Defensible Employment Documentation: How to Build a Wall and Minimize Legal Risks


FREE Webinar for clients of Skoler, Abbott & Presser, P.C.
Wednesday, February 18, 2015
1:30 p.m. – 3:00 pm. EST

Scenario: You fire an employee for poor performance. He then sues your organization claiming race discrimination and retaliation for filing a racial discrimination charge with the EEOC. Will you have the documentation to back up your decision – and make the lawsuit go away?

Whether it’s a discrimination claim, a retaliation claim, or both, the story is the same. The EEOC, a judge, or the jury will want to examine your records connected to the firing and discipline leading up to discharge.

Even if you have written documentation, the documentation may not pass legal muster if it includes hints of subjectivity or otherwise paints a picture of unreasonableness. While it’s always important to show why you did something, it’s also important to be able to prove why you did it – that’s where documentation comes in. If your case comes down to a he said/she said argument, the big bad employer (that would be you) frequently loses.

Join us on February 18th when our presenter, a skilled employment attorney, will teach you practical tips on how to practice written employment documentation concerning performance, conduct, and disciplinary issues in a way that’s objective and, most importantly, legally defensible.

You and your colleagues will learn:

  • How to master the toughest aspects of employment documentation
  • How to address performance and conduct-based issues with actionable language that focuses on the behavior – not the person
  • How detailed you should be in describing the employee’s account
  • How to effectively follow up with the employee to evaluate whether the necessary progress has been made
  • What to do if the employment issue isn’t improving – and how to document your next decisions

The standard fee is $219.00, but because of Skoler, Abbott & Presser, P.C.’s affiliation with BLR®, and your valued association with our firm, we’ve made special arrangements for you to attend this webinar for free.

For more details about this class, please e-mail, call (800) 274-6774 and mention code SpeakFree, or visit and enter SpeakFree in the discount code section.

CREDIT INFORMATION: This program has been approved for up to 1.5 recertification credit hours through the HR Certification Institute. For more information about certification or recertification, please visit the HR Certification Institute website at

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