Documentation Matters, but Timing and Content Are Key: Lessons from Ramsey

By: Melinda R. Newman
 
Over the years, employment lawyers have often advised their clients to document employee performance problems. That remains sound advice. But when the time comes for an employer to defend itself in litigation, cases are often won or lost on the basis of documentation. The best documentation demonstrates that an employer has maintained an accurate record of events and engaged with the employee in a manner that is both timely and consistent. The United States Court of Appeals for the Fifth Circuit recently drove that point home in Ramsey v. San Jacinto College District, No. 25-20195 (5th Cir. Aug. 5, 2026).

What’s the Back Story?

Jennifer Ramsey began working for San Jacinto College District (“SJCD”) in 2005. During her employment, she received four promotions and positive performance reviews. Beginning in 2018, Ramsey experienced a serious medical condition that affected her vision, hearing, balance, and cognitive functions. Ramsey took Family and Medical Leave Act (“FMLA”) leave from November 2020 through January 4, 2021, for surgery and recovery. After Ramsey returned from leave, the situation became complicated for the employer. Here are the highlights:

• January 15, 2021: Eleven days after she returned from leave, Ramsey’s supervisor issued a “Letter of Expectations” addressing her two late arrivals on January 13 and 15. The letter also stated that Ramsey had arrived late “many times over the past several months,” even though she had been on FMLA leave during much of that period. It was the first written complaint Ramsey had received about her work in almost 16 years of employment. The same supervisor then nominated Ramsey for a “COVID-19 Hero” award.
• March 2021: Ramsey’s accommodation request was approved, allowing her to start work an hour later every day to help her with arriving at work on time.
• April to May 2021: Ramsey was late for work, missed a meeting, and missed a deadline.
• July 2021: In an annual performance review, though she was encouraged to improve her communication and punctuality but received an overall rating of “valuable.”
• September 7, 2021: Ramsey returned from a second FMLA leave and received approval for intermittent leave, including leave for migraine flare-ups.
• September through November 2021: SJCD documented Ramsey’s multiple late arrivals, missed meetings, failures to communicate, and untimely reports.
• November 4, 2021: SJCD issued Ramsey a disciplinary notice stating that she had been “unprofessional” by speaking in an elevated tone, but the notice omitted Ramsey’s explanation that her hearing impairment affected the volume of her voice.
• November 29, 2021: Ramsey’s requests for office lighting changes and a specialized headset were acknowledged by Human Resources.
• December 3, 2021: SJCD terminated Ramsey’s employment.

What Did the Fifth Circuit Decide?

In a divided decision, the court reversed summary judgment on Ramsey’s claims for disability discrimination and retaliation under the Americans with Disabilities Act (“ADA”) and her retaliation claim under the FMLA. The issue here was not lack of documentation. Indeed, the employer’s file reflected 27 alleged performance or conduct deficiencies during Ramsey’s final year of employment. What’s more, Ramsey missed deadlines and reported late arrivals for reasons that had no apparent connection to her medical conditions. Some of her explanations included traffic, forgetting something at home, a tire problem, a visit from her daughter, and what she described as “rodent carnage” at her home. Nevertheless, the majority concluded that other evidence could allow a reasonable jury to question whether the employer’s stated reasons for termination were complete and truthful.

What Should Employers Take Away from Ramsey?

• Documentation Must Be Accurate: Before issuing disciplinary actions, verify every fact included in the notice. Carefully consider whether an employee’s leave dates should be accounted for or referenced in the document.
• Evaluations and Discipline Should Tell a Consistent Story: Rating an employee’s overall performance favorably while documenting multiple performance problems during the same period can be viewed by a judge as inconsistent. The goal is to maintain a fair and accurate record that acknowledges positive performance while highlighting the employee’s material deficiencies.
• Consider the Impact of an Employee’s Disability on Performance: A disability does not excuse every missed deadline, late arrival, error, or inappropriate interaction; however, employers should nevertheless consider whether an incident may be related to a known limitation or pending accommodation request. The record should reflect that the employer evaluated whether an accommodation could help the employee satisfy the applicable performance standard in the future.
• Address Accommodation Requests Promptly: Before terminating an employee with an unresolved accommodation request, an employer should consider whether it has fully engaged in and documented a good-faith interactive process. If the employee’s deficiencies are unrelated to the requested accommodation, or if no reasonable accommodation would enable the employee to perform the essential functions of the position, termination may remain appropriate. But the employer’s documentation should thoughtfully explain that analysis.

If your business would like more specific guidance in navigating a workplace issue or business dispute, reach out to Melinda. As an experienced advisor and seasoned litigator, Melinda represents employers in a wide range of employment matters, including discrimination, non-competition, wage and hour, leaves of absence, and accommodations. She also represents companies in trade secret, contract, and business tort litigation by providing efficient, high-quality advocacy that meets her clients’ business goals. Reach out at (806) 345-6311 or mnewman@bf-law.com.

This article is for informational purposes only and does not constitute legal advice or establish an attorney-client relationship. This article was prepared on a specific date, and the law may have changed since it was written. You should contact your attorney to obtain advice with respect to your specific legal issue and needs.

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