Performance and Termination Decisions Under the FMLA and ADA

Avoiding Retaliation Claims and Litigation When Disciplining or Discharging Employees on Protected Leave

A live 90-minute CLE webinar with interactive Q&A


Wednesday, November 1, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, October 6, 2017


This CLE webinar will prepare employment counsel to navigate difficult performance and termination decisions that arise while an employee is on job-protected leave. The panel will outline an employer’s obligations under the Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA) and other leave protection laws, and outline best practices for documenting performance issues and disciplinary actions and avoiding retaliation claims.

Description

Terminating or disciplining an employee for performance or disciplinary reasons is difficult under the best of circumstances. Terminating or disciplining an employee who is on job-protected leave adds layers of complexity and can expose an employer to costly claims and lawsuits for retaliation and/or interference.

The FMLA, ADA and state workers’ compensation statutes all protect employees who need to take time off from work because of medical, disability or family issues. These laws intersect and overlap, and in some cases, an employee may be protected under all three.

Disciplining or discharging an employee who is on leave or recently returned from leave is fraught with litigation risks. Courts scrutinize timing if claims are filed, and employers must have documentation supporting the action.

Listen as our experienced panel of employment attorneys discusses strategies for navigating difficult performance and termination decisions when they arise while an employee is on job-protected leave. The panel will discuss how the FMLA, ADA and state workers’ compensation leave laws intersect, and outline best practices for handling performance issues and avoiding retaliation claims.

Outline

  1. Brief overview of federal and state leave protection laws
  2. Documentation best practices
  3. Timing considerations
  4. Strategies for overcoming abuse
  5. Review of recent case law
  6. Best practices to avoid retaliation claims

Benefits

The panel will review these and other key issues:

  • How can employers respond to common types of employee leave abuse without violating the law?
  • How can employers ensure compliance in situations where they must navigate multiple laws regulating employee leave?
  • How can employers approach disciplining an employee claiming entitlement to leave, special ADA consideration or workers’ comp?
  • What are the best practices to implement to avoid retaliation/discrimination claims under the FMLA, ADA or workers’ comp?
  • When is it permissible to terminate an employee on FMLA leave?
  • How do courts evaluate timing issues in retaliation cases?

Faculty

Louisa J. Johnson, Partner
Seyfarth Shaw, Atlanta

Ms. Johnson is a member of the firm’s national Wage & Hour Litigation Practice Group where she devotes the majority of her practice to defending management in both single-plaintiff and complex federal and state wage and hour litigation and to conducting preventative workplace assessments of employers’ pay practices and employee classifications to ensure compliance with the FLSA and state wage and hour laws. She has conducted more than thirty preventative workplace assessments for companies regarding the classification of employees as exempt or non-exempt, the pay practices and policies with respect to non-exempt, overtime-eligible employees (including tipped employees), and the classification of certain workers as independent contractors.

Evan H. Pontz, Partner
Troutman Sanders, Atlanta

Mr. Pontz specializes in employment and labor law matters, including discrimination litigation, traditional labor law issues, compliance counseling and preventative training. He represents companies in discrimination litigation involving sex, race, age, disability, sexual harassment, FMLA leave issues, wage and hour matters, and state law tort claims, as well as in labor arbitrations, contract negotiations, and in dealing with existing or potential unions.


Live Webinar

Live Webinar $247.00

Includes Early Discount Savings of $50.00 (through 10/06/17)

Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.

This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $247.00
Available 48 hours after the live event

Includes Early Discount Savings of $50.00 (through 10/06/17)

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Recorded Event

Includes full event recording plus handouts (available after live webinar).

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $247.00
Available 48 hours after the live event

Includes Early Discount Savings of $50.00 (through 10/06/17)

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Recorded Audio Download (MP3) $247.00
Available 24 hours after the live event

Includes Early Discount Savings of $50.00 (through 10/06/17)

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DVD (Slide Presentation with Audio) $247.00 plus $9.45 S&H
Available ten business days after the live event

Includes Early Discount Savings of $50.00 (through 10/06/17)

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Registration Plus Recorded Event

Best value!

Live Webinar & Webinar Download $344.00

Includes Special Savings of $250.00 (through 10/06/17)

Live Webinar & Audio Download $344.00

Includes Special Savings of $250.00 (through 10/06/17)

Live Webinar & DVD $344.00 plus $9.45 S&H

Includes Special Savings of $250.00 (through 10/06/17)


Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Early Registration
Discount Deadline
October 6, 2017

or call 1-800-926-7926

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Customer Reviews

I appreciated that the program was directly on point and did not deviate from the subject matter.

Paul Deyhle

McDonald Carano Wilson

High quality content, good speakers, and convenient to do over the web.

Ed Moomjian

Udall Law Firm

I enjoyed the practical tips and take aways.

Mary Funk

Nyemaster Goode

I thought it was great to hear from some experts on this topic.

Debbi Cicerello

MSC Industrial Direct Co.

Convenient, interesting and informative. Strafford brought together good subject matter experts with practical knowledge.

Thom Cope

Udall Law Firm

or call 1-800-926-7926

Employment & ERISA Advisory Board

Susan E. Bernstein

Special Counsel

Schulte Roth & Zabel

Judith (Jude) Biggs

Partner

Holland & Hart

Joshua Davis

Director

Goulston & Storrs

Barbara E. Hoey

Partner

Kelley Drye

Jeffrey Hollingsworth

Partner

Perkins Coie

Diana L. Hoover

Partner

Hoover Kernell

Paul J. Kennedy

Shareholder

Littler Mendelson

Marcia Nelson Jackson

Partner

Wick Phillips

William C. Martucci

Partner

Shook Hardy & Bacon

Laura Foote Reiff

Shareholder

Greenberg Traurig

Eugene Scalia

Partner

Gibson Dunn & Crutcher

Peter Steinmeyer

Member

Epstein Becker & Green

Teresa R. Tracy

Partner

Freeman Freeman Smiley

Todd D. Wozniak

Shareholder

Greenberg Traurig

or call 1-800-926-7926

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