Documenting Misconduct that Will Stand Up in Court ( In-Person Seminar )
Session 1: Documentation
- Why policies and procedures are an important part of 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 documentation.
- How to fill out a performance appraisal properly.
- Real life lessons from actual court cases – what went right in documentation?
- Real life lesions from actual court cases -- what went wrong in documentation?
Session 2: Investigations
- Triggering the Investigation
- Who Should Investigate?
- Conducting a Proper Investigation
- How to Determine Credibility
- Gathering the Documents You Need
- Writing the Investigative Report
Session 3: Avoiding Retaliation Claims
- What is Protected Activity?
- Disciplining those Who Engage in Protected Activity
- Terminating Those Who Are Protected “But For” Their Protection
- Real Life Cases Demonstrating an Employer’s Good Faith Belief in Misconduct
Session 4: Recordkeeping
- What Records You Must Keep
- How Long You Should Keep Records
- Where You Should Keep Records
- Writing a Solid Recordkeeping Retention Policy
Session 5: Responding to Agencies
- Responding to the Unemployment Office
- Responding to the Equal Employment Opportunity Commission
- Why What You Say to Agencies Can Hurt You in Court
- How Plaintiff Attorneys Are Using Your Position Statements 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 side by side. Is documentation easy? No. Is it critical? Yes. But how do you do it right?