Leveraging Prior Unemployment, Workers' Comp and EEOC Administrative Determinations in Employment Litigation

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


Conducted on Wednesday, July 29, 2015

Recorded event now available

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Program Materials

This CLE webinar will guide employment counsel in using determinations from administrative proceedings to their clients’ advantage in subsequent litigation. The panel will discuss best strategies for leveraging findings and rulings from unemployment, workers’ compensation, EEOC and other administrative proceedings, and navigating varying approaches to the doctrine of collateral estoppel among jurisdictions.

Description

Employees often file lawsuits against current or former employers after administrative proceedings arising from the same circumstances. A single employment dispute may lead to an unemployment compensation claim, a workers’ compensation claim, a discrimination claim filed with a federal or state agency, and a lawsuit against the employer.

Depending on the outcome of the administrative proceeding, the parties in the subsequent litigation may seek to introduce or limit determinations and findings from the proceedings. Counsel must be able to spot the issues and evidence—which may have been presented for a different purpose in the administrative proceeding—and prepare to counter arguments that findings or rulings are not admissible under the doctrine of collateral estoppel or for other reasons.

Listen as our authoritative panel of employment counsel outlines strategies for using factual findings and determinations from administrative proceedings in subsequent employment litigation. The panel will provide guidance on leveraging findings and rulings from unemployment, workers’ compensation, EEOC and other administrative proceedings, and navigating varying approaches to the doctrine of collateral estoppel among jurisdictions.

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Outline

  1. Identification of issues, claims and defenses
  2. Strategies for plaintiffs
  3. Strategies for defendants
  4. Collateral estoppel generally
    1. Variations among jurisdictions
    2. Variations depending on statutes, agencies
  5. Review of cases

Benefits

The panel will review these and other key issues:

  • How should employers prepare for administrative proceedings in anticipation of subsequent litigation?
  • Under what circumstances are administrative proceedings preclusive?
  • What key admissions or findings can be used to support dispositive motions?

Faculty

Patricia C. Collins
Patricia C. Collins

Partner
Antheil Maslow & MacMinn

Ms. Collins counsels clients in litigation regarding business disputes, business dissolutions and separations,...  |  Read More

Nathaniel M. Glasser
Nathaniel M. Glasser

Partner
Epstein Becker and Green

Mr. Glasser’s practice focuses on the representation of leading companies and firms, including publishing...  |  Read More

Valdi Licul
Valdi Licul

Partner
Vladeck Raskin & Clark

Mr. Licul represents employees in all aspects of employment law, including executive compensation, discrimination,...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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