Chief Legal Officer – North AmericaJuly 25, 2012
Employment Law Talk Show General Information •Share the webinar •Ask a question •Votes (polling questions) •Rate (before y...
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Chief Legal Officer – North AmericaJuly 25, 2012
Employment Law Talk Show                                        Today‟s                                        SHOW       ...
Employment Law Talk Show                          What YOU                     Want Us To Talk AboutManpowerGroup | July 2...
Employment Law Talk Show             Today‟s Webinar                Designer:                                YOUManpowerGr...
Employment Law Talk ShowManpowerGroup | July 25, 2012   Source: ManpowerGroup Employment Blawg                12
Employment Law Talk Show   What concerns you    most about the    world of work?ManpowerGroup | July 25, 2012             ...
Employment Law Talk Show        Employment                            333           Law                               mill...
Employment Law Talk Show                  Make it simple.ManpowerGroup | July 25, 2012                              1515
Employment Law Talk Show                        How to Prevent                     and Manage LitigationManpowerGroup | Ju...
Employment Law Talk ShowPoll Question                   What do businesses identify                                as thei...
Employment Law Talk ShowPoll Question                   What do businesses identify                                as thei...
Employment Law Talk ShowManpowerGroup | July 25, 2012   Source: ManpowerGroup                         19
Employment Law Talk ShowTextorama                       What‟s the #1 most common                                claim fil...
Employment Law Talk Show                                1. Love your employeesTop 11                          2. Know the ...
Employment Law Talk ShowManpowerGroup | July 25, 2012   Source: ManpowerGroup                         22
Employment Law Talk ShowPoll Question                   What are an employer‟s odds                                of winn...
Employment Law Talk ShowPoll Question                   What are an employer‟s odds                                of winn...
Employment Law Talk ShowHow MuchWill YOU Pay?                                                                 39%         ...
Employment Law Talk Show            How to Investigate        Without Getting InvestigatedManpowerGroup | July 25, 2012   ...
Employment Law Talk ShowPoll Question                   What hit record highs last year?                                A....
Employment Law Talk ShowPoll Question                   What hit record highs last year?                                A....
Employment Law Talk ShowPrepare                         Plan the investigation strategy                                Rev...
Employment Law Talk ShowInvestigate                     Interview the complaining employee first                          ...
Employment Law Talk ShowInvestigate                     Interview the accused                                Gather potent...
Employment Law Talk Show                           How to Fire                       Without Getting FiredManpowerGroup | ...
Employment Law Talk ShowTop 11                          1. Not firing someone who should be fired                         ...
Employment Law Talk ShowTermination                     •   Employee HandbookChecklist                       •   Employmen...
Employment Law Talk ShowTermination Test  Notice: Reasonable notice of     Proof: Sufficient evidence that  consequences? ...
Employment Law Talk ShowTermination Meeting  Who? Manager, HR. No third  parties (except union rep).  Security? Outplaceme...
Employment Law Talk Show            How to Keep Social Media             From Ruining Your LifeManpowerGroup | July 25, 20...
Employment Law Talk ShowQuarterly                       Do you currently use a                                social media...
Employment Law Talk ShowQuarterly                       What social media tool                                do you use m...
Employment Law Talk Showsocial                                            startermedia                                    ...
Employment Law Talk ShowSocial Media                    • Summary of the lawStarter Kit                     • NLRB-approve...
Employment Law Talk Show                                The BIG PictureManpowerGroup | July 25, 2012                      ...
Employment Law Talk Show                                           How To             GET SUED BIG NOW          Terminate ...
Employment Law Talk ShowTweetorama                      If you had to boil all of                                employmen...
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Employment Law Talk ShowWe are                              • 80% of jobs are sedentaryStressssssed                       ...
Employment Law Talk ShowMore Stress =                   The Bottom Line:More Suits                      $200-$300B is lost...
Love.
Employment Law Talk Show                                The Employment Law                                SING-A-LONGManpo...
Employment Law Talk Show                                Employment law can be easy                                If you l...
Employment Law Talk Show                                Don‟t put things off „til tomorrow                                ...
Employment Law Talk Show                                Remember this song                                And you‟ll never...
Employment Law Talk Show                                Terminations they sure can be scary                               ...
Employment Law Talk Show   54                                If your brain‟s too full to remember                         ...
Employment Law Talk Show                                Remember this song                                And you‟ll never...
Employment Law Talk Show                                More on the BlawgManpowerGroup | July 25, 2012                    ...
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Employment Law Talk Show                                Coming soon …    Answers to the World’s Scariest     Employment La...
Employment Law Talk ShowManpowerGroup | July 25, 2012                              59
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Employment Law Talk Show

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  • Lori to do intro
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  • Thanks, Lori. Hello everyone and thank you for joining us today!In the next 57-1/2 minutes, we’re going to help you lower your legal risk, control your litigation expenses, bullet-proof your investigations, take the fear out of your firings, conquer the social media universe, sleep better at night and quite possibly stay out of jail.Before we begin, here’s our official disclaimer …In other words, you can’t sue me, Lori, Joel, Kathleen, ManpowerGroup, McGuire Woods or anyone else based on anything you hear here today.
  • As an extra added bonus, my alter-ego Dan Wilde will be magically tweeting along as me during today’s webinar using the handle @manpowerblawg – that’s b-l-a-w-g – using the hashtagmpwebinar. Thank you, Dan, and please don’t say anything that’ll get me fired.
  • And now … it’s time for the Employment Law Talk Show. Today’s presentation is brought to you, of course, by ManpowerGroup: making innovative workforce solutions humanly possible.
  • Here’s what we’ll cover today. First, we’ll look at some of our pre-webinar survey results to see what YOU want us to talk about. And then we’ll chat with our experts about your requested topics you see there on your screen: How to Prevent & Manage Litigation, How to Investigate Without Getting Investigated, How to Fire Without Getting Fired, How to Keep Social Media From Ruining Your Life and then we’ll conclude by pulling everything together into The BIG Picture to make sure you get all the main points. Along the way, we’ll weave in lots of polls, textoramas and even tweetoramas to help keep everyone awake. And, if you’re nice, we might even sing you a song at the end. So stay tuned for that.But that’s not all. Tune into my blawg at marktoth.com or manpowergroupblogs.us for more fun stuff, including our Smartest Person in the Audience Contest immediately following this webinar as well as our exclusive Employment Law Tool Box which will contain all of the tips you see here today plus cheat sheets on every major employment law, a handy guide to medical leave and much much more.
  • OK, here’s our first topic for today. What YOU want us to talk about.
  • Today’s webinar was truly designed by YOU. All the content you’ll see here today is based directly on the input you gave us before the webinar. In other words, if don’t like what we cover here today you have no one to blame but yourselves.
  • To find out what you realllly want us to talk about, we first asked YOU what’s the absolute #1 hottest issue in the employment law universe right now?Your answer? Basically, EVERYTHING. Here are your official top ten responses.Topping the list at #1 with nearly a fifth of the votes was LITIGATION PREVENTION & MANAGEMENT. So that’ll be our first topic of discussion today. A close second was INVESTIGATIONS and then rounding out the top 3 was TERMINATIONS.We’ll cover those top 3 but as an extra added bonus we’llthrow in a bit about social media as well just because we’re such nice people.
  • We also asked you to answer this question in 5 words or less: What concerns you most about the world of work?Got several hundred answers, some of ‘em several hundred words long. Lots of themes came thru loud and clear: increasing regulation, increasing complexity, increasing talent shortages, increasing incivility, decreasing ethics. Several said things like “Too much focus on bottom line” or “not enough focus on peeps.”In short, there are lots and lots and lots of concerns out there. Hopefully, what we give you today will help alleviate at least some of them.OK, let’s turn to our esteemed experts. Joel: If you had to answer this ? in 5 words or less, what would you say? How about you, Kathleen?[10:00]
  • Well, probably the most consistent theme you expressed was this: HELP! Lots of peeps said that in one form or another, using words like confusion, complexity, bureaucracy, overwhelmed, underwater, dying, etc.To prepare for today, I did a quick Google search using the words “employment law” and in 0.23 secs got more than 333 MILLION hits. 10X more than when I did a similar search at the beginning of the year. There’s more info out there than ever before. Scary law firm emails flood my inbox every day. There’s tons of tweets, masses of mailers, waaay too many webinars.
  • Which leads to the final theme you expressed: MAKE IT SIMPLE. Boil down those 333 million bits of info to what’s REALLY important. That’s precisely our goal here today. Every single slide is scientifically designed to distill decades of employment law advice and literally millions of dollars of tools and tips into as few words as humanly possible.
  • All right, onward to our first big topic: How to Prevent and Manage Litigation.
  • Here’s our first poll ?. Lori? [11:30]
  • The answer: D, Employment law disputes. If employment law gives you headaches, you’re not alone. It’s the #1 legal headache-causer in the universe right now, which makes it very smart for you all to be here today.
  • Here’s our 1/4ly Lit Index, where we ask you Are you seeing an increase in emp’t law claims? While the majority aren’t seeing a major shift, 35% of you report an increase vs only 3% of you reporting a decrease. In other words, the number of you seeing an increase is 11 times greater than the number who are seeing a decrease.Joel: Is this consistent with what you’re seeing in the law firm universe?[13:00]
  • Here’s our first Textorama. The very first person to text their first name and the correct answer to the number on your screen – 414.751.0126 – will win a valuable prize. Here’s the question: What’s now the absolute #1 most common claim filed with the EEOC? Again, text your first name and answer to 414.751.0126. Operators are standing by. #1 most common claim right now.We’ll announce winners of all our contests later on the Blawg.
  • Here on 1 slide are our official Top 11 Litigation Tips in the History of the Universe. These tips were compiled over more than 2 decades with input from some of the world’s finest employment law AND HR minds. Please note that most top tens only go to 10. Ours go to 11. Really want you to get your money’s worth.I’ll run thru ‘em quickly and then we’ll ask our experts to discuss their favorites. Let’s start at the bottom. #11: Investigate and document ALL claims. Even those against your CEO or superstar salespeople. #10: Never ever ever ever retaliate. Plaintiffs’ counsel love when you do. #9: Establish litigation budgets and consider fixed and flat fees to control costs. #8: Conduct early case evaluations to see if settlement is appropriate BEFORE you rack up lots of attorneys’ fees. #7: Follow your own policies and contracts. Judges and juries hate when you don’t. #6: If something ain’t job-related it ain’t job-related. Don’t consider it. #5: Address known and systemic issues immediately. Especially wage and hour and especially if you’re in CA. #4: Model ethical behavior at the top. A certain Big 10 university learned that the hard way just this week. #3: If all else fails, take the Mom Test. Ask yourself: Would my mother approve of what we’re about to do? #2: Know the law, which is why you should all tune into the Blawg at least once a day. And the absolute #1 tip: love your employees. Much more on that one later.Kathleen, let’s start with you. Any deep insightful comments you’d like to share with the world? How about you, Joel?Got a question that fits in here, looking at #8. What do y’all think about the EEOC’s mediation program? Good, bad or indifferent?OK, time to announce correct answer in first Textorama. The #1 most common claim filed with the EEOC. RETALIATION. Which is why that made our top 11 list. Again, never ever ever retaliate. Please.[20:00]
  • We also wanted to find out what YOU do in the area of litigation management. Sadly, none of these valuable money-saving tools were used by a majority of you. The #1 vote-getter was reviewing legal bills which apparently 73% of you don’t really do. As a former law firm partner, I can tell you that lawyers reallllly like it when you pay without asking ?s. Might want to ramp up your efforts there.The #2 response was having outside counsel guidelines in place. The Tool Box will include sample guidelines that we’ve used for years to set expectations and reduce costs. Only 15% use litigation budgets, 14% use fixed matter fees and 9% flat annual fees. Each of those can be a great cost-saving tool. More and more organizations are talking with their outside counsel about those.Looking at the results, there, Kathleen: We use a number of these tools here at ManpowerGroup. How have you seen these help us save money and actually enhance our partnership with Joel’s firm?[25:00]
  • And here’s our next poll. Lori?
  • Another reason why all this stuff is so important. According to the latest jury verdict research, an employer’s chances of winning at trial are now less than 50%. 48% to be precise. So if you go to court, you’re more likely to lose than win. For the record, A is only true if you’re in CA. I’m only partially kidding.
  • How much will you have to pay if you don’t heed all this advice? Here’sthe answer based on the latest research …Starting at the left. If your case has just 1 plaintiff and really no horrible facts, which is about a third of all cases, expect to pay between 0 and fifty thousand dollars. If you have 1 plaintiff but horrible facts – 28% of cases – expect to pay between 51 and 100 thousand. If you have a pattern or systemic case with more than 1 plaintiff and/or really horrible facts – 39% of the cases out there – expect to pay between 100 thousand and 1 million. And if you have a big pattern with lots of plaintiffs and/or realllllllllly horrible facts, expect to pay more than a million.This is based on years of EEOC and jury verdict research and can come in handy when you’re trying to decide whether to settle and for how much.[26:00]
  • OK, here’s our 2nd major topic: How to Investigate Without Getting Investigated.
  • And here’s our next poll. Lori?
  • The answer? All of the above, except D. If you want a great way to see who’s really suing whom for what is to check out the EEOC’s press releases which it posts on its web site. One constant theme in the EEOC’s biggest cases is a lack of investigation by companies. EEOC hates that. Great way to increase your legal exposure and the potential of class actions is to NOT investigate promptly and thoroughly.[SKIP?Here’s just 1 recent example of what NOT to do. A receptionist complained that her supervisor was sexting her (for example, 64 times in one 2-1/2 hr period), touching her and telling her that she could get a promotion for QUOTE “small favors” and a bunch of other highly inappropriate other things. The receptionist called corporate and allegedly they said didn’t have resources to investigate, couldn’t separate her from the alleged bad actor and asked if she’d like her final paycheck. Please don’t do that. The lesson: Don’t wait, investigate.][28:00]
  • Well how do you do investigations right?2 steps. Prepare and Investigate. Here’s a handy checklist put together based on thousands of collective hours of litigationexperience to help make your investigations 187% solid. Follow these and you may never see the inside of a courtroom ever again.P stands for plan the investigation strategy. Waaay too many employers skip this step and plunge in without preparation. Don’t. R is for review all relevant policies at the outset. E: Evaluate the pros and cons of investigation. Investigate ALL claims of discrimination but not everything else warrants an investigation. P: Pick a competent and impartial investigator. If you don’t, the entire investigation could be attacked as a sham. Next, analyze potential risk factors such as protected classes, medical leave issues, potential retaliation, etc. R: Review the allegations and prepare a witness and question list so you don’t forget anything. And then the last step of PREPARE is to Establish a confidential investigation file away from prying eyes.If you skip any of these steps, your investigation could be in peril.[30:00]
  • Now that you’re PREPAREd, it’s time to INVESTIGATE. First, you really need to INVEST as you see on your screen there by taking the time to cover each and every one of these steps. I: Interview the complaining employee first to get the whole waterfront of allegations and know what you’re dealing with. Keep asking: “Anything else?” to close things off.N: Now. Don’t procrastinate. Act while memories, docs and evidence are still fresh.V: View the site of the alleged incident. Columbo always did it, so should you. Might miss the key to the puzzle.E: Each witness ID’d by the complainant should be interviewed next and then interview S Supervisors to provide needed context and background.And then T take the time to gather all relevant evidence.Let’s stop there. Joel: Any comments on anything there on the screen?[33:00]
  • Next step: I interview the accused. Give him or her a chance to tell their side of the story. Don’t rush to judgment and assume they’re guilty.G: Gather all potentially mitigating evidence and interview any WsID’d by the accused.And then A analyze ALL the evidence objectively. Really think it thru. Imagine the govt or a judge ?g your every step and conclusion.T talk to your favorite emp’t law attorney – Joel Spitz for example – about potentially thorny legal issues.And then E end the investigation with a written report and appropriate communication.Here’s a question for you Kathleen as someone who’s actually spent a time in both HR and Legal. What 1 thing do you wish managers or HR folks would start or stop doing when it comes to investigations? Kathleen: Let’s start with you. Joel?
  • Let’s move on to our next topic: How to Fire Without Getting Fired.
  • Here are our official Top 11 Termination Troubles.Again, let’s start at the bottom. Of course, you’ll see some correlation here with the Top 11 litigation tips, but here we’re focused specifically on terminations.#11: Not telling someone the real reasons you’re firing them. Don’t sugarcoat. Be honest. #10: A poorly planned termination meeting. We’ll fix that for you in a moment. #9: Ignoring policies and employment contracts. Never good. #8: Bad post-term communication. Saying either too much or too little can hurt you. #7: Ignore past practice at your peril. #6. Reacting out of emotion instead of facts can lead to terrible decisions. Just the facts, man. #5: Not getting a release especially if you give an employee $ to go away is never a good idea. They just might use it to sue you. #4: Inadequate documentation. Document, document, document unless you say dumb things. #3: Considering non-job-related factors. Again, if it ain’t job-related, it ain’t job-related. #2: Not treating employees with dignity and respect when you terminate them. More on that later. #1: Not firing someone who should be fired. Too many employers drag their feet when it comes to terminations which can end up hurting morale and costing more in the long run.One theme of questions is how these tools apply in real life. So, Joel/Kathleen, any real-life examples of the termination troubles on this list you’d like to share?[38:00][SKIP? Here’s one graphic example of a real-life case which in my book is the worst termination case of the year (so far):A few weeks ago, an Oregon jury awarded $332,000 in a case filed by 2 airplane mechanics who apparently weren’t given access to a restroom and were forced to either use a bucket or on several occasions according to the allegations, soil themselves. After they complained to OSHA, a company vice president said this in an email to the employees’ managers: “If someone did it here [at HQ], I’d have them gone by the time they zipped up. They have got to go – there is no place for them. Tell me when it will be done by.” The jury didn’t like that.]
  • Before you terminate anyone, here’s a handy checklist to make sure you review each and every key piece of information. Organizations miss one or more of these all the time.
  • Now we’ll move on to our last substantive section: How to Keep Social Media From Ruining Your Life.
  • Want to see what you’re realllly doing out there. It’s time now for our Quarterly Social Media Index. Lori?
  • We’ll make this one short and easy for you. We’ve pulled together all the world’s greatest tips into our official Social Media Starter Kit, which is available for free under our Tools & Tips Section of the Blawg.
  • Here’s what you get …A handy summary of the latest decisions by the NLRB. The NLRB’s official govt-approved model social media policy, as well as a model policy drafted by the fine folks at Joel’s firm McGuire Woods. There’s also a host of links to other Fortune 500 company SM policies, a batch of SM 101 articles and much more. All on the Blawg. And. All. For. Free.
  • And now it’s time to wrap things up with The BIG Picture.
  • Anyone can tell you how NOT to get sued. To sum up, here on one page is HOW TO GET SUED BIG NOW.If you want to get sued big, terminate employees without using the termination tips we discussed. Don’t avoid the Top 11 Termination Troubles. Don’t use our Termination Checklist. Or the Termination Test. Or the Termination Meeting Tips.Next, don’t use the PREPARE or INVESTIGATE checklists we provided to ensure full, fair and timely investigations. Venture into cyberspace without the Blawg’s SM Starter Kit. Ignore the NLRB’s recent rulings. Keep using outdated social media policies, digging up non-job-related dirt on the Internet and tweeting and texting without thinking.If you want to spend all your time defending class actions, just keep ignoring known violations and potentially systemic issues. And if you realllllly want to get sued big pretend wage and hour laws don’t exist, especially in CA.And last, if you realllllly want to get sued big and maybe even make the news, do nothing to address unethical leadership at the top. As recent events have shown over and over, that’s a great way to quite possibly bring an entire organization down overnight.
  • If that’s too many words for you. Let’s make it even simpler.The 1stperson to tweet on Twitter the correct answer to the question you see on the screen along with our Twitter handle -- @manpowerblawg -- will win a valuable prize. If you had to boil all of employment law down into ONE word, what would it be. We’ve asked this ? time and time again in our webinars and on my Blawg. Want to see if it’s starting to sink in.
  • While we wait for those texts to roll in, we really wanted to get at the crux of all the employment disputes out there. It’s becoming more and more evident that extreme stress just might have something to do with it. We asked you on a scale of 1-10, how stressed are you right now, with 1 being “perfectly at peace” and 10 being “absolutely freaking out of my gourd.”Unfortunately, it appears that our suspicions were right. More of you are leaning toward the high stresssss side of things. The #1 answer was 7 and #2 was 6. So, basically you’re freaking out of two-thirds of your gourd. Sadly, only 2% of you are perfectly at peace and 8 times more of you are completely freaking out. Not good.
  • Well, according to lots and lots of studies, we are ALL super stresssssssssed.80% of jobs are now officially sedentary. Recent studies show the more you sit the more you stress and the sooner you die. 62% of us say our workloads have increased the last 6 months. 40% of us are sleep-deprived zombies. A third of us are chronically overworked. Despite all the technological advances, we are working 8 more hours a week than our parents. And 1 in 25 of our bosses is a certified psychopath. The fact that that # is 4 times the normal population really makes you wonder what’s going on in our workplaces.
  • The bottom line: more stress = more suits. According to the American Institute of Stress (pretty sad that there is such an organization), between 200-300 billion is lost each and every year due to all the stress-related stuff you see there on your screen.Which brings us to the answer to our Tweetorama. If you had to boil down all of employment law and HR down into 1 word, we believe that the very best answer would be …
  • Don’t get caught up in all the technicalities. This is what employment law is all about: LOVE one another. Treat each other the way you’d like to be treated: with dignity and respect. If we all did that, we could do away with the alphabet soup of employment laws and all of us employment lawyers would be out of jobs.In fact, there’s more and more scientific evidence that the better you treat your employees, the better they perform. Those of you who attended my last webinar might recall that the top engagement factors are feeling valued by the employer and that your employer truly cares about you. It even works with clients. The whole net promoter score craze is fueled by one simple question: Do you treat your customers the way you’d want to be treated? The Golden Rule – LOVE.So … Want more productivity? Love your employees. Want to spend less time with lawyers? Love your employees. Want fewer govt interventions and lawsuits? Love you employees. Want fewer unions, more customers and ultimately more profits? LOVE YOUR EMPLOYEES.It’s really that simple.
  • And last but not least, we’ll close today’s festivities with our Employment Law Sing-a-long.Scientific research shows that you’re far more likely to remember something if you actually sing it. That’s why you remember the lyrics to really bad 70s songs but not the rules under the FMLA.So, please join Kathleen, Joel and me in singing along with gusto. The words will appear on your screen. It’s in the key of W.
  • That was beautiful. Literally brought tears to my eyes.Hope you all learned a few things today. As we mentioned before, there’s lots more on the Blawg. Tune in immediately after this webinar to sign up for our free employment law alerts and compete in our Smartest Person in the Audience Contest. We’ll post the full PowerPoint from today, along with all my notes, in a handy SlideShare format, along with our updated Employment Law Tool Box and a full replay of this webinar as soon as humanly possible.
  • Here once again is our blog address: manpowergroupblogs.us or marktoth.com for short.
  • And last, here’s a quick advertisement for my next webinar on October 31 -- our annual special Halloween-themed session entitled Answers to the World’s Scariest Employment Law Questions. Send us your spookiest, freakiest, most scream-inducing ?s and we’ll do our very best to answer as many of ‘em as possible in 60 minutes or less. We’ll also attempt to answer ?s that we couldn’t get to today.
  • THANK YOU THANK YOU THANK YOU so much for your time, attention and participation – we really really reallyappreciate it! And thanks once again to today’s special guest stars, Joel Spitz and Kathleen O’Toole!And now, back over to Lori.
  • Employment Law Talk Show

    1. 1. Chief Legal Officer – North AmericaJuly 25, 2012
    2. 2. Employment Law Talk Show General Information •Share the webinar •Ask a question •Votes (polling questions) •Rate (before you leave) •Attachments (download today‟s presentation)ManpowerGroup | July 25, 2012 2
    3. 3. Employment Law Talk Show Having Audio Problems? The audio for this event is streaming to your computer If you can‟t hear through your computer speakers: US Dial-in Number: 1 877 299 4502 Passcode: 776 077 86#ManpowerGroup | July 25, 2012 3
    4. 4. Employment Law Talk Show Earning HRCI Credit To receive 1 HRCI for this Webinar, participants must: −Attend the Webinar for in it‟s entirety (one person per computer)ManpowerGroup | July 25, 2012 4
    5. 5. Employment Law Talk Show Meet our PresentersManpowerGroup | July 25, 2012 5
    6. 6. Employment Law Talk Show Official Disclaimer The presentation you are about to witness should not be relied upon or construed as legal advice. Failure to stay awake for the remainder of this presentation could result in potentially long-lasting side-effects, including litigation headaches recurring nightmares and/or severe gastrointestinal discomfort from having to spend too much time with lawyers. Please consult with your own HR and/or Legal departments before making any major policy and/or procedure changes. You have been warned.ManpowerGroup | July 25, 2012 6
    7. 7. Employment Law Talk Show Tweet along: #mpwebinar Follow Mark on Twitter: @manpowerblawg Find us on Facebook: facebook.com/manpowerUSManpowerGroup | July 25, 2012 7
    8. 8. Chief Legal Officer – North AmericaJuly 25, 2012
    9. 9. Employment Law Talk Show Today‟s SHOW What YOU Want Us To Talk About How to Prevent and Manage Litigation How to Investigate Without Getting Investigated How to Fire Without Getting Fired How to Keep Social Media From Ruining Your Life The BIG PictureManpowerGroup | July 25, 2012 9
    10. 10. Employment Law Talk Show What YOU Want Us To Talk AboutManpowerGroup | July 25, 2012 10
    11. 11. Employment Law Talk Show Today‟s Webinar Designer: YOUManpowerGroup | July 25, 2012 1111
    12. 12. Employment Law Talk ShowManpowerGroup | July 25, 2012 Source: ManpowerGroup Employment Blawg 12
    13. 13. Employment Law Talk Show What concerns you most about the world of work?ManpowerGroup | July 25, 2012 1313
    14. 14. Employment Law Talk Show Employment 333 Law millionManpowerGroup | July 25, 2012 14
    15. 15. Employment Law Talk Show Make it simple.ManpowerGroup | July 25, 2012 1515
    16. 16. Employment Law Talk Show How to Prevent and Manage LitigationManpowerGroup | July 25, 2012 16
    17. 17. Employment Law Talk ShowPoll Question What do businesses identify as their absolute #1 legal headache today? A. Government audits B. Contract disputes C. Intellectual property protection D. Employment law disputes E. LawyersManpowerGroup | July 25, 2012 17
    18. 18. Employment Law Talk ShowPoll Question What do businesses identify as their absolute #1 legal headache today? A. Government audits B. Contract disputes C. Intellectual property protection D. Employment law disputes E. LawyersManpowerGroup | July 25, 2012 Source: Fulbright 18
    19. 19. Employment Law Talk ShowManpowerGroup | July 25, 2012 Source: ManpowerGroup 19
    20. 20. Employment Law Talk ShowTextorama What‟s the #1 most common claim filed with the EEOC?414.751.0126ManpowerGroup | July 25, 2012 20
    21. 21. Employment Law Talk Show 1. Love your employeesTop 11 2. Know the lawLitigation 3. Take the Mom TestTips in the 4. Model ethical behavior at the top 5. Address known and systemic issuesHistory of 6. If it ain‟t job-related, it ain‟t job-relatedthe Universe 7. Follow your own policies and contracts 8. Conduct early case evaluations 9. Establish budgets and fixed/flat fees 10. Never ever ever retaliate 11. Investigate and document ALL claimsManpowerGroup | July 25, 2012 21
    22. 22. Employment Law Talk ShowManpowerGroup | July 25, 2012 Source: ManpowerGroup 22
    23. 23. Employment Law Talk ShowPoll Question What are an employer‟s odds of winning at trial? A. It is unlawful for employers to win B. 28% C. 48% D. 68% E. 88%ManpowerGroup | July 25, 2012 23
    24. 24. Employment Law Talk ShowPoll Question What are an employer‟s odds of winning at trial? A. It is unlawful for employers to win B. 28% C. 48% D. 68% E. 88%ManpowerGroup | July 25, 2012 Source: Jury Verdict Research 24
    25. 25. Employment Law Talk ShowHow MuchWill YOU Pay? 39% 1%32% $100K-$1M $1M+$0-$50K 28% Pattern +/or Big pattern1 plaintiff + no $51-$100K really horrible +/or realllllllyhorrible facts 1 plaintiff + facts horrible facts horrible facts ManpowerGroup | July 25, 2012 25 Sources: EEOC, Jury Verdict Research
    26. 26. Employment Law Talk Show How to Investigate Without Getting InvestigatedManpowerGroup | July 25, 2012 26
    27. 27. Employment Law Talk ShowPoll Question What hit record highs last year? A. EEOC complaints B. EEOC class actions C. EEOC $$$ recoveries D. EEOC love notes from employers E. All of the above, except “D”ManpowerGroup | July 25, 2012 27
    28. 28. Employment Law Talk ShowPoll Question What hit record highs last year? A. EEOC complaints B. EEOC class actions C. EEOC $$$ recoveries D. EEOC love notes from employers E. All of the above, except “D”ManpowerGroup | July 25, 2012 Source: EEOC 28
    29. 29. Employment Law Talk ShowPrepare Plan the investigation strategy Review all relevant policies Evaluate the pros & cons of investigation Pick a competent & impartial investigator Analyze potential risk factors Review allegations & prep witness & ? list Establish a confidential investigation fileManpowerGroup | July 25, 2012 29
    30. 30. Employment Law Talk ShowInvestigate Interview the complaining employee first Now – don‟t procrastinate View the site of the alleged incident Each witness ID‟d by complainant interviewed Supervisors interviewed to provide context Take time to gather all relevant evidenceManpowerGroup | July 25, 2012 30
    31. 31. Employment Law Talk ShowInvestigate Interview the accused Gather potentially mitigating evidence and interview witnesses ID‟d by accused Analyze all the evidence objectively Talk to attorney about potential legal issues End the investigation with a written report and appropriate communicationManpowerGroup | July 25, 2012 31
    32. 32. Employment Law Talk Show How to Fire Without Getting FiredManpowerGroup | July 25, 2012 32
    33. 33. Employment Law Talk ShowTop 11 1. Not firing someone who should be fired 2. Not treating with dignity and respectTermination 3. Considering non-job-related factorsTroubles 4. Inadequate documentation 5. Not getting a release 6. Emotion instead of facts 7. Ignoring past practice 8. Bad post-termination communication 9. Ignoring policies and contracts 10. Poorly planned termination meeting 11. Not telling real reasonsManpowerGroup | July 25, 2012 33
    34. 34. Employment Law Talk ShowTermination • Employee HandbookChecklist • Employment Agreement • Collective Bargaining Agreement • Personnel File • Performance Appraisals • Discipline Notices • Manager Notes • ALL other relevant documents (emails, texts, tweets, etc.)ManpowerGroup | July 25, 2012 34
    35. 35. Employment Law Talk ShowTermination Test Notice: Reasonable notice of Proof: Sufficient evidence that consequences? guilty as charged? Rule: Related to (a) efficient and safe operations and Consistency: Rule consistently (b) performance company applied to all? should reasonably expect? Penalty: Punishment fit the Investigation: Full, fair and crime, considering timely? (a) seriousness of offense and (b) service record?ManpowerGroup | July 25, 2012 35
    36. 36. Employment Law Talk ShowTermination Meeting Who? Manager, HR. No third parties (except union rep). Security? Outplacement? When? Mid-week #1, Friday #2, Monday worst. End of day #1, morning #2. Avoid holidays. What? Manager: decision. HR: all else. Final pay + notice (some states). How? Compassionate. Keep it short. Where? In person. Not in manager‟s office. No projectiles.ManpowerGroup | July 25, 2012 36
    37. 37. Employment Law Talk Show How to Keep Social Media From Ruining Your LifeManpowerGroup | July 25, 2012 37
    38. 38. Employment Law Talk ShowQuarterly Do you currently use a social media tool @ work?Social Media A. YesIndex B. No C. What‟s social media?ManpowerGroup | July 25, 2012 38
    39. 39. Employment Law Talk ShowQuarterly What social media tool do you use most @ work?Social Media A. FacebookIndex B. LinkedIn C. Google+ D. Pinterest E. TwitterManpowerGroup | July 25, 2012 39
    40. 40. Employment Law Talk Showsocial startermedia kitManpowerGroup | July 25, 2012 40
    41. 41. Employment Law Talk ShowSocial Media • Summary of the lawStarter Kit • NLRB-approved model policy • McGuire Woods model policy • Other Fortune 500 policies • SM 101 articlesManpowerGroup | July 25, 2012 41
    42. 42. Employment Law Talk Show The BIG PictureManpowerGroup | July 25, 2012 42
    43. 43. Employment Law Talk Show How To GET SUED BIG NOW Terminate Without Using the Blawg’s Termination Tips Fail to Use the Blawg’s Investigation Checklist To Ensure Full, Fair & Timely Investigations Venture into Cyberspace Without the Blawg’s Social Media Starter Kit Ignore Known Violations and Potentially Systemic Issues Pretend Wage & Hour Laws Don’t Exist Have UnethicalManpowerGroup | July 25, 2012 Leaders 43
    44. 44. Employment Law Talk ShowTweetorama If you had to boil all of employment law down into@manpowerblawg ONE word, what would it be?ManpowerGroup | July 25, 2012 44
    45. 45. Employment Law Talk ShowManpowerGroup | July 25, 2012 Source: ManpowerGroup 45
    46. 46. Employment Law Talk ShowWe are • 80% of jobs are sedentaryStressssssed • 62% say workload increased last 6 months • 40% are sleep-deprived • 33% are chronically overworked • 32% increase in workweek in past 25 yearsSources: Pennington Biomedical Research Center, Kronos, National Sleep Foundation, • 1 in 25 bosses is a certifiedFamilies & Work Institute, Harris Interactive, Dr. Paul Babiak psychopathManpowerGroup | July 25, 2012 46
    47. 47. Employment Law Talk ShowMore Stress = The Bottom Line:More Suits $200-$300B is lost each year due to stress-related absenteeism, burnout, decreased productivity, WC claims, turnover and insurance costs.ManpowerGroup | July 25, 2012 Source: American Institute of Stress 47
    48. 48. Love.
    49. 49. Employment Law Talk Show The Employment Law SING-A-LONGManpowerGroup | July 25, 2012 49
    50. 50. Employment Law Talk Show Employment law can be easy If you listen you surely won‟t fail We wrote you this song So please sing along If you don‟t, you could end up in jailManpowerGroup | July 25, 2012 50
    51. 51. Employment Law Talk Show Don‟t put things off „til tomorrow Yes investigate right away Don‟t procrastinate And don‟t retaliate Or the more you will have to payManpowerGroup | July 25, 2012 51
    52. 52. Employment Law Talk Show Remember this song And you‟ll never go wrong We wish you the best On your journeys You‟ll stay out of court And you won‟t have to pay no attorneysManpowerGroup | July 25, 2012 52
    53. 53. Employment Law Talk Show Terminations they sure can be scary The feds they may knock on your door But if you prepare Be consistent and fair They won‟t ever bug you no moreManpowerGroup | July 25, 2012 53
    54. 54. Employment Law Talk Show 54 If your brain‟s too full to remember All the stuff we just covered above There‟s one simple word That sums up what you heard Love, Love, Love, Love, Love, Love LOVE!ManpowerGroup | July 25, 2012 54
    55. 55. Employment Law Talk Show Remember this song And you‟ll never go wrong We wish you the best On your journeys You‟ll stay out of court And you won‟t have to pay no attorneysManpowerGroup | July 25, 2012 55
    56. 56. Employment Law Talk Show More on the BlawgManpowerGroup | July 25, 2012 56
    57. 57. manpowergroupblogs.us
    58. 58. Employment Law Talk Show Coming soon … Answers to the World’s Scariest Employment Law Questions Text the ?s that wake you up screaming in the middle of the night to 414.751.0126ManpowerGroup | July 25, 2012 58
    59. 59. Employment Law Talk ShowManpowerGroup | July 25, 2012 59
    60. 60. Did you watch this webinar as a recording?Please request your certificate atwww.manpowergroup.us/requesthrciJuly 25, 2012

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