Employer/employee litigation may take place in either state or federal court. This seminar is designed to provide attorneys and human resource professionals with pointers on how to most effectively deal with common employee claims. Our distinguished faculty will provide attendees with practical insights on the issues that arise in employee relations and teach attendees how to properly handle a broad spectrum of employee claims, including sexual harassment and non-compete agreement claims.
- Ethical considerations in taking the case
- Navigating the administrative process
- Understand important liability distinctions between co-worker and supervisor harassment
- Understand an employers' policy obligations to avoid liability
- Non-compete agreement claims
- Mediation, arbitration and settlements
9:00 a.m. - 10:00 a.m.
I. Considerations In Taking A Case
A. Ethical Considerations
1. Taking The Right Client
2. Taking The Right Claim
B. Practical Considerations
10:00 a.m. - 10:15 a.m.
10:15 a.m. - 11:15 a.m.
II. Administrative Process
A. Jurisdiction Of EEOC And State Agencies
B. Filing And Responding To A Charge
C. Agency Investigation
D. Settlement And Conciliation
E. Determination And Appeals
11:15 a.m. - 12:15 p.m.
III. Sexual Harassment: Legal Issues And Liability Standards
A. Recoverable Damages
B. Liability For Co-Worker Sexual Harassment (Direct Liability)
C. Liability For Supervisor Sexual Harassment (Vicarious Liability)
1. Tangible Employment Action
2. Employer's Affirmative Defense
12:15 p.m. - 1:15 p.m.
Lunch (On Your Own)
1:15 p.m. - 2:15 p.m.
IV. Non-Compete Agreement Claims
A. The Courts: Non-Compete Agreements
B. Writing An Enforceable Agreement
C. Defending Against Unfair Agreements
2:15 p.m. - 2:30 p.m.
2:30 p.m. - 3:30 p.m.
V. Mediation And Arbitration
A. Mediation And Arbitration: Preparing Your Client
B. Mediation Position Statements
C. Effectively Managing Employment Mediation
3:30 p.m. - 4:30 p.m.
VI. Mediating And Settlement – A Roundtable Discussion