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Importance of Documentation and Record Retention
- Strategies for effective documentation.
- Performance and Disciplinary Documentation Pitfalls.
- Documentation Dangers to Avoid
- The Importance of Knowing the Difference between Misconduct and Performance Issues.
- What You Should Say in Termination Documents.
- Documenting Performance Improvement Plans and Using Them Effectively.
- Advantages and Disadvantages of Performance Evaluations (and why some attorneys are saying don't do them anymore).
- Why Courts and Agencies Are Reviewing Your Performance Evaluations with Greater Scrutiny.
- Record Retention Requirements under the Law.
- How to Have an Effective Record Retention Policy
- How to Work with Your Attorney When Litigation Calls
Overview of the webinar
Document, document, document. Every employment attorney preaches this word to their clients. Not all documentation, however, is the same. Yes, employment attorneys want you to document - but only if you do it right. Good documentation helps you win lawsuits. Bad documentation will inevitably help your former employee win his/her lawsuit against your company.
So how do you document so that it will hold up in court? Of course, we don't want to keep documentation around too long - particularly if it is bad documentation. How long does the law require you to keep documents? And, if you get notice of a claim being filed against you, what steps must your organization take to ensure that documentation is not destroyed?
Who should attend?
- Human Resource Managers
- Human Resource Supervisors
- Company Owners
- Senior Management
Why should you attend?
You know you were justified in terminating that employee. Unfortunately, your documentation doesn't reflect it, and judges/juries seem to give more credence to documentation than testimony. Don't let poor documentation lose your lawsuit. But would be plaintiffs do have limitation periods to bring lawsuits, and you don't want to keep that documentation around too long? When can you destroy documentation? If you guess wrong, you may be facing one angry judge. Judges are becoming increasingly angry over companies failing to keep documentation relevant to the litigation, and they are showing their anger. Judges are imposing significant sanctions and even default judgments without regard to liability in particularly egregious cases. So when you destroy documentation legally?
Faculty - Ms.Susan Fahey Desmond
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. Ms. Desmond is listed in Best Lawyers in America and has been named by Chambers USA as one of America’s leading business lawyers. She has been representing management in the area of labor and employment law since her graduation from the University of Tennessee School Of Law.
Ms. Desmond specializes in the areas of labor and employment and civil litigation, including representing employers in Family and Medical Leave cases, discrimination claims and handling EEOC charges and other administrative complaints through the administrative and judicial process.