HR Documentation: How Can HR Professionals and Supervisors Create Litigation-Proof Decisions in 2026

Employee documentation continues to be one of the most sensitive and mishandled areas of HR management. In many workplaces, supervisors know they need to address poor performance, misconduct, attendance problems, or policy violations, but they often struggle with how to document those issues clearly, consistently, and appropriately. Some delay the process because they want to avoid conflict. Others document too little, use vague language, mix facts with conclusions, or fail to connect the issue back to policy. In 2026, those mistakes can leave employers exposed at the very moment they need documentation to support a disciplinary decision.
 
For HR professionals, the problem is rarely just the absence of paperwork. The real issue is whether the documentation is complete, objective, properly placed, aligned with internal policies, and strong enough to support later action. When documentation is inconsistent, when managers treat similar situations differently, or when personnel files contain the wrong information in the wrong place, employers can create unnecessary risk for themselves. A weak documentation trail can undermine performance management, complicate terminations, and increase the likelihood of complaints, disputes, and legal scrutiny.
 
This webinar will address the practical realities behind workplace documentation and disciplinary action. It will help attendees understand what belongs in the personnel file, what should be kept separate, how many files employers may need to maintain, and why proper record handling matters. It will also examine the fundamentals of effective written documentation, including how to address negative behavior, how to structure warnings and corrective action, how to handle employee disagreement or explanation, and how to avoid writing that sounds emotional, inconsistent, or legally damaging.
 
Attendees will also gain guidance on progressive discipline, performance improvement plans, written warnings, and the role of the employee handbook in supporting documentation decisions. The session is designed to help HR professionals and supervisors create documentation that is factual, policy-based, and defensible—so that when corrective action becomes necessary, the employer has a clear, credible, and well-supported record to stand behind.

• What documents should be in the personnel file, and what should be out
• How many files should an Employers have for employees
• Written Documentation Myths and Facts
• Why is documentation one of the most difficult aspects of employee relations?
• What are the elements of effective documentation?
• What policies and procedures must be included in an Employee Handbook to support decisions to document any disciplinary action?
• What key issues must be addressed when documenting negative behavior?
• Should you include different incidents in an employee write up?
• What can an employee do if they do not agree or they want to explain their side of the situation?
• Instructions for Establishing a Performance Improvement Plan (PIP) PIP Template
• How can supervisors increase their success when writing corrective actions?
• Learn to create a written warning and disciplinary actions that withstand legal scrutiny;
• Review the elements that have to be included in a written warning/disciplinary action;
• What fines and penalties can be levied if no one documents performance?
• Dos and Don’ts of documentation;
• The importance of the Employee Handbook and the consistency of tracking behaviors.

• Human Resources Directors/HR Managers
• Employee Relations Managers/Employee Relations Specialists
• Human Resources Business Partners (HRBPs)/Labor Relations Managers
• Compliance Managers/Workplace Investigations Managers
• Employee Relations Consultants/HR Compliance Specialists
• Personnel Managers/people Operations Managers
• Talent Operations Managers/Performance Management Managers
• Training and Development Managers with supervisory compliance responsibilities
• Operations Managers with direct employee discipline authority
• Department Managers/Supervisors/Front-Line Managers/General Managers
• Small Business Owners/Business Owners
• Executive Directors
• Chief Human Resources Officers (CHROs)
• In-house Employment Counsel
• Corporate Counsel handling HR and employment matters

Margie Faulk is a senior level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public and Non-profit sectors.  Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties from violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural.

Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, Immigration compliance, employee handbook development, policy development, sexual harassment investigations/certified training, SOX regulations, payroll compliance, compliance consulting, monitoring US-based federal, state and local regulations, employee relations issues, internal investigations, HR management, compliance consulting, internal/external audits, and performance management.
Margie is a speaker and accomplished trainer and has created and presented compliance seminars/webinars for over 16 US and International compliance institutes. Margie has testified as a compliance subject matter expert (SME) for several regulatory agencies and against regulatory agencies, thank goodness not on the same day. Margie offers compliance training to HR professionals, business owners, and leadership to ensure compliance with workplace and regulations. 
Margie’s unique training philosophy includes providing free customized tools for all attendees. These tools are customized and have been proven to be part an effective risk management strategy. Some of the customized tools include the I-9 Self Audit. Correction and Storage program, Ban the Box Decision Matrix Policy that Employers can provide in a dispute for allegations, Family Medical Leave Act (FMLA) Compliance Guide, Drug-Free Workplace Volatile Termination E-Book and other compliance program tools when attendees register and attend Margie’s trainings.
Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).