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 video webinar with interactive 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, as well as 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
Jeremy V. Farrell
Shareholder
Tucker Arensberg
As the deputy chair of the firm’s litigation department, Mr. Farrell represents businesses in a variety of civil... | Read More
As the deputy chair of the firm’s litigation department, Mr. Farrell represents businesses in a variety of civil and commercial disputes, with a particular focus on employment law. He advocates on employers’ behalf in state and federal courts, private arbitrations, and in administrative investigation and enforcement proceedings. Mr. Farrell’s litigation experience gives him the background and perspective needed to guide employers and their managers and HR departments through difficult issues in the workplace, with the goal of helping clients comply with the law and minimize risk in a manner consistent with its overall business philosophy. He frequently counsels clients on how to strengthen employment contracts, independent contractor agreements, severance agreements, employee handbooks, and workplace policies; comply with family, medical, and sick leave laws and ordinances—including the Family Medical Leave Act and the Americans with Disabilities Act; effectively respond to employee requests for accommodations due to pregnancy, medical, or religious considerations; and craft compensation structures complying with state and federal minimum wage and overtime laws like the Fair Labor Standards Act.
Close
Michael J. Slocum
Shareholder
Greenberg Traurig
Mr. Slocum focuses his practice on labor and employment law, including the defense of discrimination, retaliation,... | Read More
Mr. Slocum focuses his practice on labor and employment law, including the defense of discrimination, retaliation, wrongful discharge and whistleblower claims. He has represented employers in a broad array of industries, including healthcare and life sciences, pharmaceutical, private security, and retail, and has experience defending against both individual employee claims and class actions. Mr. Slocum has written and spoken numerous times on a multitude of issues facing employers in diverse industries.
CloseEarly Discount (through 02/17/23)
Cannot Attend March 15?
Early Discount (through 02/17/23)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.