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Susan Fahey
Document It or Lose It: Defending Employee Discipline Decisions
Human Resources
Live Webinar
Aug 13, 2026 , 01 : 00 PM EST

|  9 Days Left
 60 Minutes
Description

Effective And Defensible Documentation Of Employee Problems: How To Address Properly Address Performance, Conduct, & Behavior Issues

You’ve heard the statement, “If it’s not written down, it didn’t happen.” The human resources mantra to managers and supervisors is to "document, document, document," because disciplinary actions can often give rise to claims of discrimination, leading to high costs of litigation. But do your managers and supervisor know how, when, and what to document?

Although it may seem like a headache to write a report on each and every problem that the employee may be exhibiting, in the long run, it is a lifesaver.  Documentation is one communication tool you can use to preserve facts and remove ambiguities.
Documenting performance, productivity, and conduct problems can be an uncomfortable experience for most supervisors and managers. 

However, there are many benefits to both the employer and employee in properly documenting employee discipline and misconduct. The documentation may help the employee realize that certain levels of performance or kinds of behavior are unacceptable and can help employees change their performance or behavior in the future.

Documentation also acts as an insurance policy for the company. If the employee later challenges an action that had been taken against him as a result of poor performance or a behavior issue or files a grievance or lawsuit, thorough documentation can prevent such actions from continuing beyond the preliminary stages.

Documentation is the written and retained record of employment events. These records are made up of government and legally mandated elements, documents required by company policy and practice, documents suggested by best human resources practices, and formal and informal record keeping about employment events.

Why Should You Attend

Cutting corners with documentation is the single biggest mistake managers make when handling progressive discipline and terminations. You need to recognize that your company may have to explain a termination decision long after it occurs. In the case of employees terminated for poor job performance or misconduct, this means having on file all performance reviews, notes from counseling sessions, and written warnings leading to the termination decision.

Who Will Benefit?

  • HR professionals
  • Managers
  • Supervisors
  • Team leaders
  • Business owners
Training Options
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Speaker

Susan Fahey

Susan Fahey Desmond is a partner with McGlinchey Stafford, PLLC which has offices in 33 states across the country. She has been representing management in all areas of labor and employment law for over 35 years. A noted author and speaker, Susan is listed in Best Lawyers in America and has been named by Chambers USA as one of America’s leading business lawyers...