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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 topic 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. Learn best practices for managing the employee discipline and performance evaluation process. Gain 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 course will walk you through the process of drafting effective performance evaluations, performance improvement plans, disciplinary warnings, memos to file, and investigation reports, including disciplinary recommendations. This material 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, you will better understand how fair and effective documentation can promote more equitable employment decisions, thereby enhancing cooperation and teamwork, and increasing productivity.

96 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Why Document Employee Performance and Disciplinary Matters?

  • Legal Considerations
    • Preventing Legal Claims
    • Successfully Defending Legal Claims
  • Operational Considerations
    • Ensuring Consistency and Fairness

What to Document?

  • Discipline
    • Every Infraction?
    • Only Major Misconduct?
  • Performance:
    • Include Both Positive and Corrective Feedback
    • Don't Be Afraid to Be Honest

How to Document

  • What Information to Include
    • Importance of Being Specific
  • What Language to Use
    • Show Me vs. Tell Me
    • Accuracy, Objectivity, and Consistency
  • What Language to Avoid
    • Avoiding Code Words and Terms

Considerations for Drafting Common Types of Disciplinary and Performance Documents

  • Performance Evaluations
  • Performance Improvement Plans
  • Disciplinary Warnings
  • Memos to File
  • Investigation Reports and Disciplinary Recommendations
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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on November 16, 2020.

Call 1-866-352-9540 for further credit information.

  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     
  • HR Certification Institute 1.5
     
  • This E-Learning program has been approved for 1.5 (General) recertification credit hours toward aPHR(TM), aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM) and SPHRi(TM)recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
     
  • SHRM 1.5
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDC(s) for the SHRM-CP or SHRM-SCP.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

  • Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

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 practices and procedures to promote compliance with employment-related laws
  • Prepares employment, consulting and separation agreements, employment applications, employee handbooks, and stand-alone policies
  • Audits employers’ employment policies, procedures, and handbooks to ensure compliance with applicable laws and best practices
  • Conducts workplace training seminars for employees, managers, and human resources personnel
  • 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
  • Can be contacted at [email protected]
Susan Gross Sholinsky

Susan Gross Sholinsky

Epstein Becker & Green, P.C.

  • Partner in Epstein Becker & Green, P.C.’s New York office, and vice chair of its Employment, Labor & Workforce Management Practice, and of its Diversity & Professional Development Committee
  • Counsels clients on a variety of matters, in a practical and straightforward manner, with an eye toward reducing the possibility of employment-related claims
  • Conducts workplace training seminars for employees, managers, and human resources personnel, including compliant harassment avoidance and respect in the workplace training
  • Advises employers in all facets of the employment relationship, from pre-employment considerations and hiring to terminations and post-employment restrictions
  • Develops and audits employers' policies and procedures to ensure compliance with applicable federal, state, and local law and best practices
  • 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)
  • J.D. degree, Northwestern Pritzker School of Law; B.S. degree, Cornell University, College of Industrial and Labor Relations
  • Can be contacted at 212-351-4789 or [email protected]
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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Pay once and get a full year of unlimited training in any format, any time!

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  • State Specific Credit Tracker
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Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 407888
Published 2020
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