Employee Performance and Termination: Key Considerations under the FMLA and ADA
For the past years, the number of retaliation claims and litigation filed with the Equal Employment Opportunity Commission (EEOC) has been continuously increasing and branding retaliation lawsuits as the most frequently filed type of workplace discrimination. Terminating or disciplining employees has always been one of the most difficult tasks for employers. Existing laws like the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA) and other leave protection laws protect employees from possible termination or discrimination.
Terminating, disciplining and discriminating employees who is on job-protected leave, can expose employers to costly claims, retaliation lawsuits and litigation risks. To avoid such challenges, it is crucial for employers to ensure strict adherence to the FMLA, ADA and other leave protection laws.
In this LIVE Webcast, a panel of key thought leaders and professionals brought together by The Knowledge Group, will provide the audience with an in-depth discussion of the practical strategies in avoiding retaliation claims and litigation risks that may arise in performance and termination decisions made under the FMLA and ADA. Speakers will also outline best practices when handling performance issues and retaliation claims.
Key topics include:
- Family and Medical Leave Act - Legal Framework
- Americans with Disabilities Act - An Overview
- State Workers’ Compensation Provisions
- Identifying Employers' Obligations
- Types of Maximum Leave Policies
- Common Types of Employee-Leave Abuse
Ballard Rosenberg Golper & Savitt LLP
Ballard Rosenberg Golper & Savitt LLP
- ADA & FMLA BASICS
- Key definitions
- Employee & employer responsibilities
- Reasonable accommodations
- Undue hardship
- Eligibility criteria
- Reason for taking leave
- Dueling doctors – employers right to second and third opinions
- Rights & obligations
- POTENTIAL CLAIMS AND LIABILITY UNDER BOTH
- Interference, discrimination
- Failure to engage in the interactive process
- Failure to accommodate
- EMPLOYER & EMPLOYEE MISTAKES
Outten & Golden LLP
Who Should Attend:
- Labor and Employment Lawyers
- Employment Law Counsel
- Workers’ Compensation Professionals
- Human Resources/Benefits Personnel
- Workplace Accommodation
- Multinational Companies
- Private and Public Companies
Katherine regularly provides advice and counsel to employers in all matters which bear upon the employment relationship. Her work includes advice on employment law strategy and compliance, traditional labor relations matters (union organizing, strikes/picketing, collective bargaining, grievance handling and arbitration), claims for employment discrimination, sexual and other workplace harassment, wrongful termination, and whistleblower complaints. Katherine also assists employers in developing management oriented employment agreements, personnel policies, separation agreements, trade secret and proprietary information agreements, sexual and other workplace harassment policies, and routine employment forms (employment applications, formal evaluations, employee handbooks, FMLA/CFRA compliance forms)
Katherine is a frequent public speaker. As part of the firm’s preventative philosophy, she designs and presents customized internal management training programs on a broad range of employment law matters. She routinely conducts sexual harassment training programs and other seminars designed to provide management tools on a variety of employment law matters. She also lectures for bar associations, trade organizations, and management groups, and is a regular author and editor of the firm’s e-bulletin Compliance Matters.
Katherine regularly provides advice and counsel to employers in all matters which bear upon the employment relationship. Her work includes …
Shant practices exclusively in the area of employment law on behalf of management. He has successfully defended both private and public employers against allegations of discrimination, harassment, retaliation, wrongful termination in violation of public policy, failure to prevent discrimination, and defamation. In advising clients, Shant strongly emphasizes implementing practices to limit exposure and proactively avoid litigation.
Shant practices exclusively in the area of employment law on behalf of management. He has successfully defended both private and …
Melissa E. Pierre-Louis is an attorney at Outten & Golden LLP in New York, where she represents employees in litigation and negotiation in all areas of employment law, including individual discrimination cases and wage and hour actions. Ms. Pierre-Louis is Co-Chair of O&G’s Family Responsibilities and Disability Discrimination Practice Group. She is also the Co-Chair of the FMLA subcommittee of ABA Federal Labor Standards Legislation Committee. Ms. Pierre-Louis lectures and has written articles on a variety of employment law-related topics and recently served as Associate Editor of "The Family and Medical Leave Act, 2015 Cumulative Supplement," ABA Section of Labor & Employment Law. Melissa E. Pierre-Louis is admitted to the state bar of New York and the United States District Courts for the Southern and Eastern Districts of New York.
Melissa E. Pierre-Louis is an attorney at Outten & Golden LLP in New York, where she represents employees in litigation …
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Method of Presentation:
NASBA Field of Study:
Personnel/Human Resources - Non-Technical
NY Category of CLE Credit:
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About Ballard Rosenberg Golper & Savitt LLP
For the past 30 years, Ballard Rosenberg Golper & Savitt, LLP has been providing employers throughout the U.S. with labor and employment law advice and representation. The firm engages exclusively in the practice of labor and employment law on behalf of employers and management. We advise our clients on formulating and implementing labor and employee relations policies to achieve desired goals without resort to adversary proceedings. Our objective is to help clients avoid problems, rather than merely react to crises. When the only option is litigation, we have a winning track record before federal and state courts (over 100 jury victories), and the administrative agencies which enforce federal, state and local employment laws. And, we have had the privilege of making very favorable law for our employer clients and the employer community . Our primary office is in Los Angeles, CA, and we have satellite offices in New York, NY, and Charlotte, NC.
About Outten & Golden LLP
Outten & Golden LLP focuses on advising and representing individuals in employment, partnership, and related workplace matters both domestically and internationally. The firm counsels individuals on employment and severance agreements; handles complex compensation and benefits issues (including bonuses, commissions, and stock/ option agreements); and advises professionals (including doctors and lawyers) on contractual issues. It also represents employees with a wide variety of claims, including discrimination and harassment based on sex, sexual orientation, gender identity and expression, race, disability, national origin, religion, and age, as well as retaliation, whistleblower, and contract claims. The firm handles class actions involving a wide range of employment issues, including economic exploitation, gender- and race-based discrimination, wage-and-hour violations, violations of the WARN Act, and other systemic workers' rights issues.
Outten & Golden has nine practice groups: Executives & Professionals, Financial Services, Sexual Harassment & Sex Discrimination, Family Responsibilities & Disabilities Discrimination, Lesbian Gay Bisexual, Transgender and Queer (LGBTQ) Workplace Rights, Discrimination & Retaliation, Whistleblower Retaliation, Class & Collective Actions, and WARN Act.
Outten & Golden has offices in New York, Chicago, and San Francisco.