If It Isn't Written, It Didn't Happen! How Can Employers Create Litigation Proof Decisions!

Overview

Many HR Professionals and supervisors have difficulty documenting negative performance and proper disciplinary actions for many years. Even the best of supervisors finds this part of the disciplinary action as uncomfortable or anxiety provoking. Moreover, incorrect documenting of negative behavior or lack of documentation can be an Employer’s nightmare. It can also lead to litigation and other scrutiny and allegations of discrimination and wrongful termination which can impact an organization’s reputation and can deliver huge fines and penalties.

There are federal and state laws that determine what documentation is needed, were it should go, and who sees it. Moreover, there are documentation mandates for Employers when it comes to COVID-19, vaccines documents and different medical documents that can be used to confirm vaccine information. There are clear guidelines for Employers to ensure they follow the medical guidelines as well as the legal written policy to avoid litigation.

It is clear that documentation is key in the workplace. When it comes to written documentation, employers should ensure that they stick to factual documentation versus coming to a generalized legal conclusion, such as the employee committed harassment or discrimination.  In order to terminate an employee, generally all that is needed is to show the employee violated a policy.  If the employer documents what they believe is a legal conclusion, this can be an admission of legal liability vs. an internal policy violation.

Why you should Attend

Creating a solid documentation trail is critical for employers when working with an employee on performance issues. Documentation creates a written history of the happenings and discussions that occur around specific events. In a legal proceeding, having documentation about the employee’s past performance is key to obtaining an outcome favorable to the employer.

Most employers have a progressive discipline policy that involves providing feedback in series of increasingly more formal communications starting with verbal warnings and ending with written warnings prior to a termination decision. Determining how, when, and what to include in performance documentation can often be tricky.

Areas Covered in the Session

• What documentation is allowed when confirming COVID-19 vaccine status
• What should be avoided when it comes to documentation of medical information
• What documents should be in the personnel file and what should be out
• How many files should an Employers have for employees
• Written Documentation Myths and Facts
• Why is documentation one of the most difficult aspects of employee relations?
• What are the elements of an effective documentation?
• What policies and procedures must be included in an Employee Handbooks to support decisions to document any disciplinary action?
• What key issues must be addressed when documenting negative behavior?
• Should you include different incidents in an employee write up?
• What can an employee do if they do not agree or they want to explain their side of the situation?
• Instructions for Establishing a Performance Improvement Plan (PIP) PIP Template
• How can supervisors increase their success when writing corrective actions?
• Learn to create a written warning and disciplinary actions that withstand legal scrutiny
• Review the elements that have to be included in a written warning/disciplinary action
• What fines and penalties can be levied if no one documents performance
• Dos and Don’ts of documentation
• The importance of the Employee Handbook and the consistency of tracking behaviors

Who Will Benefit

• All Employers
• Business Owners
• Company Leadership
• Compliance professionals
• HR Professionals
• Managers/Supervisors
• Employers in all industries
• Small Business Owners