‘Document, document, document!’ — Why this HR mantra exists

Stephen was hired by his employer in 2015 and advanced in his career while working there. He received “good” performance reviews from Barry, the plant’s manager, and the company didn’t take any disciplinary action against Stephen during that time.

On August 6, 2021, however, the company fired Stephen, but didn’t give him a reason for his termination.

Stephen received a termination letter that mentioned “poor performance or discipline,” but Debbie, the HR manager, told Stephen that his personnel file showed no disciplinary history.

Two weeks before he was fired, he had provided a certification supporting the need for leave under the federal Family and Medical Leave Act (FMLA) for knee replacement surgery. It wasn’t his first FMLA case. At the time he was fired, Stephen was dealing with several medical conditions. He had undergone two hip replacement surgeries, a back surgery, and had received treatment for a heart condition, all for which he had taken FMLA leave.

Stephen sued, claiming that the employer violated his FMLA rights.

One month after his termination, Edgar, a former employee, told Stephen that, during a discussion with Barry, the company president, and the company CEO, either the president or the CEO said that the company “need[ed] to fire [Stephen] before he dies.”

In court, the employer argued that even if Stephen could show that he was entitled to FMLA leave, the company would have fired him based on performance, regardless of his alleged request for FMLA leave.

In denying the employer’s request to have the case dismissed, the court ruled that the company’s lack of documentation on Stephen’s job performance showed that the company’s decision wasn’t based on performance but instead was motivated by Stephen’s request for another period of FMLA leave. The court saw a connection between the 10 days between Stephen’s request for FMLA leave and his termination.

Dyson v. Matsu Alabama, Inc., Northern District of Alabama, No. 5:22-cv-01383, March 20, 2026.

Key to remember: Employers should have strong documentation of poor job performance if they’re going to fire an employee for that reason, especially if it’s soon after the employee asks for FMLA leave.

Court decisions are based on the specific facts presented and each court’s interpretation of the law. Because courts may reach different conclusions, similar situations can lead to different outcomes. Employers should avoid relying on a single case as definitive guidance and instead assess each situation carefully, considering applicable laws, and seeking advice when needed.