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 course 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.
Outline
- 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
Benefits
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?
Faculty
Kevin Levine
Attorney
Clark Hill
Mr. Levine focuses on the representation and counseling of public and private employers in labor matters such as... | Read More
Mr. Levine focuses on the representation and counseling of public and private employers in labor matters such as grievance and disciplinary arbitrations, unfair labor practice charges, and collective bargaining. He also assists employers faced with a broad range of employment litigation issues, including discrimination, harassment, retaliation, and wage and hour disputes.
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Stephanie K. Rawitt
Member
Clark Hill
Ms. Rawitt provides legal services and advice on employment matters to a variety of clients including hospitals,... | Read More
Ms. Rawitt provides legal services and advice on employment matters to a variety of clients including hospitals, medical practices, retirement communities, assisted living facilities, home healthcare companies, public entities, nonprofit organizations, private businesses, colleges, universities, and corporations. She works specifically with human resources departments to create, manage, and maintain the most current employment policies and procedures, ensuring that companies are in compliance with ever-changing federal, state, and local laws.
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