right up until the termination decision
- Documentation created only after the decision to terminate has already been made
- Inconsistent treatment — one employee documented closely, another with a similar issue not documented at all
- No record of what specific improvement, if any, was ever asked for
Frequently asked questions
Does poor documentation mean I can't terminate an underperforming employee?
No — an employer can generally terminate without cause regardless of documentation quality, provided the appropriate notice or pay in lieu is given. Documentation mainly matters if the employee disputes the reason, or if the employer is trying to establish something more, like just cause.
How far back should performance documentation go?
There's no fixed rule, but records that are recent, specific, and consistent carry more weight than an old, isolated incident raised for the first time at termination. Ongoing documentation as issues arise is far stronger than a retrospective summary.
Is a single bad performance review enough to support a termination?
It can support a termination without cause, but a single review is rarely enough on its own to meet the high bar for just cause. If a dispute later heads toward litigation, a thin file makes the employer's position harder to defend.
Should employees sign off on performance documentation?
Acknowledgment of receipt is common practice and can be useful, but a refusal to sign doesn't undo the fact that the conversation happened, provided it was otherwise properly documented and communicated.
Who should keep performance documentation — the manager or HR?
Either can, but there should be a single, reliable place records end up, rather than scattered notes a manager keeps informally and never shares. Many employers find it useful for HR to periodically confirm that documentation exists for any employee whose performance is a live concern, rather than discovering gaps only at termination.
This is a corporate question
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