If It Isn't Written, It Didn't Happen: How Can Employers Create Litigation Proof Decisions

Duration: 90 minutes Speaker: Margie Faulk

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Many HR Professionals and supervisors have had difficulty documenting negative performance and proper disciplinary actions for many years. Even the best supervisors find this part of the disciplinary action uncomfortable or anxiety-provoking. Moreover, incorrect documentation of negative behavior or lack of documentation can be an Employer’s nightmare. It can also lead to litigation and other scrutiny and allegations of discrimination and wrongful termination which can impact an organization’s reputation and can deliver huge fines and penalties.

There are federal and state laws that determine what documentation is needed, where it should go, and who sees it. Moreover, there are documentation mandates for Employers when it comes to COVID-19, vaccine documents, and different medical documents that can be used to confirm vaccine information. There are clear guidelines for Employers to ensure they follow the medical guidelines as well as the legal written policy to avoid litigation.

It is clear that documentation is key in the workplace. When it comes to written documentation, employers should ensure that they stick to factual documentation versus coming to a generalized legal conclusion, such as the employee committing harassment or discrimination. In order to terminate an employee, generally, all that is needed is to show the employee violated a policy. If the employer documents what they believe is a legal conclusion, this can be an admission of legal liability vs. an internal policy violation.

Areas Covered:

  • What documentation is allowed when confirming COVID-19 vaccine status
  • What should be avoided when it comes to the documentation of medical information
  • What documents should be in the personnel file and what should be out
  • How many files should an Employers have for employees
  • Written Documentation Myths and Facts
  • Why is documentation one of the most difficult aspects of employee relations?
  • What are the elements of effective documentation?
  • What policies and procedures must be included in an Employee Handbook to support decisions to document any disciplinary action?
  • What key issues must be addressed when documenting negative behavior?
  • Should you include different incidents in an employee write-up?
  • What can an employee do if they do not agree or they want to explain their side of the situation?
  • Instructions for Establishing a Performance Improvement Plan (PIP) PIP Template
  • How can supervisors increase their success when writing corrective actions?
  • Learn to create a written warning and disciplinary actions that withstand legal scrutiny
  • Review the elements that have to be included in a written warning/disciplinary action
  • What fines and penalties can be levied if no one documents performance
  • Dos and Don’ts of documentation
  • The importance of the Employee Handbook and the consistency of tracking behaviors

Who Should Attend:

  • All Employers
  • Business Owners
  • Company Leadership
  • Compliance professionals
  • HR Professionals
  • Managers/Supervisors
  • Employers in all industries
  • Small Business Owners
Margie Faulk

Margie Faulk, PHR, SHRM-CP is a senior level human resources professional with over 14 years of HR management and compliance experience. A former Compliance Officer for Federal Defense Contracting Industry, Margie has worked as an HR and Compliance advisor for major corporations and small businesses in the small, large, private, public and Non-profit sectors. Margie is bilingual (Spanish) fluent and Bi-cultural.

Margie’s focus is on multi-state, national, state and local workplace compliance. Additionally, Margie is working on International compliance initiatives globally which includes workplace compliance in other countries like the UK, Canada, France, Brazil, China, Africa, Mexico and India, just to name a few.

Margie has created and presented seminars/webinars for many compliance institutes. These national training providers, offer compliance training to professionals, business owners and companies interested in having their company compliant with workplace and industry regulations.

Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from Society for Human Resources Management. Margie has completed the Certified Compliance and Ethics Professional training and is a member of the Society of Corporate Compliance & Ethics (SCCE).


The use of this seal confirms that this activity has met HR Certification Institute’s® (HRCI®) criteria for recertification credit pre-approval.

Credits: 1.5


Compliance Prime is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org

Credits: 1.5

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