Controlling the Employment Relationship Through Documentation

• Overview
• Credits

Learn best practices of how to properly document events that occur during all stages of the employment relationship.Most employers recognize the importance of documenting employee performance concerns during employment. However proper documentation is essential at each stage of the employment relationship and implicates myriad other issues including pre-employment and post-employment matters. This topic has been designed to provide Human Resources professionals and managers with a comprehensive overview of employment law issues and best practices with respect to how to properly document events that occur during all stages of the employment relationship, from the applicant's first interview to the days and weeks after their last day on the company payroll. The materials will help you understand how to control the employment relationship through effective and thorough documentation, and you will learn practical tips for identifying what should be documented at each stage of the employment relationship and how to effectively prepare such documentation in order to minimize legal risk.

Authors

Shira M. Blank, Epstein Becker & Green, P.C. Genevieve Murphy-Bradacs, Epstein Becker & Green, P.C.

Agenda

Preventing Litigation

• General Employment Policies and Procedures to Avoid Litigation

- Applications

- Job Descriptions

- Interviews

- Pre-Employment Background Investigations and Drug Tests

- Offer Letters

- Policies and Handbooks

- Wage and Hour

• Employee Discipline and Termination

- Performance Evaluations

- Progressive Discipline

- Review of Discipline Policy

- Documentation for Warnings/Progressive Discipline

• Leaves of Absence

• Reasonable Accommodations and the Interactive Process

- FMLA

- Return to Work

Investigations

• When to Investigate

• Implementing a Complaint Procedure

• The Purpose of the Investigation

• Conducting the Investigation

• Documenting the Investigation

Termination

• Reviewing a Proposed Discharge

• Preparing for the Termination Meeting

• Delivering the News

• Addressing Immediate Security Concerns

• Termination Notices

Post-Termination Concerns

• Commenting on Former Employees

• Former-Employee Access to Personnel Files

Wrap-up

• Key Points to Remember