Yesterday, we looked at the Top 5 items on our “HR Documentation Killers” list. Today, the rest of the list—plus an introduction to a webinar next month that you won’t want to miss.
6. Don’t make excuses. Statements such as “You failed—but I know we’ve all been pushing hard lately” may win you a nice guy award, but it won’t win your case.
7. Don’t lie … even to be nice! Saying someone was let go due in a layoff rather than for cause, if there was cause, can backfire big time in a wrongful termination suit.
HR Documentation in California: How to Avoid Costly Mistakes with Effective Drafting Strategies—webinar next month!
8. Be consistent. If you’ve written up Sally for an infraction, you’d better have written up everyone who did it. Otherwise you’re open to a charge of discrimination.
9. Don’t over- or under-focus. Writing up every tiny infraction makes you seem petty. But writing only the job-ending incident makes you appear emotion-driven.
Of course, all of the above should be practiced not just by you but by everyone in your organization. That’s especially critical if you are in a one-person or very small HR department, as you can’t be watching everyone at once.
HR Documentation in California: How to Avoid Costly Mistakes with Effective Drafting Strategies
Q. What’s HR’s secret weapon for defending against discrimination or retaliation charges?
A. Well-written, objective HR documentation that accurately and succinctly chronicles the employee’s performance-, conduct-, or attendance-based issues.
Any labor and employment attorney will tell you that one of the keys to being able to defend—or even prevent—litigation rests in sound HR documentation practices. But what does that mean in actual practice?
Join us for an in-depth webinar on July 17th and find out. You’ll learn:
- The key components that all good progressive-discipline documents—including warnings, disciplinary notices, or termination letters—share;
- The practices you should put in place so your employment documentation is consistent and fair;
- How to accurately convey employment objectives, expectations, and policy violations, as well as the consequences of not improving on performance issues;
- Language to use so employees are actually being held accountable for improving their own performance or conduct;
- How to document attendance issues following the expiration of workers’ protected leave under state and federal leave laws;
- How to handle a situation where there may be a medical or psychological reason behind a worker’s performance or conduct-related issues so you don’t violate the ADA or FEHA; and
- The nightmare scenarios that have resulted from poor documentation practices for countless employers—and how to avoid making those mistakes.
Download your free copy of Training Your New Supervisors: 11 Practical Lessons today!
“Don’t lie … even to be nice!” I’m not sure managers consider it lying–it’s more a matter of puffery sometimes, intended (as you imply) to spare feelings or avoid awkwardness and tension.
“Don’t lie … even to be nice!” I’m not sure managers consider it lying–it’s more a matter of puffery sometimes, intended (as you imply) to spare feelings or avoid awkwardness and tension.