If It Isn't Written, It Didn't Happen! How Can Employers Create Litigation Proof Decisions!

If it isn't written, it didn't happen. Many HR professionals and supervisors find documenting poor performance and discipline uncomfortable, yet missing or incorrect documentation can lead to lawsuits, discrimination and wrongful termination claims, damage to reputation and large fines.

This 90-minute employee documentation webinar explains the federal and state rules on what must be documented, where it goes and who can see it, including rules for medical and COVID-19 vaccine records. A key point: record facts, not legal conclusions. To terminate, an employer usually only needs to show a policy violation, and calling conduct harassment or discrimination in writing can read as an admission of liability.

You'll also learn the elements of effective write-ups, how to set up a performance improvement plan and how to build warnings that stand up to legal scrutiny.

• Decide what belongs in the personnel file and how to handle medical and vaccine records
• Describe the elements of effective, factual documentation
• Avoid writing legal conclusions that could suggest liability
• Write warnings and disciplinary actions that withstand legal scrutiny
• Set up a performance improvement plan using a template
• Support documentation with consistent employee handbook policies

Personnel files and medical records

• What documentation is allowed when confirming COVID-19 vaccine status
• What to avoid when documenting medical information
• What belongs in the personnel file and what does not
• How many files employers should keep for each employee

Documentation basics

• Written documentation myths and facts
• Why documentation is one of the hardest parts of employee relations
• The elements of effective documentation
• Handbook policies and procedures that support documented disciplinary action
• Key issues when documenting negative behavior
• Whether to include different incidents in one write-up
• What employees can do if they disagree or want to give their side

Warnings, PIPs and risk

• How to set up a performance improvement plan (PIP), with a PIP template
• How supervisors can write better corrective actions
• Creating written warnings and disciplinary actions that withstand legal scrutiny
• Required elements of a written warning or disciplinary action
• Fines and penalties when performance is not documented
• Do's and don'ts of documentation
• The importance of the employee handbook and consistent tracking of behavior

A solid documentation trail creates a written history of events and discussions, and in a legal proceeding it is key to an outcome in the employer's favor. Most employers use progressive discipline, moving from verbal to written warnings before termination, but deciding how, when and what to document is often tricky.

This session suits HR and compliance professionals, managers, supervisors, business owners and company leaders in any industry.

• All Employers
• Business Owners
• Company Leadership
• Compliance professionals
• HR Professionals
• Managers/Supervisors
• Employers in all industries
• Small Business Owners

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 and Non-profit sectors.  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 is a speaker and accomplished trainer and has created and presented compliance seminars/webinars for over 16 US and International compliance institutes. Margie has testified as a compliance subject matter expert (SME) for several regulatory agencies and against regulatory agencies, thank goodness not on the same day. Margie offers compliance training to HR professionals, business owners, and leadership to ensure compliance with workplace and regulations. 
Margie’s unique training philosophy includes providing free customized tools for all attendees. These tools are customized and have been proven to be part an effective risk management strategy. Some of the customized tools include the I-9 Self Audit. Correction and Storage program, Ban the Box Decision Matrix Policy that Employers can provide in a dispute for allegations, Family Medical Leave Act (FMLA) Compliance Guide, Drug-Free Workplace Volatile Termination E-Book and other compliance program tools when attendees register and attend Margie’s trainings.
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).