Employment Documentation: Avoid Costly Mistakes With Defensible Drafting Strategies
|Date / Time:
You fire an employee for poor performance. He then sues you for race discrimination and retaliation for filing a charge with the EEOC. Will you have the documentation to back up your decision, and avoid a costly judgment?
Whether it’s a discrimination claim, a retaliation claim, or both, the story is the same. It’s your word against the word of the employee, unless you have solid documentation to support the reasons for your decision.
The EEOC, a judge, or a jury will scrutinize the records that you should have kept outlining the actions that led to the firing, discipline, or other adverse employment action. But even thorough written documentation could get you in hot water if it hints at subjectivity or makes you seem unreasonable (or biased).
What makes your documentation good or bad? What should you include in any write-up, and what should you never say?
Join us when our presenter, attorney Susan Fentin of Skoler, Abbott, & Presser, will provide practical and comprehensive tips for creating written employment documentation on performance, conduct, and disciplinary issues in a way that’s objective and, most importantly, legally defensible.
About Your Presenter
- Master the toughest aspects of employment documentation
- Address performance and conduct-based issues with actionable language that focuses on the behavior—not the person
- Include the right amount of detail in describing the employee’s actions
- Follow up with the employee to evaluate whether necessary progress has been made
- Plan the next steps if the employment issue isn’t improving, and document your decisions accurately and effectively
- And much more!
Susan Fentin, Esq.
Skoler, Abbott, & Presser, P.C.
Susan Fentin joined Skoler, Abbott, & Presser in 1999 after practicing for several years with the Labor and Employment department of a large Hartford, Connecticut law firm. She was made a Partner at Skoler, Abbott & Presser, P.C., in 2004. Prior to attending law school, Ms. Fentin had a long career in advertising and marketing. As a former business owner herself, she has unique insight into the employment problems faced by business owners. Ms. Fentin has been recognized as a Super Lawyer since 2008, and since 2010, she has been named one of the top labor and employment attorneys in Massachusetts by the prestigious Chambers and Partners rating organization. In 2015, she was honored as one of the Top 50 Women Attorneys in Massachusetts.
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|Licenses / Designations / Educational Credits:||PHR / SPHR Re-Certification Credits|
All US States: 1.5
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|Keywords For This Course:|
documentation, EEOC, employment documentation, compliance
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