Terminating Employees on Job-Protected Leave: Avoiding FMLA and ADA Claims
Recording of a 90-minute CLE webinar with Q&A
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.
- Brief overview of federal and state leave protection laws
- Documentation best practices
- Timing considerations
- Strategies for overcoming abuse
- Review of recent case law
- Best practices to avoid retaliation claims
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?
Louisa J. Johnson
Ms. Johnson is a member of the firm’s national Wage & Hour Litigation Practice Group where she devotes the... | Read More
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.Close
Evan H. Pontz
Mr. Pontz specializes in employment and labor law matters, including discrimination litigation, traditional labor law... | Read More
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.Close