Importance of Proper Documentation and Retention

Overview:
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?

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?

Areas Covered in the Session:

• 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

Who Will Benefit:

• HR Generalists and Associates
• Small Business Owners
• HR Managers
• Managers
• Management
• Business Owners
• Training Director

Instructor: Susan Fahey Desmond is a Principal in the New Orleans, Louisiana, office of Jackson Lewis P.C which has offices in 59 cities across the country. She has been representing management in the area of labor and employment law since her graduation from the University of Tennessee School Of Law. She is a frequent speaker and author on a number of labor and employment issues. She is named in Best Lawyers in America and has been named by Chambers USA as one of America's leading business lawyers for labor and employment law.