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In this episode of Trials and Tribulations, we sit down with Kristyn Berger, President of Berger HR Solutions, to uncover the most underrated yet essential tool in any employer’s toolbox: documentation. From the dangers of vague write-ups to the legal and cultural benefits of keeping detailed, objective records, Kristyn shares real-world insights and actionable tips for small and mid-sized business owners. Whether you’re managing your first employee or building a growing team across multiple states, learn how effective documentation can protect your company and strengthen your workplace.
Jay Stafford:
All right. Today on Trials and Tribulations, we’re talking about the most underrated tool in every employer’s toolbox: documentation. Today, I’ve got expert Kristyn Berger, President of Berger HR Solutions, joining us to unpack what makes documentation defensible, why generic write-ups don’t hold water in court, and how to create a paper trail that actually protects your business.
So Kristyn, welcome. The first question I have is: tell us, what does Berger HR Solutions do?
Kristyn Berger:
Sure. We provide outsourced human resources support to small and mid-sized businesses that might not have an internal HR person. Some of our clients don’t have HR at all; others have someone less experienced and want our team to come in to guide, support, and mentor that person.
A little backstory — I’ve been in HR for almost 20 years, half of that spent in corporate America. I realized, through talking to business bankers and employment attorneys like yourself, that so many small and mid-sized business owners didn’t have HR support — which was shocking to me.
Jay Stafford:
Absolutely true. And those often are the people who run into issues, because if you don’t have any HR person, you’re often not thinking about documentation, FLSA rules, payroll, or compliance.
Kristyn Berger:
Exactly. I had an “aha” moment while I was still internal. In banking, everything is very buttoned up and thought through, and I realized: what a shame that small and mid-sized business owners are out there trying to do their best but falling short simply because they don’t have the knowledge and expertise. That’s how Berger HR Solutions was born — we support business owners, directors of operations, office managers, and anyone handling the people function, helping them create a positive workplace.
Jay Stafford:
Do you work with clients all across the country, or are you focused on a specific region?
Kristyn Berger:
We do work nationwide. We have a big concentration in Baltimore, DC, and Virginia, but over the years — especially post-pandemic — we’ve added clients in California, Illinois, Texas, and beyond. Many of our DMV-based employers also have employees in other states, which brings added complexity when it comes to documentation. As you know, different states have different rules, so we have to stay mindful of where each employee works.
Jay Stafford:
Right. And that can get complicated fast if you have employees crossing various jurisdictions. Now, let’s talk about when a small business owner should really start thinking about HR. Is that day one? Or employee number five? Or later?
Kristyn Berger:
Even for smaller teams, HR is important. You may not have an HR person, but you still have HR functions — recruiting, onboarding, payroll, benefits, coaching, training. Smaller teams may not need ongoing HR consulting, but they should at least have an HR contact or an employment attorney they can call for compliance questions and process setup. We often help small teams set up their handbook, recruiting processes, and onboarding workflows.
By the time you hit 10, 15, or 20 employees, you usually need at least a fractional HR person. It becomes a numbers game. Early hires tend to be people you know and trust — friends, family, former colleagues. But by employee 10 or 20, you’re hiring people you have no prior relationship with, which changes the dynamic. Those later hires want more formal policies and protections — not handshake deals.
Jay Stafford:
Exactly. And once you start adding people who don’t know you personally, you need systems in place to ensure everyone is treated fairly and consistently. Now, why is documentation so often neglected, even by experienced managers and HR professionals?
Kristyn Berger:
A few reasons. First, lack of knowledge and confidence — people aren’t sure what or how to document, so they avoid it. Second, time — we’re all busy, and documentation gets pushed aside. Third, fear of conflict — some managers avoid documenting because it makes the issue feel more real and confrontational.
Jay Stafford:
Let’s dive into what good documentation actually looks like. Suppose you have an employee with performance or conduct issues, and there’s concern that they might later allege discrimination or something else. What do you want the documentation to include?
Kristyn Berger:
What I want to see is a consistent paper trail that starts as soon as the problem starts, not two months later. That documentation could include emails, written notes, formal write-ups, and performance improvement plans. It should be objective, specific, and fact-based.
For example, instead of writing “This employee is lazy,” document: “Jane has been late five times this week; here are the time records.” Avoid opinions like “poor attitude.” Instead, write: “I asked the employee to complete XYZ, and they refused,” or “They expressed displeasure to teammates about being assigned this task.” Facts go much further both in court and with the employee.
Jay Stafford:
Let’s also talk about text messages, Teams chats, and informal communications. When you’re working with clients, how do you advise them to handle those?
Kristyn Berger:
I always tell clients: don’t put anything in writing that you wouldn’t want read aloud in court, shared with your attorney, or printed in the press. Many business owners know emails and performance evaluations are discoverable, but they forget that text messages, Slack, and casual conversations are also fair game.
If you need to vent, vent to your attorney or HR professional — not in writing, and not to colleagues who aren’t part of management.
Jay Stafford:
Have you seen cases where good documentation has actually saved a company from a lawsuit?
Kristyn Berger:
Absolutely. Good documentation makes your job as an attorney much easier. Without solid documents, even the best attorney is fighting an uphill battle.
One big area where I’ve seen documentation save employers is in pay records. If an employee claims unpaid overtime, but you have clean timesheets and payroll records, that goes a long way. I’ve also seen situations where an employee claims discrimination, but the documentation clearly shows consistent performance issues that had nothing to do with protected characteristics.
Jay Stafford:
For small business owners who say, “I just don’t have time to do this,” what practical tips would you give them to make sure they’re still protecting themselves?
Kristyn Berger:
Do it in the moment. It saves you time in the long run and prevents misunderstandings. It’s much harder to piece together documentation weeks or months later.
Also, don’t overcomplicate it. A follow-up email after a conversation can suffice. For example: “Hey, as we discussed, you’ve been late several times in the past two weeks. Your shift starts at 9:00. Let’s be mindful of the schedule.” That’s quick, professional, and effective.
Finally, document early — even if you think it won’t escalate. Many managers only document once they think termination is imminent, but then it looks like you started documenting out of nowhere. Document early so you get credit for the coaching you’re doing.
Jay Stafford:
Right. And consistency is key. If employee #1 is late and gets coaching, employee #3 should get the same treatment even if they’ve been with you for 15 years.
Kristyn Berger:
Exactly. Consistency protects you legally and builds trust among employees. When managers only hold some people accountable, it leads to claims of favoritism or discrimination.
Jay Stafford:
What red flags do you see over and over again in performance reviews or write-ups?
Kristyn Berger:
One major red flag is when an employer says, “This person is underperforming,” but their recent performance review says, “Consistently exceeds expectations.” That creates a huge disconnect.
Another is overly generic or boilerplate evaluations that could apply to anyone. We also see reviews that are either entirely positive or entirely negative. Everyone has strengths and areas for development — a balanced, honest review is always best.
Jay Stafford:
How do you train managers to document properly?
Kristyn Berger:
We conduct training sessions on performance management for management teams. Consistency across managers is critical. If one manager is lax and another holds employees accountable, employees will talk and compare, which creates problems.
We teach managers that documentation isn’t just about formal evaluations or performance improvement plans. It includes follow-up emails, meeting notes, and private documentation of conversations. The key is to have a consistent, ongoing record — not just a single document you rely on when things escalate.
Jay Stafford:
Kristyn, before we conclude, what’s your final takeaway for small and mid-sized business owners?
Kristyn Berger:
Documentation is absolutely important from a legal perspective — it protects you in litigation and unemployment claims. But beyond legal protection, it’s just good management.
Performance management documentation, done well, is proactive coaching. It helps employees improve, and if improvement doesn’t happen, it ensures terminations aren’t a surprise. Employees who know they’ve been coached fairly are less likely to feel wronged or take legal action.
Clear documentation also sets expectations for the entire team. When one person is held accountable, everyone else sees that expectations apply across the board, which fosters a strong performance culture and minimizes resentment.
Jay Stafford:
Kristyn, thank you so much for your time today. I really enjoyed it. We’ll have to have you back. Thank you all for watching, and we’ll see you next time.
Kristyn Berger:
Thank you, Jay.