Employee lawsuits have become something to be expected in the regular course of doing business these days. No amount of advice can guarantee that your company will not be sued, but educating yourself, your human resources personnel and supervisory personnel about the laws that regulate an employer's conduct toward its employees and employment applicants can substantially limit your company's potential liability.
This program will focus on the many laws governing employers, and effective practices and policies concerning hiring and firing to ensure that employers are in compliance with these laws. The faculty will be prepared to respond to your specific questions with detailed and effective advice.
- Monitoring and documenting employee performance
- Employment contracts and handbooks
- Termination of the employment relationship
- Tips on avoiding litigation
- The pre-employment and employment relationship
8:30 a.m. - 9:35 a.m.
I. The Employment Relationship
A. Pre-Employment Testing/Background Checks
B. Application Forms
C. Job Interviews/Permissible Questions
D. Offers Of Employment
E. The Employment At-Will Doctrine
F. Employees Or Independent Contractors?
G. Temporary Employees – Employee Leasing
9:35 a.m. - 10:35 a.m.
II. Employment Contracts And Employee Handbooks
A. Employment Contracts
B. Non-Disclosure/Non-Compete Agreements
C. Employee Handbooks
10:35 a.m. - 10:45 a.m.
10:45 a.m. - 11:30 a.m.
III. Termination Of The Employment Relationship
A. Termination Of An At-Will Employee
B. Employer Obligation On Discharge
C. Recommended Procedures For Terminating An Employee
11:30 a.m. - 12:30 p.m.
Lunch (On Your Own)
12:30 p.m. - 1:35 p.m.
IV. Preparing For Litigation
A. Need For Documentation
B. Having More Than One Witness
C. Selecting Key Managers With An Eye Toward Litigation
D. Counseling, Avoiding Confrontations And Avoiding Litigation
1:35 p.m. - 2:30 p.m.
V. Monitoring And Documenting Employee Performance
A. Drug Testing
B. Surveillance, Monitoring E-Mail
C. Required Recordkeeping Under State And Federal Law
D. Employee Access To Records
E. Performance Evaluations
F. Disciplinary Policies
G. Personnel Files
2:30 p.m. - 2:40 p.m.
2:40 p.m. - 3:30 p.m.
VI. Harassment In The Work Place
A. Recognizing Harassment
B. What Is Sexual Harassment?
E. Steps To Minimize Liability
3:30 p.m. - 4:15 p.m.
VII. Other Specific Laws To Consider In Making Discipline And Discharge Decisions
A. Family Medical Leave Act
B. Americans With Disabilities Act
C. Age Discrimination In Employment Act
D. WARN Act
E. The New Sexual Harassment Standard
F. Other Labor And Employment Relations Laws
4:15 p.m. - 4:30 p.m.
VIII. Questions And Answers