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Disciplining Employees: Costly Mistakes to Avoid and How to Properly Document Disciplinary Action
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When: Wednesday, February 20, 2019
From 7:30 until 9:30 AM
Where: The Plaza Club, 20th Floor
900 Fort Street Mall
Honolulu, Hawaii  96813
United States
Contact: Landon Wong

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Your company can minimize liability by following the proper steps when disciplining an employee.   

  • Did you conduct an investigation and/or review all necessary documents prior to imposing discipline?
  • Have you reviewed your employee handbook for guidance regarding discipline and discharge?
  • What is the cause of the problem?  Has a rule/policy been violated?  Has the employee been provided notice of this rule/policy?
  • Has this rule/policy been consistently enforced? 
  • Are you practicing open and active communication with the employee to make them aware that their unacceptable conduct or unsatisfactory performance?
  • Is the employee aware that he/she could be discharged based on violation of a particular rule/policy?
  • Have you properly documented the events? 

This session will explore situations where progressive discipline may be appropriate and situations where it could be problematic.  It will also explore how to properly document employee discipline.   We will also provide learning lessons from both legal and HR perspectives.

  Kendra K. Kawai is a Director in the labor and employment department of Torkildson, Katz, Hetherington, Harris & Knorek. She has extensive trial experience and regularly defends small and large employers in discrimination, harassment and disability cases at the administrative, state and federal levels. She also provides employers with guidance on wage and hour compliance issues and evaluates and updates employee handbooks.  
  Joseph A. Ernst is a Director of Torkildson, Katz, Hetherington, Harris & Knorek and a member of the labor and employment department. His practice involves counseling and defending employers in all aspects of employment law, including defense of wrongful discharge, discrimination, harassment, whistleblower, and retaliation claims. He also assists clients with employer compliance with state and federal employment and labor laws.
Margarete Hester currently serves on the SHRM Hawaii Board of Directors for 2019.  She has over 20 years of Human Resources experience working in the United States and Canada.  She is also active with the Disability:IN Chapter in Oahu that promotes disability inclusion by heightening awareness, advising corporations and sharing proven strategies for including people with disabilities in the workplace, supply chain, and marketplace. 

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