Make sure you are correctly documenting employee's performance to protect you from a potential lawsuit.
You may have had the urge to say to an employee, ‘I've had it with your performance. You're fired.' But wait - have you correctly documented the employee's performance to support your position in a potential lawsuit?
This topic will assist you in understanding what to do and not do when documenting an employee's performance. Termination is one of the most difficult things a manager must do and that is why managers give leniency on performance. Documentation of the employee's performance is critical and can make the difference between a defense verdict and a large jury award.
Learning Objectives
- You will be able to recognize the importance of proper documentation.
- You will be able to identify the flaws in performance documentation.
- You will be able to discuss how to establish clear performance expectations.
- You will be able to explain how to provide performance documentation that will assist the company in defending against lawsuits.
This live webinar covers these hot issues
Employee Write-Ups – the Do's
- Do Establish Clear Performance Expectations
- Do Focus on the Facts
- Do Review Patterns of Problem Behavior
- Do Write a Specific Plan for Improvement
- Do Follow-up
Employee Write-Ups – the Don'ts
- Don't Be Too Vague
- Don't Diagnose Why the Employee Is Performing Poorly
- Don't Include Your Mental Impressions and Emotional Comments
- Don't Embellish on the Documentation
- Don't Apologize
Other Considerations in Documenting Performance
- When Is the Best Time to Document Performance?
- Documenting Behaviors Rather Than Attitudes
- Maintaining At-Will Employment
- What to Do With the Documentation
- When Should the Performance Documentation Lead to Discipline vs. Termination?
- Supervisor's File vs. Personnel File
- Avoiding Discrimination and Harassment Claims Through Documentation
Faculty
Jackie A. Sexson
- Compliance manager with Fortune 300 company
- Former executive director with the legal and human resources consulting firm, The Sexson Group
- Extensive experience in employment and labor law, as well as human resources
- Has a legal and HR background in employee relations, performance management (360-degree feedback), organizational management, benefits administration, recruitment and selection, compensation, equal employment opportunity, and training and development
- Experience with the public sector, Fortune 500 companies and small startup companies
- Held director and executive level positions, and worked as an independent consultant
- Certified as a senior professional in human resources by the Society for Human Resources Management
- J.D. and M.B.A. degrees
- Can be contacted at 303-513-6018 or [email protected]