One of the best ways for a child care program to lose an employment-related lawsuit is failure to document the performance of its employees. Documentation of an employee's performance can provide evidence of an employment-related decision such as discipline, promotion, or discharge. When properly implemented, documentation of employee performance can be an employer's most valuable tool in avoiding and defending against employment-related lawsuits. However, without proper documentation, employers can find themselves in court, struggling to justify their employment-related decisions. To guard against these potential pitfalls, employers are encouraged to regularly and consistently document employee performance and conduct. Periodic employee performance evaluations should be honest and accurate. Many employers have a tendency to include only positive comments on employee evaluations, even when an employee's performance has been sub-par. This article presents some basic guidelines employers can follow to maintain credible and reliable documentation of employee performance and conduct.