Proper Documentation to Avoid Costly Lawsuits

    /Susan Fahey  /Desmondspeaker of compliance global
    Speaker: Susan Fahey Desmond
    Duration: 90 Minutes
    Product Code: 700017
    Level: Intermediate
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You have heard it before – document, document, document.  If you do it right, it is your best defence against a lawsuit.  If you do it wrong, it is your worst enemy.  If you destroy documentation too early, you could be doomed in court.  So how do you document properly to avoid costly lawsuits?

why should you attend

As a labour and employment law attorney, you are always reviewing documentation that supports your client’s version of what happened.  As a human resource professional, you look at documentation so that you can approve a termination recommended by the supervisor.  But as a supervisor, your focus is usually more on getting production done, and you “forget” to document that you had to tell a subordinate three times to do a task.  You put off doing those performance appraisals.  What are they used for anyway?  And, as a supervisor, you are often documenting misconduct or performance issues of someone you once worked side by side.  Is documentation easy?  No.  Is it critical?  Yes.  But how do you do it right?  

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Areas Covered

  • Why policies and procedures are an important part of documentation.
  • What policies/procedures are legally required before misconduct occurs.
  • What policies/procedures are recommended before misconduct occurs.
  • Can you discipline if you don’t have a policy/procedure with regard to a particular problem.
  • Why not understanding the difference between misconduct/performance can hurt you in documentation.
  • How to fill out a performance appraisal properly.
  • Real life lessons from actual court cases–what went right in documentation?
  • Real life lessons from actual court cases,--what went wrong in documentation?
  • How and when to dispose of documents.
  • What a document retention program should contain.

Learning Objectives

Learning how to use documentation to gets the best performance out of your employees and to defend your decision making process.


  • Supervisors/Managers
  • Human resource managers
  • Employee Benefits Consultant
  • Vice President of Human Resources


Susan Fahey Desmond is a shareholder with Jackson Lewis PC. She has been representing management in all areas of labor and employment law for 30 years. She is listed in Best Lawyers in America for labor and employment law and has been named by Chambers USA as one of America's leading business lawyers

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