Performance and Termination Decisions Under the FMLA and ADA
Avoiding Retaliation Claims and Litigation When Disciplining or Discharging Employees on Protected Leave
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 best practices for documenting performance issues and disciplinary actions and avoiding retaliation claims.
- Briefing on 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 relevant 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?
Alexander P. Berg
Kollman & Saucier
Mr. Berg is familiar with issues arising under Title VII of the Civil Rights of 1964, the FLSA, FMLA, ADA, and ADEA, as... | Read More
Mr. Berg is familiar with issues arising under Title VII of the Civil Rights of 1964, the FLSA, FMLA, ADA, and ADEA, as well as state and local employment law and wage and hour statutes, with a concentration on Maryland and the District of Columbia. He is a frequent contributor to Matthew Bender’s Labor and Employment Bulletin and a member of the Litigation and Labor & Employment Sections of the Maryland State Bar Association. Mr. Berg recognizes the value of using practical and efficient strategies designed to minimize risk and potential exposure for clients, advising employers on their legal obligations while keeping them free to pursue those business practices that allow them to be successful in the first place.Close
Sarah N. Turner
Gordon Rees Scully Mansukhani
Ms. Turner's litigation experience includes defending employers in wrongful discharge, discrimination, harassment,... | Read More
Ms. Turner's litigation experience includes defending employers in wrongful discharge, discrimination, harassment, retaliation, invasion of privacy, defamation, and wage and hour suits in state and federal courts. She counsels, trains, and represents clients on a broad range of employment law issues, including hiring, review, and termination procedures; workplace investigations; discrimination, harassment, and retaliation issues; wage and hour law and FMLA issues. Ms. Turner also drafts and updates personnel policies, workplace privacy issues, employee handbooks, drug and alcohol policies, employment agreements, trade secret issues, and non-competition agreements.Close