Avoiding Wrongful Termination Claims : The Dos and Don’ts of Defensible Documentation
  • CODE : STME-0040
  • Duration : 90 Minutes
  • Level : All Level
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Steven G. Meilleur, Ph.D., SHRM-SCP, SPHR – is President, CEO – PRAXIS Management Solutions, LLC, a New Mexico-based management consulting firm specializing in human resources, leadership, training & organizational development, organizational research and assessment, strategic planning, and non-profit organization management and governance. Dr. Meilleur has more than 50 years of management and executive-level experience in human resources, risk management, and organizational management in the private non-profit public, and private for-profit sectors.  

Dr. Meilleur also serves as Senior Vice-President and Risk Services Consultant for Human Resources and Employment with Poms & Associates, a national risk services and insurance brokerage firm. His previous work experience includes public, private, and nonprofit organizations, in executive and management capacities.

He is also on the faculty of the UNM School of Public Administration in the graduate program, teaching in the areas of human resource management, nonprofit organization management, leadership, dispute resolution, organizational change, and human resource development.  

Dr. Meilleur received a BA in English Literature and Education from Bucknell University, an Executive MBA from the University of New Mexico’s Anderson Graduate School of Management, and his Ph.D. in Leadership and Organizational Learning from UNM. He received his certification as a Senior Professional in Human Resources (SPHR) in 1995, and his SHRM-Senior Certified Professional (SHRM-SCP) in 2025 from the Society for Human Resource Management.

Wrongful termination claims are increasing exponentially and are catching employers by surprise. With sympathetic juries and high verdicts, employers must understand the process and the tools they should use to best avoid these types of claims.

You’ve heard the statement, “If it’s not written down, it didn’t happen.” The human resources mantra for managers and supervisors is to "document, document, document," as disciplinary actions can often give rise to claims of discrimination, resulting in high litigation costs. But do your managers and supervisors know how, when, and what to document? 

Poorly worded documentation and suspiciously timed administration are, at the very least, problematic and, at worst, difficult to justify in employment claims. Inconsistent documentation, which may be just bad management practices, can cause employment claims from suspicious employees. Considering that writing ill-suited documentation and administering inconsistent discipline are generally carried out by managers who practice a host of other poor management habits, taken together, the factors create a situation akin to a compliance powder keg waiting to explode.

Areas Covered 

  • Best practices for addressing employee problems and the proper documentation of that process.
  • The best process to follow to avoid wrongful termination claims
  • If it isn't documented, it didn't happen!
  • What should you be aware of when documenting employee performance and behavior?
  • How to handle employee disagreement with disciplinary write-ups?
  • What, When, How, and Why to document?
  • Best practices and guidelines when documenting employee performance
  • Avoid these documentation errors

Who Should Attend

HR professionals, Managers, Supervisors, Business owners, Team leaders

Why Should You Attend

A wrongful termination lawsuit can be extremely costly and resource-intensive for your organization. Damage claims can reach six- and seven-figure dollar amounts. Employers now more than ever need to be aware of the potential exposure in a wrongful termination case and what internal and external data might be available to help defend a claim.  

The absence of solid documentation and the process used to address employee problems are the most common mistakes employers make when handling employee performance, behavior, and discipline issues. Failing to document correctly or not documenting at all can harm employers in several ways. Documentation can make or break a manager's ability to discipline, terminate, fairly promote, reward, and recognize employees.

From an HR perspective, training managers on the basics of HR compliance can help to defend against a whole host of unwarranted employment claims, including wrongful termination claims.

This webinar will help you understand what to do and what not to
do when documenting an employee's performance. Termination is one of the most challenging things a manager must do, which is why managers often give leniency on performance. Documentation of the employee's performance is critical and can make the difference between a defense verdict and a significant jury award.

Topic Background

Wrongful termination is a prevalent and often successful claim that employees bring against their employers. In HR and as managers, we are always advised to document, document, and document. Even more than documentation itself is the process that should be followed, what should be documented, how situations should be stated, what words to use, what to include or not, and how not to can be tricky if someone has never been trained. 

This webinar will cover best practices in documentation and provide guidance specifically on how to avoid wrongful termination claims. Helping your managers understand the importance of documentation is enough so that it will become a priority for them. We'll cover how to and how not to write, store, present, and use documentation.

  • $160.00



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