resolving_issues_with_your_boss

01/26/2025:

Resolving Issues with Your Boss (Part 10):

The Importance of Contemporaneous Records

Summary of Part 9

Part 9 discussed that you don't need to be an attorney to help resolve disputes.

Non-attorney mediators can mediate conflicts within families, workplaces, and communities by facilitating communication and collaboration. They often have human resources or industrial relations backgrounds, which enables them to prevent disputes from escalating into legal battles. While they do not provide legal advice, these mediators are trained in conflict resolution and active listening and possess a basic understanding of legal matters to ensure viable solutions. Non-attorney mediation is a cost-effective and informal method for resolving disputes, although legal counsel may be necessary for more complex cases.

Bringing a Knife to a Gunfight

Throughout history, sages have pointed out the importance of being prepared. The American idiom, “Bringing a knife to a gunfight,” serves as a metaphor for how the unprepared are at a distinct disadvantage compared to a well-prepared opponent. Understanding and internalizing the idiom’s meaning is key to resolving workplace disputes effectively.

In the workplace, conflict is inevitable, arising from misunderstandings, misaligned priorities, or interpersonal differences. Effectively managing these conflicts is essential for maintaining a productive, harmonious environment. Two quotes often attributed to W. Edwards Deming—'In God we trust; all others bring data,' and 'Without data, you're just a person with an opinion'—highlight the importance of data in resolving workplace disputes and promoting accountability. This article explores how maintaining detailed, contemporaneous notes of one's work activities and offering to share them with supervisors can help mitigate workplace conflicts, support clear communication, and foster trust.

The Reality of Record-Keeping

Employers routinely maintain detailed employee records to track performance, time cards, incidents, and ensure compliance with workplace policies. These records serve as data that employers use to support decisions about promotions, terminations, and other employment matters.

Similarly, employees should maintain their own records as a safeguard against inaccurate employer-authored files. Such records empower employees to provide their perspective, ensure fairness, and proactively address potential conflicts before they escalate.

In all instances where force is not the deciding factor, establishing a factual foundation that is accurate and provable is essential. The key point behind 'bringing data' is to ground discussions in verifiable facts, not opinions or assumptions.

Contemporaneous notes—detailed, time-stamped records of actions and decisions—serve as an objective counterpoint to subjective memory. For example, if a disagreement arises over whether an employee followed instructions, detailed notes of what was said or agreed upon can clarify misunderstandings. When employers reference their own records, having a corresponding employee perspective ensures a balanced review of the facts.

The importance of maintaining contemporaneous notes is clear: documenting key interactions and decisions as they occur serves as a proactive safeguard against disputes. For example, after receiving verbal instructions, sending a follow-up email to confirm and document the details not only ensures clarity but also provides an official record, reducing the likelihood of future misunderstandings.

Providing Weekly Status Reports

One effective method for maintaining contemporaneous records is by using weekly status reports. These reports should summarize start and finish times with gaps and personal times not worked noted, key accomplishments, challenges, and upcoming priorities. By sharing them with supervisors, employees create a reliable data trail of their contributions, which is valuable during performance evaluations or when disputes arise over responsibilities.

Miscommunications and differing interpretations of instructions often lead to workplace conflicts. Clear documentation of assignments, deadlines, and progress helps ensure that everyone has the same understanding of expectations. If a disagreement occurs, such as whether a deliverable met the required standards or was completed on time, contemporaneous notes and supporting emails can provide clarity, preventing unnecessary blame or defensiveness.

Without a factual basis, conflicts may escalate into defensiveness or accusations. Contemporaneous notes serve as a neutral resource, allowing both employees and supervisors to focus on resolving the issue rather than assigning blame. This aligns with Deming’s philosophy of continuous improvement, emphasizing problem-solving and learning from mistakes rather than penalizing individuals.

An important caution: while maintaining and sharing notes is crucial, employees should always prioritize privacy and professionalism. Records should focus solely on work-related activities, avoiding personal observations or unrelated details. Confidential information must be handled carefully to ensure compliance with organizational PPI and security policies.

Transparency Builds Trust and Accountability

Sharing notes and reports with supervisors fosters trust and demonstrates accountability. Employees who maintain transparent records and willingly share them signal their professionalism and commitment to clear communication.

Employees who consistently document and share their work activities are effectively generating their own “employee data record.” This record provides evidence of contributions, highlights successes, and documents challenges faced. Such data is invaluable in performance evaluations, promotional discussions, or disputes. It ensures that the employee’s perspective is represented alongside the employer’s records, providing a balanced view of their performance and contributions.

While many supervisors decline an employee’s offer to share their weekly status report, the fact that the offer is made and declined is significant. The supervisor is caught on the horns of a dilemma. Accepting the employee’s weekly report—which outlines their view of activities and events—requires supervisors to read it, either accept it without comment or correct any inaccuracies. All too often, supervisors view accepting such a record as both time consuming and potentially dangerous. However, by explicitly declining the employee’s written offer to share, they cannot easily turnaround at a later date and claim that the employee was surreptitiously keeping a record of which they were unaware, and of which they had no opportunity to correct.

Moreover, individual supervisors who accept regularly shared employee notes, and correct any content they believe to be missing or inaccurate, reveal someone who genuinely values being informed of their employee’s perspectives, progress, challenges, and priorities. Not only does this help align expectations and prevent misunderstandings that could lead to conflict, but it also reveals someone that you want to work with and learn from.

Practical Strategies

Performance evaluations often rely on hazy recollections and employer-maintained records, which may omit important details from the employee’s perspective. Contemporaneous notes ensure that employees can provide a comprehensive account of their work, achievements, and challenges. In the event of a dispute, such as disagreement over performance ratings or disciplinary actions, employee-maintained records provide critical context and evidence, ensuring a more equitable resolution.

Developing a habit of consistent documentation is essential. Employees should aim to record key activities, decisions, and communications promptly, ensuring that details remain accurate and fresh in their memory. This, of course, includes start times, end times, excused absences, and approved make-up work times.

Digital tools, such as note-taking apps, email archives, or project management platforms, make it easier to organize and access records. These tools allow employees to maintain a searchable database of notes, ensuring that information is readily available when needed.

When receiving verbal instructions, following up with a confirmation email is a professional and effective way to document the conversation. Such emails serve as both a communication tool and a record of agreed-upon tasks or expectations.

Keeping coincidental notes of your workplace and project activities might seem like a lot of effort for little gain. One occurrence of being asked to recall – and perhaps give credence – to a series of seemingly innocuous events that took place several months in the past will convince you otherwise. Because of its importance to conflict resolution and tension reduction, the presence of employees’ contemporaneous records will be assumed to be true, unless specifically indicated otherwise, going forward in our discussion of strategies.

Conclusion

"In God we trust. All others bring data," and "Without data, you’re just a person with an opinion" are more than just clever aphorisms; they embody a fundamental truth about the importance of objective evidence in resolving conflicts and making decisions. In the workplace, maintaining contemporaneous notes of one’s activities and sharing them with supervisors is a powerful tool for promoting clarity, accountability, and trust.

By grounding discussions in documented facts, employees and supervisors can resolve conflicts more effectively, reduce misunderstandings, and foster a culture of continuous improvement. Ultimately, the practice of meticulous documentation benefits not only individuals but also the organization as a whole, paving the way for a more collaborative and productive work environment.

* Note: A pdf copy of this article can be found at:

https://www.mcl-associates.com/downloads/resolving_issues_with_your_boss_part10.pdf

Resources

Cameron, M., & Jenkins, T. (2021). Effective dispute prevention and resolution through proactive measures. Journal of Conflict Resolution Strategies, 34(2), 112–135.

Davies, B., & Chen, R. (2018). Algorithmic dispute resolution—The automation of professional dispute resolution using AI and blockchain technologies. The Computer Journal, 61(3), 399–420.

Federal Mediation and Conciliation Service. (2022). Protecting the confidentiality of dispute resolution proceedings: A guide for federal workplace ADR program administrators. Federal ADR Program Guidelines.

Huang, K., & Davis, P. (2018). Resolving authorship disputes by mediation and arbitration. Research Integrity and Peer Review, 3(57), 1–8.

Office of Administrative Law Judges. (2022). Dispute resolution in the administrative process. Administrative Dispute Resolution Review, 56(2), 50–78.

Peer Review Council. (2023). Scholarly peer review and its importance in dispute resolution. Journal of Scholarly Publishing, 46(4), 455–470.

Sandoval, T. A., & Green, J. P. (2023). Online dispute resolution: Does the system actually enhance the resolution of disputes? Conflict Resolution Quarterly, 34(5), 110–125.

Smith, A. M., & Roberts, L. J. (2022). Documents and the bureaucratisation of alternative dispute resolution. Journal of Legal Anthropology, 4(1), 22–45.

Williamson, D., & Harper, S. (2021). The role of record-keeping in dispute resolution. Construction Law Journal, 29(3), 210–230.

While listening to an audiobook on the Medici by Paul Strathern, I was presented with a historical citation that I knew to be incredibly inaccurate. In a chapter entitled, "Godfathers of the Scientific Renaissance". discussing the apocryphal tale of Galileo's experiment conducted from the Leaning Tower of Pisa, the author cites Neil Armstrong in the Apollo 11 flight to the Moon with its memorable modern recreation, using a hammer and a feather.

Attributing this famous experiment to Armstrong on Apollo 11 is incorrect. It occurred on August 2, 1971, at the end of the last EVA of Apollo 15, presented by Astronaut Dave Scott. To press the point further, Scott used a feather from a very specific species: a falcon's feather. This small piece of trivia is memorable since Scott accompanied by crew member Al Worden arrived on the Lunar surface using the Lunar Module christened, "Falcon".

In an instant, the author's faux pas – for me -- undercut the book's entire validity. In an instant, it soured my listening enjoyment.

Mr. Strathern is approximately a decade my senior. As a well-published writer and historian, it is presumed that he subscribes to the professional standards of careful research and accuracy. Given this well-documented piece of historical modern trivia, I cannot fathom how he got it so wrong. Moreover, I cannot figure out how such an egregious error managed to go unscathed through what I assumed was a standard professional proofreading and editing process.

If the author and the publisher’s many editorial staff had got this single incontrovertible event from recent history wrong, what other counterfactual information did the book contain?

What is interesting to me, is my own reaction or -- judging from this narrative – some might say, my over-reaction to a fairly common occurrence. Why was I so angry? Why could I not just shake it off with a philosophical, ironic shake of the head?

And that is the point: accidental misinformation, spin and out-and-out propaganda -- and the never-ending stream of lies, damned lies, and unconfirmed statistics whose actual methodology is either shrouded or not even attempted -- are our daily fare. At some point, it is just too much to suffer in silence.

I have had enough of it.

God knows I do not claim to be a paragon of virtue. I told lies as a child, to gloss over personal embarrassments, though I quickly learned that I am not particularly good at deception. I do not like it when others try to deceive me. I take personal and professional pride in being honest about myself and my actions.

Do I make mistakes and misjudgments personally and professionally? Of course, I do. We all do. Have I done things for which I am ashamed? Absolutely. Where I have made missteps in my life, I have taken responsibility for my actions, and have apologized for my actions, or tried to explain them if I have the opportunity to do so.

For all of these thoughtless self-centered acts, I can only move forward. There is nothing I can do about now except to try to do grow and be a better human being in all aspects of my life. That's all any of us can do. I try to treat others as I wish to be treated: with honesty and openness about my personal and private needs, and when I am able to accommodate the wants and needs of those who have entered the orbit of my life.

We all have a point of view. Given the realities of human psychology and peer pressures to conform, it is not surprising that I or anyone else would surrender something heartfelt without some sort of struggle. However, we have a responsibility to others -- and to ourselves -- to not fabricate a narrative designed to misinform, or manipulate others.

Lying is a crime of greed, only occasionally punished when uncovered in a court of law
I am sick to death with liars, “alternative facts” in all their varied plumages and their all too convenient camouflage of excuses and rationales. While I am nowhere close to removing this class of humans from impacting my life, I think it is well past the time to start speaking out loud about our out-of-control culture of pathological untruthfulness openly.

Lying about things that matter -- in all its many forms, both overt and covert -- is unacceptable. When does lying matter? When you are choosing to put your self-interest above someone else’s through deceit.

Some might call me a "sucker" or "hopelessly naive". I believe that I am neither. Our species - as with all living things -- is caught in a cycle of both competition and cooperation
We both compete and cooperate to survive.

There is a sardonic observation, “It’s all about mind over matter. If I no longer mind, it no longer matters”. This precisely captures the issue that we all must face: the people who disdainfully lie to us – and there are many – no longer mind. We – the collective society of humanity no longer matter, if for them we ever did.

We are long past the time when we all must demand a new birth of social norms. We all have the responsibility to maintain them and enforce them in our own day-to-day lives. Without maintaining the basic social norms of honesty and treating others as you wish to be treated in return, how can any form of human trust take place?