Labor & Employment

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Employee Documentation: Legal Pitfalls and Best Practices From Hire to Fire to Litigation

Credits Available

Credit	Status	Total
Alaska CLE	Reciprocity	6 Total
Alabama CLE	Approved	6 Total
Arkansas CLE	Approved	6 Total
Arizona CLE	Approved	6 Total
California CLE	Approved	6 Total
Colorado CLE	Approved	7 Total
Connecticut CLE	Approved	6 Total
Delaware CLE	Approved	6 Total
Florida CLE	Approved	7 Total
Georgia CLE	Approved	6 Total
Hawaii CLE	Approved	6 Total
Iowa CLE	Upon Request	6 Total
Idaho CLE	Pending	6 Total
Illinois CLE	Approved	6 Total
Indiana CLE	Approved	6 Total
Kansas CLE	Approved	7 Total
Kentucky CLE	Upon Request	6 Total
Maine CLE	Approved	6 Total
Minnesota CLE	Approved	6 Total
Missouri CLE	Approved	7.2 Total
Northern Mariana Islands CLE	Approved	6 Total
Montana CLE	Approved	6 Total
North Carolina CLE	Approved	6 Total
Nebraska CLE	Approved	6 Total
New Hampshire CLE	Approved	6 Total
New Jersey CLE	Approved	7.2 Total
New Mexico CLE	Approved	6 Total
Nevada CLE	Approved	6 Total
New York CLE	Approved	7 Total
Ohio CLE	Approved	6 Total
Oklahoma CLE	Approved	7 Total
Oregon CLE	Approved	6 Total
Pennsylvania CLE	Approved	6 Total
Rhode Island CLE	Upon Request	7 Total
South Carolina CLE	Approved	6 Total
Tennessee CLE	Approved	6 Total
Texas CLE	Approved	6 Total
Utah CLE	Approved	6 Total
Virginia CLE	Approved	6 Total
Vermont CLE	Approved	6 Total
Washington CLE	Approved	6 Total
Wisconsin CLE	Pending	7 Total
West Virginia CLE	Approved	7.2 Total
Wyoming CLE	Upon Request	6 Total
New York CPE for Accountants	Approved	7 Total
HRCI	Approved	6 Total
CPE for Accountants/NASBA	Approved	7 Total
SHRM CP/SCP	Approved	6 Total

Live Online

6 hours

Fri, Feb 05, 00:00 AM – 00:00 PM

With Megan M. Feltham from Morgan, Brown & Joy + 5 others

Fri, Feb 05, 00:00 AM – 00:00 PM

Product ID 103045

Register For Course

Course Includes

$429

Live Webinar Registration

OnDemand Recording

Course Book Download

OnDemand content will be available within 7 days of event date.

Overview

Will your paper trail help you or haunt you?

One bad email, one inconsistent performance review, one manager who wrote down exactly the wrong thing - all of these can become Exhibit A. And when a claim hits, plaintiff's counsel won't just look at the official personnel file. They'll dig into texts, Teams messages, investigation files, AI-generated write-ups, deleted communications, metadata, and every inconsistency in the employer's story.

This course exposes the documentation mistakes that can turn routine HR decisions into damaging evidence. Follow the employment file from hiring through termination and litigation as you uncover discrimination traps in hiring records, dangerous handbook language, performance documentation that backfires, leave and accommodation gaps, investigation mistakes, termination records that don't match the stated reason, and the “unofficial” communications managers never expected anyone else to see. Learn what to document, what never to put in writing, what to preserve, and what happens when it's already too late. Register today!

Avoid legal pitfalls in job postings, interviews, background checks, offers, and AI-assisted hiring.
Identify handbook language that protects employers and provisions that can create unintended liability.
Document exits, severance, and reductions in force without handing plaintiffs damaging evidence.
Navigate the documentation minefield when FMLA, ADA, workers’ comp, or pregnancy accommodations overlap.
Create investigation records that can withstand scrutiny without creating unnecessary exposure.
Know what goes where, who gets access, and how long employment records should be kept.
Handle texts, emails, Teams messages, AI-generated records, and other “unofficial” documentation.
Turn the employment file into a stronger defense—not ammunition for the plaintiff.

Abbreviated Agenda

Hiring Documents That Create - or Prevent - Liability
Employee Handbooks and Agreements: What to Include, Update, and Avoid
Performance, Pay, and Discipline: The Paper Trail That Gets Scrutinized
Attendance, Disability, and Leave: When the Documentation Gets Complicated
Complaints and Workplace Investigations: Creating a Record You Can Defend
The Exit File: Termination, Severance, and RIF Documentation
Personnel Files, Medical Files, Investigation Files: What Goes Where, What Gets Kept, and Who Gets Access
When the Claim Arrives: Turning HR Records Into the Defense File
Legal Ethics: When the Lawyer Touches the File

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Get the OnDemand Instead

Watch the recording of this event on your own schedule. We'll notify you when its ready.

Credit Details

Credits Available

Credit	Status	Total
Alaska CLE	Reciprocity	6 Total
Alabama CLE	Approved	6 Total
Arkansas CLE	Approved	6 Total
Arizona CLE	Approved	6 Total
California CLE	Approved	6 Total
Colorado CLE	Approved	7 Total
Connecticut CLE	Approved	6 Total
Delaware CLE	Approved	6 Total
Florida CLE	Approved	7 Total
Georgia CLE	Approved	6 Total
Hawaii CLE	Approved	6 Total
Iowa CLE	Upon Request	6 Total
Idaho CLE	Pending	6 Total
Illinois CLE	Approved	6 Total
Indiana CLE	Approved	6 Total
Kansas CLE	Approved	7 Total
Kentucky CLE	Upon Request	6 Total
Maine CLE	Approved	6 Total
Minnesota CLE	Approved	6 Total
Missouri CLE	Approved	7.2 Total
Northern Mariana Islands CLE	Approved	6 Total
Montana CLE	Approved	6 Total
North Carolina CLE	Approved	6 Total
Nebraska CLE	Approved	6 Total
New Hampshire CLE	Approved	6 Total
New Jersey CLE	Approved	7.2 Total
New Mexico CLE	Approved	6 Total
Nevada CLE	Approved	6 Total
New York CLE	Approved	7 Total
Ohio CLE	Approved	6 Total
Oklahoma CLE	Approved	7 Total
Oregon CLE	Approved	6 Total
Pennsylvania CLE	Approved	6 Total
Rhode Island CLE	Upon Request	7 Total
South Carolina CLE	Approved	6 Total
Tennessee CLE	Approved	6 Total
Texas CLE	Approved	6 Total
Utah CLE	Approved	6 Total
Virginia CLE	Approved	6 Total
Vermont CLE	Approved	6 Total
Washington CLE	Approved	6 Total
Wisconsin CLE	Pending	7 Total
West Virginia CLE	Approved	7.2 Total
Wyoming CLE	Upon Request	6 Total
New York CPE for Accountants	Approved	7 Total
HRCI	Approved	6 Total
CPE for Accountants/NASBA	Approved	7 Total
SHRM CP/SCP	Approved	6 Total

Agenda

All times are shown in

Hiring Documents That Create - or Prevent - Liability
1. Job Descriptions and Postings: Essential Functions, Pay Transparency, Required Disclosures, and Discrimination Traps
2. Applications, Résumés, and Interview Notes: What to Document and What Not to Write Down
3. When Automated Hiring Goes Wrong: Workday, iTutorGroup, and Litigation Lessons
4. Background Checks: FCRA Compliance, Authorization, and Adverse Action
5. Offer Letters: Compensation, Conditions, and Avoiding Accidental Promises
6. Form I-9, E-Verify, and Work Authorization Records
7. Pre-Employment Medical Inquiries, Drug Testing, and Other Sensitive Records
Employee Handbooks and Agreements: What to Include, Update, and Avoid
1. Employment Agreements, At-Will Acknowledgments, and Offer Terms
2. Employee Handbooks: Policies That Help and Language That Can Hurt
3. Policy Acknowledgments and Required Notices
4. Confidentiality, NDA, Noncompete, Nonsolicitation, and IP Agreements
5. Arbitration Agreements and Class/Collective Action Waivers
6. Classification and Compensation Records: Employee vs. Contractor and Exempt vs. Nonexempt
7. Other Onboarding Docs: Benefits, Training, Technology Use, and Remote/Hybrid Work Documentation
Performance, Pay, and Discipline: The Paper Trail That Gets Scrutinized
1. Performance Reviews: Subjectivity, Inflated Ratings, and Sudden Performance Problems
2. Compensation, Promotion, Demotion, Transfer, and Status Changes
3. Coaching, Performance Improvement Plans, and Progressive Discipline
4. Consistency, Comparators, and Exceptions
5. Legal Risks of AI-Assisted Reviews and Write-Ups
6. Email, Text, Slack, Teams, and Other “Unofficial” Performance Documentation
7. What Managers Should Never Put in Writing
8. Fixing Bad Documentation After the Fact: What You Can and Cannot Do
Attendance, Disability, and Leave: When the Documentation Gets Complicated
1. Attendance, Monitoring, and Timekeeping Records
2. FMLA Notices, Certifications, Recertifications, and Designations
3. ADA Accommodation Requests and Documenting the Interactive Process
4. FMLA, ADA, Workers’ Compensation, and Pregnancy Accommodation Overlap
5. Intermittent Leave and Recurring Attendance Problems
6. Medical Certifications and Confidential Medical Information
7. Return-to-Work Issues and When Leave Collides With Discipline or Termination
Complaints and Workplace Investigations: Creating a Record You Can Defend
1. Complaint Intake: Harassment, Discrimination, Retaliation, and Whistleblower Issues
2. Investigation Plans, Interview Notes, Witness Statements, and Evidence Logs
3. Emails, Texts, Chats, Video, Social Media, and Other Digital Evidence
4. Credibility Determinations, Findings, and Corrective Action
5. Confidentiality: What You Can Promise and What You Cannot
6. Attorney-Client Privilege and Work Product: How to Protect Investigation Materials
7. Post-Investigation Documentation and Retaliation Risks
The Exit File: Termination, Severance, and RIF Documentation
1. Building the Termination File Before the Decision Is Final
2. Termination Memoranda, Meeting Notes, and Final Communications
3. Final Pay, Benefits, Property Return, and Access Termination
4. Severance and Release Agreements: Documentation and Drafting Issues
5. Older Workers Benefit Protection Act Requirements
6. Reductions in Force: Selection Criteria, Comparator Data, and WARN Notices
7. Exit Interviews: Useful Evidence or Unnecessary Risk?
8. Post-Employment Confidentiality, Restrictive Covenant, and Reference Issues
Personnel Files, Medical Files, Investigation Files: What Goes Where, What Gets Kept, and Who Gets Access
1. Personnel, Medical, I-9, Investigation, and Privileged Files: What Goes Where
2. Employee Access to and Challenges to Personnel Records
3. Record Retention and Destruction Schedules
4. Records Outside the HRIS: Email, Texts, Collaboration Platforms, and Personal Devices
5. Cybersecurity, Access Controls, and Protecting Sensitive Employee Information
When the Claim Arrives: Turning HR Records Into the Defense File
1. The First 24 Hours: Preservation, Litigation Holds, and Key Custodians
2. Electronic Records, Metadata, and Audit Trails
3. Deleted Texts, Personal Devices, Messaging Apps, and Ephemeral Communications
4. Building the Chronology and Identifying Comparator Evidence
5. EEOC and Other Agency Charges: Building the Position Statement File
6. Discovery Requests, Subpoenas, and Producing Employment Records
7. How Plaintiffs’ Counsel Attack Incomplete, Inconsistent, and “Too Perfect” Documentation
Legal Ethics: When the Lawyer Touches the File
1. Attorney-Client Privilege and Work Product in HR Communications and Investigations
2. Confidentiality and Handling Sensitive Employee Information
3. Creating, Correcting, and Supplementing Employment Records: Where Is the Line?
4. Preservation Duties and the Ethics of Deleted or Missing Records
5. Candor in Agency Responses, Discovery, and Litigation
6. Supervising HR Staff, Vendors, and AI-Assisted Documentation

Who Should Attend

This course is designed for professionals responsible for creating, reviewing, managing, or defending employment records, including:

Employment Law Attorneys
In-House Counsel
Human Resources Directors, Managers, and Consultants
Compliance Officers
Business Owners and Executives
Accountants

Speakers

Megan M.

Feltham

Morgan, Brown & Joy

Rachel M.

Reight

Baasten, McKinley & Co., L.P.A.

Michelle K.

Floyd

Krieg DeVault Law Firm

David

Gabor

The Wagner Law Group

Joanie

Winters

Winters Law Firm

Jeremy A.

Stephenson

The Liberty Company Brokers, LLC

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Employee Documentation: Legal Pitfalls and Best Practices From Hire to Fire to Litigation

Credits Available

Fri, Feb 05, 00:00 AM – 00:00 PM

Fri, Feb 05, 00:00 AM – 00:00 PM

Register For Course

Add to Cart | $429

Get This Course

Section

Overview

Will your paper trail help you or haunt you?

Abbreviated Agenda

Can't Attend Live?

Get the OnDemand Instead

Pre-Order OnDemand | $429

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Credit Details

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Agenda

Hiring Documents That Create - or Prevent - Liability

Employee Handbooks and Agreements: What to Include, Update, and Avoid

Performance, Pay, and Discipline: The Paper Trail That Gets Scrutinized

Attendance, Disability, and Leave: When the Documentation Gets Complicated

Complaints and Workplace Investigations: Creating a Record You Can Defend

The Exit File: Termination, Severance, and RIF Documentation

Personnel Files, Medical Files, Investigation Files: What Goes Where, What Gets Kept, and Who Gets Access

When the Claim Arrives: Turning HR Records Into the Defense File

Legal Ethics: When the Lawyer Touches the File

Who Should Attend

Speakers

Speaker bio

Megan M. Feltham

Speaker bio

Rachel M. Reight

Speaker bio

Michelle K. Floyd

Speaker bio

David Gabor

Speaker bio

Joanie Winters

Speaker bio

Jeremy A. Stephenson

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