Michael Ford (post until Oct. 31/19)
Employment & Labour

Disciplinary conversations should be recorded in writing

When punishing an employee’s inappropriate behaviour, employment lawyer Arthur Zeilikman tells Lawyers Weekly one of the first steps is to record the discussion in writing in case it needs to be referenced later.

In simple scenarios, says Zeilikman, progressive discipline may include a person with authority reviewing the person’s conduct, speaking to the individual in private, explaining the mistake and recording the discussion in writing.

“If the same behaviour occurs again you can revisit the written record,” he tells the legal publication.

More serious mistakes may warrant harsher responses, Zeilikman, of Zeilikman Law, says in the article, which discusses disciplinary measures at law firms specifically.

In cases where an individual at a firm is fired, Zeilikman says it must be taken into consideration that clients could choose to stay loyal to their lawyer rather than the firm. 

"Ultimately, speaking in practical terms, the law firm employer would have to consider what this termination may cost them because clients might leave," he tells AdvocateDaily.com.

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