This seminar is designed for human resource and payroll professionals, business and benefits managers, environmental health and safety managers, occupational health nurses, insurance claims professionals and rehabilitation specialists.
This seminar is designed to provide skills and information to enable employers and their representatives to avoid employment related claims to reduce the cost of such claims, once made.
Topics to be discussed will include:
• Managing Employment Practices To Avoid And Defend Discrimination Claims
• Resolving Issues At Termination
• Interplay Of ADA, FMLA And Workers’ Compensation
• Handling A Workers’ Compensation Claim From Start To Finish
9:00 a.m. - 11:00 a.m.
I. Managing Employment Practices To
Avoid And Defend Discrimination
A. Overview Of What Is Prohibited By The Anti-Discrimination Statutes
1. Sex Discrimination (Including Harassment)
2. Age Discrimination
3. Other Basis Discrimination
5. The Process
6. The Employer’s Defenses
B. Establishing And Maintaining Appropriate Anti-Discrimination Policies
1. Policies That Are Calculated To Prevent And Correct Promptly Any Discrimination (Including Sexual Harassment) May Avoid Liability
2. Policies Should Set Out A Clear Reporting Mechanism
3. Policies Should Make It Clear That Retaliation Is Not Permitted
4. Policies Should Identify What Is Meant By Discrimination
5. Policies Should Establish Sanctions For Discrimination
C. Enforcing Anti-Discrimination Policies To Avoid Claims
1. Investigate On All Complaints
2. Discipline Appropriately
3. Document Investigation And Disciplinary Action
D. Managing Employees To Avoid Claims
1. Claims Occur After Adverse Employment Actions
2. The Employer Must Have Legitimate Non- Discriminatory Reasons For Adverse Employment Actions
3. Documentation Will Help Probe Legitimacy Of Actions; Documenting Employer’s Good Deeds Is Important
4. Consistency Will Help Prove Legitimacy Of Actions
E. Conclusion And Discussion
11:00 a.m. - 11:15 a.m.
11:15 a.m. - 12:00 p.m.
II. Resolving Issues At Termination
A. Voluntary Resignation vs. Involuntary Termination
B. Compensation At Termination
2. Severance Benefits
3. Unemployment Benefits
C. Benefit Issues
1. Continuation Of Health Insurance Rights Under COBRA
2. Work Related Illnesses And Injuries
D. Identifying Possible Exposure
1. Effect On Workers’ Compensation Claims
2. Wrongful Discharge
3. Discrimination Claims
4. Violations Of Other Employment Related Statutes
E. Global Releases, Severance Agreements And Settlement Of Claims
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:15 p.m.
III. Interplay Of ADA, FMLA And
A. Statutory Basics
1. Who Is Covered
2. What Do The Laws Require
B. Key Differences
C. Managing The Interaction Of The Statutes
2:15 p.m. - 2:30 p.m.
2:30 p.m. - 4:30 p.m.
IV. Handling A Workers’ Compensation
Claim From Start To Finish
A. An Overview Of Iowa And Nebraska Workers’ Compensation Law
B. Handling Claims That Are Not Litigated (Yet)
1. Reporting The Injury
2. Tips For Preventing The Claim From Becoming Litigated
C. Handling Litigated Claims
1. The Litigation Process
2. Cooperating With Your Attorney
3. Resolving The Claim
D. Questions And Discussion