Employment Documentation in California: Avoid Costly Mistakes with Defensible Drafting Strategies
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What's one of HR's secret weapons for defending discrimination or retaliation charges? The answer is well-written, objective HR documentation that accurately and succinctly chronicles the employee's performance, conduct, or attendance issues. Just ask any labor and employment attorney, and they'll tell you that one of the keys to being able to defend litigation in California rests in sound HR documentation practices. Discrimination charges are on the rise, according to recent EEOC stats. The DOL is cracking down on wage and hour violations, and auditors with ICE are singling out businesses and poring over I-9s and other employment records, looking for mistakes in documentation.
Consider this example: The town of Elkton, Maryland, will pay $235,000 to settle an age discrimination case in which the EEOC concluded that "a loyal and successful" employee was fired because of his age.
This case clearly illustrates that arbitrary decisions to terminate or take adverse employment actions against protected class members will be closely scrutinized - and if you don't have evidence to back up your decision, you could face similar penalties. Learn the latest documentation strategies and techniques so you can stay informed and in compliance.
Participate in this interactive webinar, and you'll learn:
- The key components that all good progressive-discipline documents, including warnings, disciplinary notices, or termination letters, share
- The practices you should put in place so your employment documentation is consistent and fair
- How to accurately convey employment objectives, expectations, and policy violations, as well as the consequences of not improving on performance issues
- Language to use so employees are being held accountable for improving their own performance or conduct
- How to document attendance issues following the expiration of workers' protected leave under California federal leave laws
- How to handle a situation where there may be a medical or psychological reason behind a worker's performance or conduct-related issues so you don't violate the ADA or FEHA
- Examples of how poor documentation practices could come back to bite your organization
- And much more!
In just 90 minutes, you'll learn how to draft legally defensible employment documents to help protect you against lawsuits. Register now for this timely event risk-free.
About your presenter:
Attorney Dan Ko Obuhanych is with the Mountain View, California, office of law firm Fenwick &West LLP. His litigation practice focuses on labor and employment law, litigating wage and hour suits, unfair labor practice claims, discrimination/retaliation lawsuits, grievance/arbitration matters, and EEOC/DFEH charges.
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All US States: 1.5
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