Defensive Documentation: The What, When, Why & How of Employment Documentation

recording Defensive Documentation: The What, When, Why & How of Employment Documentation

You Will Learn:

  • How documents written to or about employees can be used in litigation to undermine an employer’s legitimate employment actions
  • Best practice strategies to help make employers more careful and deliberate in their documentation of the life-span of the employment relationship
  • Documentation issues surrounding FEHA, Title VII and FMLA
Access the pre-recorded audio conference
$269.00
 

Warning to Employers: What You Write Can and Will Be Used Against You In a Court of Law

Your employee handbook; the offer letter; job descriptions; performance reviews; emails; texts; termination letters... when facing a judge and jury will these documents be helpful? Or can they be used against you?

Bad documentation is worse than no documentation at all. The content of your paper trail—including word choice—is key. And... timing is critical. In fact, there are times when documentation may actually increase your legal risk.

Learning Objectives

This practical program, intended for HR professionals and in-house employment counsel, will discuss real-life examples of:

  1. How documents written to or about employees (offer letters, job descriptions, performance reviews, investigation reports, emails, texts, tweets, etc.) can be used in litigation to undermine an employer’s legitimate employment actions, and
  2. Best practice strategies to help make employers more careful and deliberate in their documentation of the life-span of the employment relationship.

This critcal course will also address FEHA, Title VII and FMLA issues and will cover real-life litigation disputes regarding:

  • The beginning: offer letters, job descriptions and acknowledgments
  • The middle: consistency in the evaluation process; care and purposefulness in email communications; “facts”, “opinions” and “conclusions” in workplace investigations
  • The end: the termination process; the termination letter; and responding to administrative charges.

Product ID: 15604

Bonus Material

Plus, you get Employee Documentation: Best Practices for Developing and Maintaining Effective Documentation Practices – a $297 value – absolutely FREE!

Jam-packed with documentation guidelines, this comprehensive, 90 page guide provides easy-to-understand guidance for:

  • Creating Effective Documentation
  • Documentation Required Before Employment
  • Documentation Required During Employment
  • Post-Employment Documentation
  • Over-Documenting vs. Under-Documenting

 Your guide also includes finger-tip access to 25 extra pages of sample materials and relevant policy information.

  • Sample Acknowledgment Letter for Personnel File
  • Sample Documentation of a Performance Review
  • Sample Verbal Warning Letter
  • Sample Documentation Policy for Employee Handbook
  • Documentation Checklist for Managers

Discover How to Ensure Your Best Defense is a Good Documentation Offense!

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Faculty

Jacob W. Daniels
Jacob W. Daniels
Attorney, Southern California Edison Company
Emilio Gonzalez
Emilio Gonzalez
Davis Wright Tremaine LLP

Emilio Gonzalez is an experienced trial attorney who has won jury verdicts on behalf of employers in state and federal courts involving civil rights, discrimination and wrongful termination claims. He provides preventive counseling on hiring and managing employees, as well as compliance with state and federal wage and hour laws, the Fair Employment and Housing Act (FEHA), the California Family Rights Act (CFRA), Title VII, the Family Medical Leave Act (FMLA), the American with Disabilities Act (ADA), and other employment laws.

Continuing Education Units

  • hrci

    HRCI – Receive 1.25 recertification credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI). For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org.

    “The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute’s criteria to be pre-approved for recertification credit.”

  • shrm

    C4CM is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.25 PDCs for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please visit www.shrmcertification.org.

Discover How to Ensure Your Best Defense is a Good Documentation Offense!

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