If It Isn't Written, It Didn't Happen! How Can Employers Create Litigation Proof Decisions!
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Date
Jun 30, 2023 -
Time
13:00 PM EST -
Duration
90 Min
Overview:
Many HR Professionals
and supervisors have difficulty documenting negative performance and proper
disciplinary actions for many years. Even the best of supervisors finds this
part of the disciplinary action as uncomfortable or anxiety provoking.
Moreover, incorrect documenting of negative behavior or lack of documentation
can be an Employer’s nightmare. It can also lead to litigation and other
scrutiny and allegations of discrimination and wrongful termination which can
impact an organization’s reputation and can deliver huge fines and penalties.
There are federal and
state laws that determine what documentation is needed, were it should go, and
who sees it. Moreover, there are documentation mandates for Employers when it
comes to COVID-19, vaccines documents and different medical documents that can
be used to confirm vaccine information. There are clear guidelines for
Employers to ensure they follow the medical guidelines as well as the legal
written policy to avoid litigation.
It is clear that
documentation is key in the workplace. When it comes to written documentation,
employers should ensure that they stick to factual documentation versus coming
to a generalized legal conclusion, such as the employee committed harassment or
discrimination. In order to terminate an
employee, generally all that is needed is to show the employee violated a
policy. If the employer documents what
they believe is a legal conclusion, this can be an admission of legal liability
vs. an internal policy violation.
Session Highlight:
· What documentation is
allowed when confirming COVID-19 vaccine status
· What should be avoided when it comes to documentation of medical information
· What documents should be in the personnel file and what should be out
· How many files should an Employers have for employees?
· Written Documentation Myths and Facts
· Why is documentation one of the most difficult aspects of employee relations?
· What are the elements of an effective documentation?
· What policies and procedures must be included in an Employee Handbooks to support decisions to document any disciplinary action?
· What key issues must be addressed when documenting negative behavior?
· Should you include different incidents in an employee write up?
· What can an employee do if they do not agree, or they want to explain their side of the situation?
· Instructions for Establishing a Performance Improvement Plan (PIP) PIP Template
· How can supervisors increase their success when writing corrective actions?
· Learn to create a written warning and disciplinary actions that withstand legal scrutiny
· Review the elements that have to be included in a written warning/disciplinary action
· What fines and penalties can be levied if no one documents performance?
· Dos and Don’ts of documentation
· The importance of the Employee Handbook and the consistency of tracking behaviors.
Why Should You Attend:
Creating a solid
documentation trail is critical for employers when working with an employee on
performance issues. Documentation creates a written history of the happenings
and discussions that occur around specific events. In a legal proceeding,
having documentation about the employee’s past performance is key to obtaining
an outcome favorable to the employer.
Most employers have a
progressive discipline policy that involves providing feedback in series of
increasingly more formal communications starting with verbal warnings and
ending with written warnings prior to a termination decision. Determining how,
when, and what to include in performance documentation can often be tricky.
Benefits For Attending:
This training will provide you overall information regarding documentation and related litigations. In addition, each training I offer free customized compliance tools for all attendees. Also get:
· SHRM Recertification
& HRCI PDU Credits
· Free customized compliance tools in the form of guides, templates, policies, toolkits
· Additional Supplemental Slides
· Free answer to all questions even after the training ends
Who Should Attend:
· All Employers
· Business Owners
· Company Leadership
· Compliance Professionals
· HR Professionals
· Payroll Professionals
· Office Managers
· Legal Counsel
· Managers/Supervisors
· Employers in all industries
Ask your question
directly from our expert during the Q&A session following the live event.
Margie Faulk is a senior level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public, Non-profit sectors and International compliance. Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties from violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural.
Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, Immigration compliance, employee handbook development, policy development, sexual harassment investigations/certified training, SOX regulations, payroll compliance, compliance consulting, monitoring US-based federal, state and local regulations, employee relations issues, internal investigations, HR management, compliance consulting, internal/external audits, and performance management.
Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).
1.5 SHRM-CP & 1.5 HRCI Credits