Publications
Stacking the Deck in Your Favor
There are certain situations in which judges or juries expect to see documents. If they don't see the documents they believe should be there, they are likely to conclude that the events in question never took place. If an employee claims that she was racially discriminated against, and if, without credible explanation, there is no evidence of a written complaint to a superior, judges and juries tend to discount the employee's claim. So, too, if an employer claims that an employee performed incompetently and this, as opposed to age, race or gender, was the reason the employee was fired, judges or juries expect something in a personnel file that clearly documents the employer's position. Without it, the employer looks as though it is fabricating a lame excuse for a discriminatory action.
So give the courts what they want and expect - documentation. In the process, you stack the deck in your favor. To do it, you need to train executives and managers to recognize the situations that merit documentation; you need to train them to prepare the documents in a way that makes the documents admissible in court; and you need to train them to prepare documents that help you, as opposed to providing "smoking guns" for your adversaries.
SUMMARY: We have been training executives and managers all over the country for years, and it works - there are few liability avoidance techniques that are more powerful and effective.
Counsel Consulting Group LLC helps companies throughout the United States avoid employment and HR-related claims and liabilities. CCG assesses existing policies, procedures and problem areas; it provides customized liability-avoidance training to managers and executives; and it designs and implements business techniques that reduce employment liability risks on a long term basis. CCG also offers specialized workshops for managers and HR executives, customized consulting in focused employment-related areas, and CD-ROM and web-based training alternatives. For more information, contact us at info@powelltrachtman.com and visit our website at www.counselconsulting.com.
Powell, Trachtman, Logan, Carrle & Lombardo, P.C. is a full service law firm with offices in suburban Philadelphia, PA, Harrisburg, PA and Cherry Hill, NJ. Powell Trachtman represents a variety of commercial enterprises, entrepreneurs and business executives in respect to their litigation, litigation avoidance planning, business formation, business transactions, estate and tax planning, and other needs. We are also approved defense counsel for numerous insurance carriers in matters pertaining to professional malpractice, products liability, employment practices, directors and officers liability, and many other fields. For more information, contact us at info@powelltrachtman.com and visit our website at www.powelltrachtman.com.
