Greater Pensacola

Society for Human Resource Management

January 2014 monthly meeting.

Wednesday,  January 8th

Meeting Time: 11:30 am -1:00 PM (CST)

Location: The Angus Restaurant

Speaker: Daniel Harrell
Associate in the General Litigation department of Clark, Partington, Hart, Larry, Bond & Stackhouse, Pensacola, FL. 

“Writing It Right:  Avoiding Litigation Pitfalls Through Proper Documentation.” 

The presentation will cover the basics of necessary documentation at various phases of an employment relationship.  Specifically, I will focus on (1) how disciplinary actions should be documented in order to avoid subsequent issues in litigation; (2) how managers should draft evaluations in order to accurately reflect ongoing employee issues; and (3) how the termination process should be documented to later support an employer’s legitimate, non-discriminatory reasons for its action.

In short, the premise is that a large portion of employment litigation turns on documentation.  Juries and judges tend to follow one simple premise:  if an employer documented an issue, it happened; it they did not, it probably did not happen.  Because of this tendency among judges and juries, appropriate documentation can either win a case or lose a case for a company.  Therefore, while “documentation” is often a buzzword, the emphasis on documentation alone is not enough.  The emphasis must be on appropriate documentation to properly position the employer.

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