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Live Webinar

90-minute live streaming program
  • November 16
  • 1:00 - 2:30 pm EST

Also available as:

OnDemand Course

Effective Strategies to Document Employee Discipline

November 16

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.

Learning Objectives

  • You will be able to describe the importance of creating effective documentation of employee discipline and the consequences of failing to do so.
  • You will be able to define the type of information should be included in disciplinary documentation.
  • You will be able to discuss how to avoid creating documents that can eventually hurt the employer.
  • You will be able to explain how to properly draft disciplinary warning letters, performance improvement plans, and other common performance and disciplinary documents.

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Why Lorman?

Over 33 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 33 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

This course was last revised on December 20, 2017.

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

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

Live Webinar Registration

  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • 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.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of Law & Legal Procedure credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8 including Law Office Management 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • HR Certification Institute 1.5
     
  • This 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. For more information about certification or recertification, please visit www.shrmcertification.org.
     
  • CPE 1.8 including Personnel/HR 1.8
     
  • Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: https://www.nasbaregistry.org/cpas/complaints. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.8 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Personnel/HR for 1.8 hours. Prerequisite: basic knowledge of employment laws. Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board. Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
     

Who should attend?

This live webinar is designed for human resource managers, payroll and benefits professionals, employee relations managers, business owners and managers, presidents, vice presidents, controllers and attorneys.

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Why Lorman?

Over 33 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 at the federal, state, and local level
  • Advises on all aspects of the employment relationship, reorganizations, leave entitlements, independent contractor issues, and employment-related COVID-19 matters
  • Ann 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
  • Can be contacted at 629-802-9255 or [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 33 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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Product ID: 407888
Published 2017, 2020
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