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Effective Strategies to Document Employee Discipline


Keep your company out of hot water by making sure you have the appropriate documentation when disciplining an employee.

Many employers faced with responding to wrongful termination, discrimination, retaliation, or related complaints lack the requisite documentation to support disciplinary actions. Documenting employee misconduct and performance issues can support future adverse employment decisions, and show that the employer took the necessary and appropriate steps to address and correct any performance or disciplinary issues. This program will equip managers and human resources professionals with the know-how and tools to create effective documentation that supports negative employment actions taken in response to disciplinary or performance problems. Participants will learn best practices for managing the employee discipline and performance evaluation process. Specifically, participants will have an understanding of documentation basics, such as the type of information that should--and should not--be included in the documentation of disciplinary warnings and performance reviews. Using real-life examples, this program will walk participants through the process of drafting effective performance evaluations, performance improvement plans, disciplinary warnings, memos to file, and investigation reports, including disciplinary recommendations. This topic is critical for employers to protect their business, ensure that they have established a record of problematic behavior to support any disciplinary action, and defend against administrative charges and lawsuits that challenge the employer's justifications for its actions. As an added bonus, participants will better understand how fair and effective documentation can promote more equitable employment decisions, thereby enhancing cooperation and teamwork, and increasing productivity.



Ann Knuckles Mahoney

Ann Knuckles Mahoney

Epstein Becker & Green, P.C.

  • Attorney in the Employment, Labor & Workforce Management practice in the Nashville office of Epstein Becker & Green, P.C.
  • Counsels employers on how to comply with employment-related laws at the federal, state, and local level
  • Advises employers on all facets of the employment relationship, from pre-employment considerations and hiring to terminations and post-employment restrictions
  • Counsels employers with respect to the avoidance of employment-related disputes, employee discipline, leaves of absence, accommodation requests, and termination of employment (including voluntary and involuntary reductions in force)
  • Prepares employment, consulting, and separation agreements; employment applications and background check forms; employee handbooks; and stand-alone policies
  • Previously worked as a judicial intern for the Honorable Margo K. Brodie in the U.S. District Court for the Eastern District of New York
  • J.D. degree, Brooklyn Law School; B.S. degree, University of Pennsylvania, Wharton School
  • Can be contacted at 615-561-6041 or [email protected]
No photo available

Kamil Gajda

Epstein Becker & Green, P.C.

  • Attorney in the Employment, Labor & Workforce Management practice in Epstein Becker & Green, P.C.’s New York office
  • Conducts research and defends employers in single-plaintiff employment litigations.
  • Prepares employment, consulting, and separation agreements; employee handbooks; leave policies; and other stand-alone policies
  • Assists attorneys in counseling employers on best practices and procedures for effectively complying with employment-related laws across the United States
  • Previously clerked for the Honorable Michael A. Hammer, U.S.M.J., and Honorable Kevin McNulty, U.S.D.J., for the U.S. District Court for the District of New Jersey
  • Can be contacted at 212-351-4761 or [email protected]

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