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Effective Strategies to Document Employee Discipline - Webinar (Recorded)

  • Webinar

  • 65 Minutes
  • January 2024
  • Lorman Business Center, Inc.
  • ID: 5920675

Keep your company out of hot water by making sure you have the appropriate documentation when disciplining an employee.

Many employers faced with responding to wrongful termination, discrimination, retaliation, or related complaints lack the requisite documentation to support disciplinary actions. Documenting employee misconduct and performance issues can support future adverse employment decisions, and show that the employer took the necessary and appropriate steps to address and correct any performance or disciplinary issues. This program will equip managers and human resources professionals with the know-how and tools to create effective documentation that supports negative employment actions taken in response to disciplinary or performance problems. Participants will learn best practices for managing the employee discipline and performance evaluation process.

Specifically, participants will have an understanding of documentation basics, such as the type of information that should - and should not--be included in the documentation of disciplinary warnings and performance reviews. Using real-life examples, this program will walk participants through the process of drafting effective performance evaluations, performance improvement plans, disciplinary warnings, memos to file, and investigation reports, including disciplinary recommendations. This topic is critical for employers to protect their business, ensure that they have established a record of problematic behavior to support any disciplinary action, and defend against administrative charges and lawsuits that challenge the employer’s justifications for its actions. As an added bonus, participants will better understand how fair and effective documentation can promote more equitable employment decisions, thereby enhancing cooperation and teamwork, and increasing productivity.

Learning Objectives

  • You will be able to describe the importance of creating effective documentation of employee discipline and the consequences of failing to do so.
  • You will be able to define the type of information that should be included in disciplinary documentation.
  • You will be able to discuss how to avoid creating documents that can eventually hurt the employer.
  • You will be able to explain how to properly draft disciplinary warning letters, performance improvement plans, and other common performance and disciplinary documents.

Agenda

Why Document Employee Performance and Disciplinary Matters?

  • Legal Considerations
  • Operational Considerations

What to Document?

  • Discipline
  • Performance

How to Document

  • What Information to Include
  • What Language to Use
  • What Language to Avoid

Considerations for Drafting Common Types of Disciplinary and Performance Documents

  • Performance Evaluations
  • Performance Improvement Plans
  • Disciplinary Warnings
  • Memos to File
  • Investigation Reports and Disciplinary Recommendations

Speakers

  • Ann Knuckles Mahoney
  • Ann Knuckles Mahoney,
    Epstein Becker & Green, P.C.


    • Attorney in the Employment, Labor & Workforce Management practice in the Nashville office of Epstein Becker & Green, P.C.
    • Counsels employers in a variety of industries in all aspects of employment law to develop policies, practices, and procedures that comply with federal, state, and local employment-related laws
    • Prepares employment, consulting and separation agreements; employment applications; employee handbooks; and stand-alone policies
    • Assists in defending employers in labor and employment-related litigation in a broad array of matters, such as discrimination, harassment, retaliation, and wage and hour disputes
    • Previously worked as a judicial intern for the Honorable Margo K. Brodie in the U.S. District Court for the Eastern District of New York
    • Can be contacted at aknuckles@ebglaw.com

  • Kamil Gajda
  • Kamil Gajda,
    Epstein Becker & Green, P.C.


    • Attorney in the Employment, Labor & Workforce Management practice in Epstein Becker & Green, P.C.’s New York office
    • Conducts research and defends employers in single-plaintiff employment litigations.
    • Prepares employment, consulting, and separation agreements; employee handbooks; leave policies; and other stand-alone policies
    • Assists attorneys in counseling employers on best practices and procedures for effectively complying with employment-related laws across the United States
    • Previously clerked for the Honorable Michael A. Hammer, U.S.M.J., and Honorable Kevin McNulty, U.S.D.J., for the U.S. District Court for the District of New Jersey

Who Should Attend

This live webinar is designed for human resource managers, payroll and benefits professionals, employee relations managers, business owners and managers, presidents, vice presidents, controllers, and attorneys.