Overview : Document, document, document. Every employment attorney preaches this word to their clients. Not all documentation, however, is the same. Yes, employment attorneys want you to document - but only if you do it right. Good documentation helps you win lawsuits. Bad documentation will inevitably help your former employee win his/her lawsuit against your company.
So how do you document so that it will hold up in court? Of course, we don't want to keep documentation around too long - particularly if it is bad documentation. How long does the law require you to keep documents? And, if you get notice of a claim being filed against you, what steps must your organization take to ensure that documentation is not destroyed?
Why should you attend: You know you were justified in terminating that employee. Unfortunately, your documentation doesn't reflect it, and judges/juries seem to give more credence to documentation than testimony. Don't let poor documentation lose your lawsuit. But would be plaintiffs do have limitation periods to bring lawsuits, and you don't want to keep that documentation around too long? When can you destroy documentation? If you guess wrong, you may be facing one angry judge. Judges are becoming increasingly angry over companies failing to keep documentation relevant to the litigation, and they are showing their anger. Judges are imposing significant sanctions and even default judgments without regard to liability in particularly egregious cases. So when you destroy documentation legally?
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Who Will Benefit: