Employee Hiring and Firing: Legal and Practical Guidance for Employment Counsel

Strategies to Minimize Negligent Hiring or Wrongful Termination Claims

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, November 2, 2010

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will provide legal and practical strategies for counsel to employers when hiring and terminating employees to ensure compliance with federal and state laws and minimize litigation risks.


Employee lawsuits alleging negligent hiring and wrongful termination are soaring. It is more important than ever for employers' counsel to examine the steps the employers routinely take when hiring and firing workers to ensure that their procedures comply with federal and state law.

Defending negligent hiring and wrongful discharge claims is expensive and time-consuming for businesses. A thoughtful and strategic approach to hiring and firing employees is an employer’s best defense against a potential lawsuit.

Listen as our authoritative panel of employment attorneys discusses common legal issues that arise during the hiring and firing of employees and provides practical guidance on how to deal with them in a way that minimizes liability risk.



  1. Overview of laws governing hiring and firing
    1. Title VII of the Civil Rights Act of 1964
    2. Americans with Disabilities Act
    3. Rehabilitation Act of 1973
    4. Age Discrimination in Employment Act of 1967
    5. Civil Rights Act of 1866, Sections 1981 and 1983
    6. Equal Pay Act
    7. Executive Order 11246 for federal contractors
    8. Fair Credit Reporting Act
    9. State laws
  2. Hiring best practices
    1. Job description/advertising
    2. Applications
    3. Interviews
    4. Reference and background checks
    5. Pre-employment testing
    6. At-will employment
    7. Drafting the offer letter and employment contract
  3. Pre-termination and termination strategies
    1. Employee evaluations
    2. Progressive discipline
    3. Documentation (including emails and other e-discovery issues)
    4. Avoiding discrimination and retaliation claims


The panel will review these and other key questions:

  • What federal and state laws govern or are implicated during the hiring and firing processes?
  • What are the legal limitations for employers using social networking websites, criminal background checks and credit checks to screen prospective employees?
  • How has the introduction of email and e-discovery mandates impacted employers' documentation practices during the hiring and termination processes?
  • What best practices should employers and their counsel employ to limit exposure to lawsuits when hiring and firing employees?


John E. Quinn
John E. Quinn

Eckert Seamans

He represents both organized and unorganized employers in all aspects of employee relations. He has defended employers...  |  Read More

Keith A. Watts
Keith A. Watts

Ogletree Deakins

He practices exclusively labor and employment law and has handled a wide variety of matters, including sexual...  |  Read More

Sidney L. Gold
Sidney L. Gold

Principal Shareholder
Sidney L. Gold & Associates

His practice is exclusively concentrated in the representation of both employees and employers in all aspects of...  |  Read More

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