This seminar is designed for human resource professionals, business owners and managers and accountants.
California employers face a bewildering array of limitations on the right to discipline or terminate an employee, even a chronic poor performer. Many employers have been faced with expensive employment litigation lawsuits or threatened claims. The state and federal legislatures continue to enact statutes that create additional burdens for employers, and keeping abreast of current developments is critically important for employers.
This program will review the legal obligations of employers in disciplining and terminating employees. More importantly, it will focus on practical advice on how to handle day-to-day employment issues in the workplace. The topics to be covered will include:
• What Types Of Employer Action Short Of Termination Can Give Rise To A Lawsuit?
• How Should An Employer Discipline A Poor Performer?
• When And How Should An Employer Investigate Potential Employee Misconduct?
• How Should An Employer Document The Disciplinary And Termination Process?
The presenters are experienced employment lawyers. Their practices emphasize both preventative counseling of employers and the defense and trial of employment litigation cases.
8:30 a.m. - 9:00 a.m.
I. “Rightful Termination”
A. What Juries, Judges And Arbitrators Look For In Termination And Discipline Cases
9:00 a.m. - 9:30 a.m.
II. The Employment Relationship In California
9:30 a.m. - 10:40 a.m.
III. Legal Restrictions On The Employment At Will Rule
A. Employment Contracts
1. Express And Implied
2. Individual Contracts
3. Handbooks, Policies And Employment Applications
B. Public Policy Restrictions
C. Statutory Restrictions
1. Discrimination Laws, Including Title VII, The Fair Employment And Housing Act And The Americans With Disabilities Act
2. Leave Laws, Including Family And Medical Leave And Workers’ Compensation
D. Common Law Restrictions
10:40 a.m. - 10:50 a.m.
10:50 a.m. - 12:00 p.m.
IV. The Discipline Process
A. Knowing And Following Your Company’s Policies And Practices
B. Whether To Use Progressive Discipline
C. When And How To Discipline
D. When Not To Discipline
E. Poor Performance vs. Misconduct
F. How To Document The Discipline
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:00 p.m.
V. Documentation And Discipline In Specific Situations
B. Chronic Complainers
C. Long-Term Underperformers
D. Employees With Health Problems
E. Belligerent Or Violent Employees
2:00 p.m. - 3:00 p.m.
VI. Investigations Of Misconduct Or Performance Issues
A. The Twelve Rules For Effective Investigation, Including Timing, Confidentiality, Planning, Documentation And Communicating The Results
3:00 p.m. - 3:10 p.m.
3:10 p.m. - 4:10 p.m.
VII. Termination Decisions
A. How To Terminate An Employee
B. Documenting The Termination Process
C. Alternatives To Termination
4:10 p.m. - 4:30 p.m.
VIII. Questions And Answers