If It Isn’t Written, It Didn’t Happen: How Can Employers Create Litigation-Proof Decisions!
Turn Workplace Documentation Into Your First Line Of Legal Defense!

Instructor :
Margie Faulk
Webinar ID:
20210
Date: MAY 02, 2025 (FRI)
Start Time: 10 AM PT - 11:30 AM PT
Duration: 90 Mins.
What you will learn
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- Identify What Belongs In And Outside Personnel Files
- Avoid Common Documentation Mistakes That Invite Legal Trouble
- Draft Clear, Objective Notes On Employee Performance Issues
- Structure Written Warnings To Withstand Legal Scrutiny
- Implement Performance Improvement Plans Using Proven Templates
- Respond Appropriately When Employees Dispute Documentation Content
- Align Documentation Practices With ….
-
- Identify What Belongs In And Outside Personnel Files
- Avoid Common Documentation Mistakes That Invite Legal Trouble
- Draft Clear, Objective Notes On Employee Performance Issues
- Structure Written Warnings To Withstand Legal Scrutiny
- Implement Performance Improvement Plans Using Proven Templates
- Respond Appropriately When Employees Dispute Documentation Content
- Align Documentation Practices With Company Policies And Procedures
- Maintain Consistent Records That Support Progressive Discipline Actions
Course Description
Effective documentation is one of the most critical tools HR professionals and managers can use to protect their organizations from liability.
Yet, many find it challenging, uncomfortable, or unclear—especially when it involves negative performance or disciplinary action.
This course provides clear, practical guidance on how to properly document workplace behavior, performance issues, and employment decisions in a way that is both legally sound and policy-aligned.
Participants will gain a comprehensive understanding of:
-
- The legal standards for employee documentation under federal and state laws
- What to include—and what to avoid—when writing about misconduct or poor performance
- How to ensure documentation reflects factual observations, not legal conclusions
- Best practices for handling sensitive issues like harassment, discrimination, or medical concerns
- Where and how to store documentation, and who should have access to it
A key focus will be on helping employers distinguish between internal policy violations and legal liability. For example, stating that an employee “violated a harassment policy” is different from claiming they “committed harassment”—the latter could create unintended legal exposure.
By the end of the session, attendees will know how to document incidents in a way that protects their organization, reinforces fair workplace practices, and stands up to scrutiny in court, if needed.
Enroll Now!
Effective documentation is one of the most critical tools HR professionals and managers can use to protect their organizations from liability.
Yet, many find it challenging, uncomfortable, or unclear—especially when it involves negative performance or disciplinary action.
This course provides clear, practical guidance on how to properly document workplace behavior, performance issues, and employment decisions in a way that is both legally sound and policy-aligned.
Participants will gain a comprehensive understanding of:
-
- The legal standards for employee documentation under federal and state laws
- What to include—and what to avoid—when writing about misconduct or poor performance
- How to ensure documentation reflects factual observations, not legal conclusions
- Best practices for handling sensitive issues like harassment, discrimination, or medical concerns
- Where and how to store documentation, and who should have access to it
A key focus will be on helping employers distinguish between internal policy violations and legal liability. For example, stating that an employee “violated a harassment policy” is different from claiming they “committed harassment”—the latter could create unintended legal exposure.
By the end of the session, attendees will know how to document incidents in a way that protects their organization, reinforces fair workplace practices, and stands up to scrutiny in court, if needed.
Enroll Now!
Why you should attend
When performance issues arise, documentation is your first line of defense—but only if it’s done right.
Too often, managers struggle with what to write, when to write it, and how to do so without creating legal exposure.
This training addresses the critical knowledge gaps that leave organizations vulnerable to claims of discrimination, wrongful termination, or retaliation. You’ll gain practical, real-world guidance on documenting employee conduct and decisions with clarity, consistency, and legal awareness.
By attending, you’ll learn how to:
-
- Create a clear, defensible documentation trail for performance and conduct issues
- Avoid common documentation mistakes that can be used against you in court
- Align your notes with progressive discipline policies and HR best practices
Protect your organization and gain the confidence to handle even the toughest documentation scenarios
Join Now!
When performance issues arise, documentation is your first line of defense—but only if it’s done right.
Too often, managers struggle with what to write, when to write it, and how to do so without creating legal exposure.
This training addresses the critical knowledge gaps that leave organizations vulnerable to claims of discrimination, wrongful termination, or retaliation. You’ll gain practical, real-world guidance on documenting employee conduct and decisions with clarity, consistency, and legal awareness.
By attending, you’ll learn how to:
-
- Create a clear, defensible documentation trail for performance and conduct issues
- Avoid common documentation mistakes that can be used against you in court
- Align your notes with progressive discipline policies and HR best practices
Protect your organization and gain the confidence to handle even the toughest documentation scenarios
Join Now!
Areas Covered
1. Understanding Documentation Fundamentals
-
- Myths vs. Facts About Written Documentation
- Why Documentation Is Often the Most Challenging HR Task
- The Legal Role of Documentation in Employee Relations
2. Personnel File Management
-
- What Belongs in an Employee’s Personnel File—and What Doesn’t
- How Many Files Should Employers Maintain Per Employee?
3. Creating Legally Sound Documentation
-
- Core Elements of Effective Documentation
- Dos and Don’ts of Recording Workplace Behavior
- Addressing and Documenting Negative Employee Conduct
- How to Handle Multiple Incidents in a Single Write-Up
- What If the Employee Disagrees or Wants to Respond?
4. Performance Management Tools
-
- Crafting a Performance Improvement Plan (PIP)
-
- Key Components and Sample Template
-
- Crafting a Performance Improvement Plan (PIP)
-
- Writing Corrective Actions That Increase Managerial Success
5. Disciplinary Documentation That Stands Up in Court
-
- Structuring Written Warnings and Disciplinary Notices
- Legal Red Flags: Avoiding Wording That Implies Liability
- Required Elements for Legally Defensible Disciplinary Actions
6. Policy Support and Risk Mitigation
-
- Essential Policies for Employee Handbooks
- Ensuring Consistency in Behavior Tracking and Enforcement
- Potential Fines and Penalties When Documentation Is Inadequate
BONUS:
-
- PDF copy of the presentation handout for your future reference.
- Soft copy of the certificate of completion on request.
- Q&A Session with the Presenter: Get your pressing questions answered verbally, via chat or email.
1. Understanding Documentation Fundamentals
-
- Myths vs. Facts About Written Documentation
- Why Documentation Is Often the Most Challenging HR Task
- The Legal Role of Documentation in Employee Relations
2. Personnel File Management
-
- What Belongs in an Employee’s Personnel File—and What Doesn’t
- How Many Files Should Employers Maintain Per Employee?
3. Creating Legally Sound Documentation
-
- Core Elements of Effective Documentation
- Dos and Don’ts of Recording Workplace Behavior
- Addressing and Documenting Negative Employee Conduct
- How to Handle Multiple Incidents in a Single Write-Up
- What If the Employee Disagrees or Wants to Respond?
4. Performance Management Tools
-
- Crafting a Performance Improvement Plan (PIP)
-
- Key Components and Sample Template
-
- Crafting a Performance Improvement Plan (PIP)
-
- Writing Corrective Actions That Increase Managerial Success
5. Disciplinary Documentation That Stands Up in Court
-
- Structuring Written Warnings and Disciplinary Notices
- Legal Red Flags: Avoiding Wording That Implies Liability
- Required Elements for Legally Defensible Disciplinary Actions
6. Policy Support and Risk Mitigation
-
- Essential Policies for Employee Handbooks
- Ensuring Consistency in Behavior Tracking and Enforcement
- Potential Fines and Penalties When Documentation Is Inadequate
BONUS:
-
- PDF copy of the presentation handout for your future reference.
- Soft copy of the certificate of completion on request.
- Q&A Session with the Presenter: Get your pressing questions answered verbally, via chat or email.
Who is this course for
Everybody Benefits from Watching This. Even Better When Done as a Group!
-
- HR Professionals Managing Performance And Conduct Issues
- People Managers Navigating Disciplinary Action With Confidence
- Business Owners Concerned About Legal Risk Exposure
- Employee Relations Specialists Handling Sensitive Documentation Tasks
- Compliance Officers Ensuring Policy Alignment And Recordkeeping
- Supervisors Required To Document Progressive Discipline Accurately
- Operations Leaders Facing Termination And Misconduct Challenges
Everybody Benefits from Watching This. Even Better When Done as a Group!
-
- HR Professionals Managing Performance And Conduct Issues
- People Managers Navigating Disciplinary Action With Confidence
- Business Owners Concerned About Legal Risk Exposure
- Employee Relations Specialists Handling Sensitive Documentation Tasks
- Compliance Officers Ensuring Policy Alignment And Recordkeeping
- Supervisors Required To Document Progressive Discipline Accurately
- Operations Leaders Facing Termination And Misconduct Challenges
Instructor Profile
Margie Faulk, a senior level human resources and compliance professional with over 14 years of HR management and compliance experience. A current Compliance Officer/Advisor for HR Compliance Solutions, LLC. Margie has worked as an HR and Compliance advisor for major corporations and small businesses in the small, large, private, public and Non-profit sectors.
This includes Federal Contracting in the defense, military, anti-Terrorism and Apache Helicopter Training Simulations with Federal Acquisition Regulations (FAR), Federal Sentencing Guidelines (FSG) and Office of Federal Contract Compliance Program (OFCCP). Margie is bilingual (Spanish) fluent and Bi-cultural.
Margie’s focus has expanded to Global Workplace Compliance in International, multi-state, multi-National, state and local workplace compliance which includes workplace compliance in other countries like the UK, Canada, France, Brazil, China, Africa, Mexico and India, just to name a few. Margie has created and presented seminars/webinars for many compliance institutes. These national training providers, offer compliance training to HR professionals, business owners and companies interested in having their company compliant with workplace and industry regulations. Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).