Documenting Misconduct that Will Stand Up in Court
Susan Fahey Desmond is a principal with Jackson Lewis PC. She has been representing management in all areas of labor and employment law for over 30 years. A noted author and speaker, Ms. Desmond is listed in Best Lawyers in America and has been named by Chambers USA as one of America’s leading business lawyers.
As a labor and employment law attorney, you are always reviewing documentation that supports your client’s version of what happened. As a human resource professional, you look at documentation so that you can approve a termination recommended by the supervisor. But as a supervisor, your focus is usually more on getting production done, and you “forget” to document that you had to tell a subordinate three times to do a task. You put off doing those performance appraisals. What are they used for anyway? And, as a supervisor, you are often documenting misconduct or performance issues of someone you once worked with side by side. Is documentation easy? No. Is it critical? Yes. But how do you do it right?
- Why policies and procedures are an important part of the documentation
- What policies/procedures are legally required before misconduct occurs
- What policies/procedures are recommended before misconduct occurs
- Can you discipline if you don’t have a policy/procedure with regard to a particular problem?
- Why not understanding the difference between misconduct/performance can hurt you in the documentation
- How to fill out a performance appraisal properly?
- Real-life lessons from actual court cases - what went right in the documentation?
- Real-life lessons from actual court cases - what went wrong in the documentation?
- How and when to dispose of documents?
- What should a document retention program contain?
Who Should Attend
Human resource managers, supervisors, risk managers, general counsel.