Tag: documentation

April 25, 2023

Many HR professionals may relate to the “oh no, what now?” moment when they first learn an employment-related lawsuit has been filed. Although employers would prefer to avoid litigation entirely, it’s important for HR departments to have systems in place […]

September 19, 2022

One of the things that happens with the Family and Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiffs’ attorneys will sometimes assert that they don’t understand how there could […]

September 28, 2021

On August 6, 2021, the U.S. District Court for the District of New Jersey denied requests by both an employer and an employee to resolve a dispute over abuse of leave under the federal Family and Medical Leave Act (FMLA) […]

February 28, 2020

Companies spend a lot of money and time on employee training, often with very mixed results. One of the challenges that many companies face is that the employees who know the most about a given topic or process are busy […]

April 11, 2019

In the event of a contentious termination, documentation can make or break an employer’s case. While a complete absence of documentation supporting the termination decision is obviously problematic, having vague or sarcastic statements on record also creates problems for employers. […]

February 22, 2019

As many of you know, proper documentation is critical in almost every aspect of managing your employees. In litigation, documentation can mean the difference between a defense verdict and a multimillion-dollar jury award. But don’t document just to document—poor documentation […]

May 29, 2018

Ensuring that an employer’s 401(k) plan is being administered in accordance with its terms and applicable law is a fundamental fiduciary responsibility. This includes complying with the Internal Revenue Code, the Employee Retirement Income Security Act (ERISA), and the regulations […]

October 4, 2017

I presented a webinar yesterday on the importance of documentation. It reminded me of this post. Recently in Georgia, a man was executed. There were many claims that he was innocent, the courts did not agree. My purpose here is […]

December 15, 2016

A new state law going into effect January 1 requires most private-sector employers in Colorado to allow employees to inspect and copy their personnel files at least annually upon request. The new law also grants former employees the right to […]

December 8, 2016

When an employee goes on FMLA leave, it can pay to double-check that your FMLA record keeping processes are up to snuff, in case your FMLA administration/processes are ever called into question. Employment law attorneys recommend periodic internal audits of […]

November 11, 2016

It’s not always what’s missing from employee documentation that could get you in trouble. It’s also what may already be in your documentation that could land you on the wrong end of a lawsuit. Get it out Recently, employment law attorneys […]

June 27, 2016

Everyone knows a good myth or two. And as it turns out, a lot of those myths end up being taken at face value and acted on as if they were true — and it’s costing employers. But much like the […]

January 8, 2016

You know how important clear and thorough documentation is. But your managers may be another story. Thankfully, employment law attorney Allison West has some steps managers can use to make documenting performance issues less painful — and more defensible if […]