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Our editors boast more than 60 years of experience in employment law and HR related topics. Find advice to those tricky issues such as when to terminate, as well as stay up to date with the latest regulations as they occur.

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Why bother with job descriptions? 3 reasons

Writing job descriptions for all of the positions in your company may sound like a lot of work, especially when they are not required by any law. But there are plenty of legal reasons why you should have them.

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Track details of incidents leading to discipline

Want to make sure discipline sticks? Then details matter. It’s far easier to defend a termination decision if you can show the court that you specifically pointed out the employee’s work problems and offered an opportunity to improve instead of simply terminating her.

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Save all documents and notes relating to employee’s bias or harassment complaint

Make it a standard practice to retain every written document concerning employee complaints. If an employee ends up suing you, he may try to embellish the facts—or worse.

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How to turn leave into a smooth, compliant process by utilizing tech

HR teams are stuck juggling outdated systems, limited staffing and rising employee expectations, while employees are often left unclear on their options, timelines or pay. The fastest path to relief? Use technology to streamline leave from start to finish without losing the human touch.

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Detailed personnel records defeat bias claim

Employers who keep detailed personnel records that include objective, fact-driven performance reviews often win discrimination lawsuits soon after the employee sues. Judges hold no desire to become your organization’s HR department and appreciate it when employers have the documentation that backs up their decisions.

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Document poor performance as it happens

It’s essential for supervisors to document poor performance at the time it happens. Don’t wait until you’re ready to terminate a worker to start building a paper trail. You won’t get away with it in court. The path needs to be laid early, step by step.

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Ensure your records show exactly when personnel decisions were made

Employees who file internal discrimination or whistleblowing claims are protected from retaliation for doing so. To prove retaliation, they must show that the employer took some form of adverse action against them after they complained. That’s one reason employers must document all personnel decisions.

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Documenting performance? Better date-stamp and retain

You’ve no doubt heard it again and again—the key to winning lawsuits is to document, document, document. Courts don’t lend much credence to documents that appear after the fact, often suspecting that such notes are made up to cover discrimination.

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‘Impossible’ PIP sinks employer’s discharge appeal

Set reasonable, objective goals that can be achieved with sufficient effort in the time allotted in the PIP. Don’t create impossible goals that can’t be achieved absent Herculean efforts.

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Document as if it will be read in court

Under the rules of “discovery,” employees (and courts) are privy to almost any employment-related document during a dispute. Keep that in mind when you’re preparing in-house documents, formal and informal. Here are a few do’s and don’ts.

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