Documenting Misconduct that Will Stand Up in Court
You’ve heard it all the time – DOCUMENT, DOCUMENT, DOCUMENT. But what if that documentation hurts you in court? Keep in mind that plaintiffs’ attorneys will go over your documentation with a fine-tooth comb to find ways that your documentation helps their case rather than your case. In this webinar, you will learn how to word your documentation so that it will stand up in court. We will also discuss why documentation is important to convince a jury that you made the right decision.
- Learn how to write disciplinary actions that will help you in court.
- Learn why it is important to distinguish between performance and misconduct.
- Learn the ABCs of documentation.
- Learn the goals of every disciplinary procedure.
- Learn document termination decisions.
- Does the employment-at-will doctrine help you when it comes to documentation?
- Myths that employees and jurors believe.
- Performance and disciplinary documentation pitfalls.
- Characteristics of good documentation.
- Worst mistakes in documentation.
- Using email to document.
- Requirements for keeping documentation for recordkeeping purposes.
DOCUMENT, DOCUMENT, DOCUMENT. Labor and employment attorneys will state this over and over (and, frankly, in all capital letters). But what if that documentation hurts you in court rather than helps you? Good documentation will help you win in court. Bad documentation will ensure that you lose in court. What about no documentation at all? You should keep in mind that documentation has a dual purpose – to coach your employee and to support your case that termination was your only option when you have exhausted all other possible options.
- Human resource professionals.
- Supervisors.
- Human resource generalists.
- In-house counsel.
Susan Fahey Desmond is a partner with McGlinchey Stafford, PLLC which has offices in 33 states across the country. She has been representing management in all areas of labor and employment law for over 35 years. A noted author and speaker, Susan is listed in Best Lawyers in America and has been named by Chambers USA as one of America’s leading business lawyers
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