Write It Right: Documenting Misconduct That Stands Up in Court

Inappropriate behavior, poor performance, and insubordination are inevitable workplace challenges - but how you document them can make or break your case.

When disciplinary actions or terminations are challenged, your documentation becomes your first and strongest line of defense. However, vague language, inconsistent records, and incomplete notes can quickly undermine your position - and even be used against you in court.

In this practical and timely webinar, you’ll learn how to document employee misconduct in a way that is clear, consistent, and legally defensible. Discover what to include, what to avoid, and how to properly connect misconduct to company policies to strengthen your decisions.

Through real-world examples and actionable guidance, this session will help you avoid common documentation pitfalls and ensure your records stand up to scrutiny from courts, agencies, and legal professionals.

Whether you’re managing employee performance, handling complaints, or making disciplinary decisions, this webinar will equip you with the tools to document with confidence and protect your organization.

Learning Objectives

• Learn how to write disciplinary documentation that supports your case in court
• Understand the critical difference between performance issues and misconduct
• Master the ABCs of effective documentation
• Identify the key goals of every disciplinary procedure
• Learn how to properly document termination decisions

Who Should Attend

• Human Resource Professionals
• Managers and Supervisors
• HR Compliance Officers
• Employee Relations Specialists
• Legal and Risk Management Professionals
• Business Owners and Executives

Speaker(s)

Susan Fahey Desmond

For more than 35 years, Susan Fahey Desmond has helped companies – hospitals, banks and credit unions, manufacturing companies, offshore oil companies, school districts, and others – minimize the cost and disruption of employment disputes. She defends wage and hour, wrongful discharge, non-compete, Family and Medical Leave (FMLA), and other claims. Clients seek her litigation counsel for age, sex, disability, race, religion, and sexual harassment discrimination lawsuits, as well as class actions. She helps employers dispute Equal Employment Opportunity Commission (EEOC) charges and other administrative complaints and navigate the administrative and judicial process. And, perhaps most importantly, she works with management and HR to resolve issues before they develop into contentious litigation.

CEUs

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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