An employee's relationship with the company can terminate for many reasons – resignation, reduction-in-force, performance and other work-related reasons. Planning for the departure of an employee, for any of these reasons, can minimize disruption, protect confidential information, avoid litigation and assist with succession planning. Join Polsinelli's Labor and Employment attorneys for the conclusion of our year long Life Cycle of an Employee Webinar series as we discuss issues related to employee terminations, including:
Managing performance and attendance related terminations
Can you terminate whistle-blowers
Exit Interviews
Protecting intellectual property and confidential information
Reductions-in-force and other separation agreements
Post-decision considerations and communications
Emerald Software's Onboarding Best Practices - What You Can and Should Do WIth A New Employee Onboarding System.
Learn more at http://www.emeraldsoftwaregroup.com/onboarding
Emerald Software's Onboarding Best Practices - What You Can and Should Do WIth A New Employee Onboarding System.
Learn more at http://www.emeraldsoftwaregroup.com/onboarding
REASONS FOR SEPARATION
Voluntary Separation
Professional reasons
Personal reasons
Involuntary Separation
Health problems
Behavioral problems .
Organizational problem
TYPES OF EMPLOYEE SEPARATIONS
Voluntary Separations
Quits
Voluntary Retirements System
Involuntary Separations
Dismissal / Termination
Retrenchments
Retirement
Layoff
Death
Effective Onboarding for Better Retention with Jeremy York, SPHR, SHRM-SCPAjilon
Build a smooth onboarding process for better retention. Onboarding done right helps new employees acclimate to company culture, feel appreciated from the get-go, and understand their roles and how they’ll work with other team members. This leads to long-term loyalty and job satisfaction—and more productive employees! This webinar will show you the steps to creating a strong onboarding plan.
Onboard, Not Overboard. Accelerating New Hire Training | Webinar 03.19.15BizLibrary
With the economy turning around, many growing companies are starting to recruit talented new employees. That means a lot of first days on the job and a lot of time and money to spend while new employees get up to speed. What if you could lessen the time it takes for an employee to reach his or her full potential?
www.bizlibrary.com
Essential Guide to Employee Onboarding SuccessAndrewCrebar
The Essential Guide to Employee Onboarding Success is for HR, People leaders and anyone looking to take their employee success to the next level.
It is a quick but detailed read on how you can use Employee Onboarding to Amplify your Employee Experience.
You'll learn:
1. What is 'EX' Management?
2. Why invest in 'EX'?
3. Why Onboarding is foundation of 'EX'?
4. What to consider in buying vs building a solution?
5. How to evaluate onboarding solutions?
Humans can often be complicated, thorny and messy - but those qualities make the magic happen.
By creating the right process and frameworks for getting your people confident, happy and productive - you can help build and support long-term employee success.
Skilldom revolutionizes the way learning is provided. Skilldom endorses unique contextual methodology as opposed to a convetional approach to learning. Our solutions are innovative and highly interactive with rich graphics and game based learning.
Hot topics in employment law SHRM presentation April 8, 2015Polsinelli PC
Did you know that pregnancy discrimination is one of the EEOC's top 5 areas of focus? Learn more about this topic along with information around disability, transgender/gender identity and sexual orientation, wellness programs and obesity as it relates to the law.
Erin Schilling provides advice, counsel, and peace of mind so that employers can focus on what they do best – operating their business. Erin provides counsel to clients on a variety of employment issues including retaliation, leave issues and discrimination including age, race, disability, religion, national origin, and sex discrimination.
Mitigating Litigation Risk at the Deal Table M&A Part II Polsinelli PC
Attorneys from Polsinelli's Corporate & Transactional, Financial & Fiduciary Litigation, and Government Investigations practices share the following topics regarding M&A:
*Compartmentalizing Liability: Reducing Risk of Veil-Piercing by Courts and Similar Outcomes
*Alternative Dispute Resolution: Mediation and Arbitration
*Choice of Law Provisions in M&A Agreements
*Venue Selection in M&A Agreements
REASONS FOR SEPARATION
Voluntary Separation
Professional reasons
Personal reasons
Involuntary Separation
Health problems
Behavioral problems .
Organizational problem
TYPES OF EMPLOYEE SEPARATIONS
Voluntary Separations
Quits
Voluntary Retirements System
Involuntary Separations
Dismissal / Termination
Retrenchments
Retirement
Layoff
Death
Effective Onboarding for Better Retention with Jeremy York, SPHR, SHRM-SCPAjilon
Build a smooth onboarding process for better retention. Onboarding done right helps new employees acclimate to company culture, feel appreciated from the get-go, and understand their roles and how they’ll work with other team members. This leads to long-term loyalty and job satisfaction—and more productive employees! This webinar will show you the steps to creating a strong onboarding plan.
Onboard, Not Overboard. Accelerating New Hire Training | Webinar 03.19.15BizLibrary
With the economy turning around, many growing companies are starting to recruit talented new employees. That means a lot of first days on the job and a lot of time and money to spend while new employees get up to speed. What if you could lessen the time it takes for an employee to reach his or her full potential?
www.bizlibrary.com
Essential Guide to Employee Onboarding SuccessAndrewCrebar
The Essential Guide to Employee Onboarding Success is for HR, People leaders and anyone looking to take their employee success to the next level.
It is a quick but detailed read on how you can use Employee Onboarding to Amplify your Employee Experience.
You'll learn:
1. What is 'EX' Management?
2. Why invest in 'EX'?
3. Why Onboarding is foundation of 'EX'?
4. What to consider in buying vs building a solution?
5. How to evaluate onboarding solutions?
Humans can often be complicated, thorny and messy - but those qualities make the magic happen.
By creating the right process and frameworks for getting your people confident, happy and productive - you can help build and support long-term employee success.
Skilldom revolutionizes the way learning is provided. Skilldom endorses unique contextual methodology as opposed to a convetional approach to learning. Our solutions are innovative and highly interactive with rich graphics and game based learning.
Hot topics in employment law SHRM presentation April 8, 2015Polsinelli PC
Did you know that pregnancy discrimination is one of the EEOC's top 5 areas of focus? Learn more about this topic along with information around disability, transgender/gender identity and sexual orientation, wellness programs and obesity as it relates to the law.
Erin Schilling provides advice, counsel, and peace of mind so that employers can focus on what they do best – operating their business. Erin provides counsel to clients on a variety of employment issues including retaliation, leave issues and discrimination including age, race, disability, religion, national origin, and sex discrimination.
Mitigating Litigation Risk at the Deal Table M&A Part II Polsinelli PC
Attorneys from Polsinelli's Corporate & Transactional, Financial & Fiduciary Litigation, and Government Investigations practices share the following topics regarding M&A:
*Compartmentalizing Liability: Reducing Risk of Veil-Piercing by Courts and Similar Outcomes
*Alternative Dispute Resolution: Mediation and Arbitration
*Choice of Law Provisions in M&A Agreements
*Venue Selection in M&A Agreements
Claims by acquirers sellers and unsuccessful biddersPolsinelli PC
The third webinar presentation in the M&A Litigation Series examines M&A-related disputes that arise between and among contracting parties and unsuccessful bidders. These disputes are discussed with reference to remedy provisions and representations and warranties contained in merger agreements, as well as with respect to merger-related letters of intent and memoranda of understanding. Contract remedies as well as equitable remedies (such as specific enforcement) are addressed.
This webinar will discuss:
Contract Indemnity
Breaches of Representations and Warranties
Specific Performance
Liabilities Under Letters of Intent and Memorandums of Understanding
ON OUR PANEL:
Matthew Knoop | Shareholder
Mary Bannister | Shareholder
Robert Spake | Associate
The Ruby Files: Transition and the Fight for Bathroom EqualityPolsinelli PC
In our final webinar on The Ruby Files: Managing the Challenging Employee, we continue to follow Ruby as her changing circumstances present her employers with a variety of legal complications.
Ruby decides to try her hand at a company charged with customer support of a nationwide franchisee network. The parent company has a union, and Ruby organizes her fellow co-workers to form a local branch. In course of negotiations, Ruby announces she now identifies as a man – goodbye Ruby, hello Rudy. The employee bathroom becomes a source of tension in the office, with neither Rudy nor his fellow coworkers happy about the impact of Rudy’s transition on the facilities and their assigned use. How can the company stay legally compliant and sensitive to Rudy’s legitimate needs, while still addressing concerns of all involved?
Polsinelli’s Labor and Employment attorneys, as well as Dov Scherzer, a shareholder in the Intellectual Property practice, will cover the legal hot buttons covered in this webinar, specifically:
-Union organizing campaigns and impact upon workplace
-Franchisor/franchisee conflict
-Transition of transgender employees and practical application in everyday workplace
The seventh webinar presentation in the M&A Litigation Series examines successor liability and liability based on an alter-ego and other veil-piercing theories. Prevalent misconceptions on successor liability are discussed, as are third party claims against the post-merger entities.
On our agenda:
Myths and Misconceptions about Successor Liability
Veil-Piercing
Third Party Claims
The Ruby Files: The Case of the Disappearing Secrets and an Independent Contr...Polsinelli PC
In the fourth of our webinars on The Ruby Files: Managing the Challenging Employee, we continue to follow Ruby as her changing circumstances present her employers with a variety of legal complications.
Fresh off claims of sexual harassment and age discrimination at a bank, Ruby applies at a relatively new company in the technology industry, which is experiencing challenges relating to recruitment and employment. Ruby is hired as an independent contractor, but things don’t quite work out. She quits, and then claims constructive discharge because of her working conditions. After Ruby’s departure the company discovers that she has taken client lists and other proprietary materials on her way out the door. What is the company’s next move?
Are You Following the Script? Consequences for Medical Professionals Who Fail to Check Pharmacy Registries
As the problem of prescription drug addiction has grown, states have responded with the creation of prescription registries controlled by pharmacy boards. Anyone prescribing medications (specifically doctors, physician assistants and nurse practitioners) is required to check these registries before prescribing certain drugs, but this step is often missed. If discovered, failure to closely monitor your patient could result in discipline up to the loss of your license to practice medicine.
The Ruby Files: A Whisper, a Wink, and a 40 Year-Old Aptitude FlunkyPolsinelli PC
In the third of our webinars on The Ruby Files: Managing the Challenging Employee, we continue to follow Ruby as her changing circumstances present her employers with a variety of legal complications. View previous installments here.
Ruby now works at a bank, which happens to be subject to the Office of Federal Contract Compliance Programs (OFCCP). In her application materials she didn’t mention she was previously fired, and when the bank learns of the misrepresentation it wants to take action. However, the bank has a history of unevenly applying such a policy, and as a result it may be risky to fire Ruby.
While the company mulls next steps, Ruby flirts with a supervisor in another department and then claims sexual harassment; after a company investigation Ruby is kept on staff but placed in a separate department from the supervisor. Just in time for her 40th birthday, Ruby fails an aptitude test and promptly claims the test has a disparate impact on individuals over 40. She quits the job at the bank, updates her resume, and prepares to take another company by storm in our next installment.
Mitigating litigation risk at the deal table webinar part 1Polsinelli PC
First in an 8 part series discussing mitigation litigation risk. This presentation focuses on: Due Diligence
Reps and Warranties
Damages Limitation or Waiver
Procedural Safeguards
Regulatory Compliance ("Alphabet Soup")
The Ruby Files: The Terminator. You Won't Be Back.Polsinelli PC
In the second of our webinars on The Ruby Files: Managing the Challenging Employee, we continue to follow Ruby as her changing circumstances present her employers with a variety of legal complications.
Still employed by a major hospital, Ruby has developed carpal tunnel syndrome and persistent migraines, which she claims interfere with her ability to work and requests ADA accommodations as well as FMLA time off. Her employer initiates the accommodation interactive process, but before this process can proceed, Ruby’s supervisors report performance problems and that Ruby is posting on Facebook about her alleged medical conditions. Ruby is terminated for poor performance, after which her attorney sends the hospital a demand letter. The company responds with a notice that her claims are subject to an arbitration agreement.
Polsinelli’s Labor & Employment and Health Care attorneys will cover the legal hot buttons covered in this webinar, specifically:
-ADA accommodations and FMLA time off requests
-Requirements for documentation of alleged medical conditions
-How to properly document performance issues
-Progressive discipline policies
-Termination of an employee for performance with a medical condition seeking an accommodation
-Management of post-separation allegations
The fourth webinar presentation in the M&A Litigation Series examines claims and other rights of action asserted by stockholders in connection with M&A transactions. Various types of claims and proceedings – ranging from fiduciary duty to federal securities to statutory appraisal – are discussed. Director and Officer indemnity and advancement obligations likewise are addressed.
On our agenda:
-Fiduciary Duty and Disclosure Claims
-Federal Securities Claims
-Statutory Appraisal
-Books and Records Inspection Rights
-D&O Insurance and Indemnity and Advancement Obligations
Life Cycle of the Employee: Recruitment, Talent Polsinelli PC
Companies may differ in size, industry or business model. One thing that unites all employers, however, is the goal to recruit, train and retain a quality workforce while remaining compliant with all aspects of the law. The "life cycle" of an employee over the course of their tenure with a company includes other milestones beyond simply recruiting and training. What are these identifiable stages in the employee life cycle, and how can employers navigate through common obstacles to avoid the pitfalls of employment litigation?
Our first webinar in "Life Cycle" series, was moderated by shareholder Eric Packel, who was joined by panelists Chris Swenson, Erin Schilling and Rob Entin.
Life cycle of employee training and development - may 2015Polsinelli PC
Polsinelli's Labor and Employment the "Life Cycle of an Employee" webinar series, a year-long examination of the full range of considerations that employers face at each stage of employee development, and how new legal regulations affect best practices from hiring to termination.
Moderator Eric Packel and panelists Chris Mason, Scott Gilbert, Steve Fox and Teeka Harrison discuss exception issues, policies and procedures, confidentiality, and how to retain quality employees.
The Ruby Files: Managing the Challenging EmployeePolsinelli PC
“The Ruby Files,“ is a five-part webinar series that follows Ruby R. Breaker, a fictitious employee whose workplace behavior is based on real life employment situations. Just as Ruby's managers grapple with each challenging situation, Polsinelli's Labor and Employment attorneys, and other firm attorneys from health care, intellectual property and other industry and practice groups, will analyze the factual and legal key take-aways.
Meet Ruby, a 39-year-old, recent re-entrant into the workforce with two school-aged children, trying to conceive her third.
In her first employment opportunity as she re-enters the workforce, Ruby applies to work at a hospital, is hired as a Unit Manager, and is classified as an exempt manager. Her job description includes duties such as helping the employees she supervises, but Ruby ends up spending most of her time performing clerical duties. Frustrated, Ruby calls the Department of Labor (“DOL”) to complain about not getting paid over-time, and a subsequent DOL investigation of the hospital ensues. Meanwhile, Ruby requests time off from work during the work day to attend in-vitro fertilization appointments, claiming FMLA and ADA coverage.
Polsinelli’s Labor and Employment and Health Care attorneys will dissect interactions between Ruby and her manager, and provide take-aways that can be applied to your business.
Government Investigations and Enforcement ActionsPolsinelli PC
The fifth webinar presentation in the M&A Litigation Series examines compliance pitfalls associated with M&A transactions. We will discuss how to evaluate antitrust risks of a transaction. We also will address compliance concerns – such as antitrust, the Foreign Corrupt Practices Act, the False Claims Act, and export control issues – that could significantly impact the scope, duration, and magnitude of necessary due diligence. Finally, we will address post-merger considerations that could decrease the severity of a compliance concern if one were to arise after a merger or acquisition has been completed.
On our agenda:
-Pre-transaction – evaluating the transaction itself from an antitrust perspective
-Pre-closing – managing client conduct and the risk of “gun jumping”
-Due Diligence – what to look for
-Post-merger considerations for fostering and perpetuating a “Culture of Compliance”
-Managing compliance concerns that are discovered post-closing
The Diamond Datascram Diaries: Diamond Datascram Development Polsinelli PC
Our 2017 Labor and Employment Webinar Series will track the challenges that employers face through the highs and lows of the business cycle that can drive and ultimately determine a company’s success. Stages in this cycle can include company formation, growth through new investments or strategic alliances, and workforce restructuring due to changing economic conditions.
At each stage, there are discrete labor and employment issues that must be understood and addressed, which exist alongside complicating factors such as changing technologies, regulatory oversight and best practices for a compliant workforce. Polsinelli’s Labor and Employment attorneys will be joined by colleagues from practices across the firm (including Intellectual Property, White Collar, and Employee Benefits) to provide a comprehensive review of these issues.
In this series, we will follow the rise and fall of the innovative but fictional Diamond Datascram Inc. during the four main phases of the business cycle:
1. Formation: Diamond Datascram Development
2. Peak: Diamond Datascram Dominance
3. Contraction: Diamond Datascram Decline
4. Trough: Diamond Datascram Decimated
Reductions in Force – Be Prepared Before a Recession HitsQuarles & Brady
As economists and pundits debate whether a recession looms for 2020, your company can take steps now to be prepared to implement reductions in force should it become necessary. This presentation will explore how to plan and execute a reduction in force to minimize business, legal and other disruptions while reshaping your workforce. Whether a recession is imminent or not, the time to plan for such a workforce event is now.
Contractor or Employee? Exempt or Non-Exempt? Understanding the Distinctions ...ComplyRight, Inc.
A handful of high-profile cases -- and increased attention by the IRS and Department of Labor – has put worker classification in the spotlight. Now, more than ever, employers must be crystal clear on the differences between an employee and independent contractor, as well as exempt vs. non-exempt status.
In either case, misclassifying workers is a risk your business can’t afford to take. Federal and state agents are monitoring the situation more closely and cracking down with bigger fines and penalties. At the same time, wage and hour lawsuits are on the rise, with many “salaried” employees recognizing they are non-exempt in the eyes of the law -- and therefore owed overtime.
Protect yourself from costly misclassification mistakes and potential legal issues. Attend this timely webinar to learn:
- Factors that define the worker relationship, according to the IRS and Department of Labor
- Warning signs that your contractor is actually an employee under the law
- What determines exempt vs. non-exempt status (Hint: Job title has nothing to do with it.)
- Steps to take if a worker is misclassified
Employment Law Experts Stephen Booth, Anna Ford and Lisa Qiu presented on the importance of HR decision makers understanding their obligations and responsibilities in regard to critical HR tasks and ensuring that appropriate procedures and protocols are followed in relation to performance management, feedback and managing terminations.
Welcome to the Team! Recruiting and Hiring, Including Restrictive Covenants (...Financial Poise
You only get one chance to make a first impression, so you want to make sure your company avoids unnecessary missteps when recruiting and hiring employees. Understanding what you can and cannot say during interviews and how to respond when a candidate volunteers information that may be considered “off limits” is essential. At the same time, there are a host of laws being passed throughout the country that address when and what sort of information you can request from applicants regarding their criminal and financial histories. In the event you decide to protect your organization by requiring certain employees to sign some type of restrictive covenants—non-competition, non-solicitation and/or non-disclosure—there are a host of legal and practical issues to consider. This webinar explores these and other issues so that you can be confident, going forward, that you are starting off on the right foot—legally, at least—when you hire new employees.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/recruiting-and-hiring-including-restrictive-covenants-2020/
Welcome to the Team! Recruiting and Hiring, Including Restrictive CovenantsFinancial Poise
You only get one chance to make a first impression, so you want to make sure your company avoids unnecessary missteps when recruiting and hiring employees. Understanding what you can and cannot say during interviews and how to respond when a candidate volunteers information that may be considered “off limits” is essential. At the same time, there are a host of laws being passed throughout the country that address when and what sort of information you can request from applicants regarding their criminal and financial histories. In the event you decide to protect your organization by requiring certain employees to sign some type of restrictive covenants—non-competition, non-solicitation and/or non-disclosure—there are a host of legal and practical issues to consider. This webinar explores these and other issues so that you can be confident, going forward, that you are starting off on the right foot—legally, at least—when you hire new employees.
Part of the webinar series: PROTECTING YOUR EMPLOYEE ASSETS: THE LIFE CYCLE OF THE EMPLOYMENT RELATIONSHIP 2022
See more at https://www.financialpoise.com/webinars/
The following checklist is intended as a good practice guide for making redundancies. It does not provide precise guidelines as circumstances may vary from one workplace to another. If you are unsure of the correct procedural requirements, you should obtain industrial relations or legal advice.
Unemployment Insurance is the only employer tax that can be controlled. Successful UI cost control efforts begins with professional claims administration.
Discover first-hand from a former UI Deputy exactly the thought process a State Agency considers when issuing entitlement decisions. Learn how your efforts can help prevail in UI decisions at both the initial claims and appeals stage.
Join G&A Partners and Jeffrey Martin, a former UI Deputy and UI Specialist for the "Controlling Unemployment Insurance (UI) Costs can be Painless" webinar.
It’s So Hard To Say Goodbye: Minimizing Risk When Terminating EmployeesFinancial Poise
Involuntary terminations are never pleasant, but they are an inevitable part of business. Whether an employee is being let go due to poor performance or serious misconduct, chances are that he or she may take issue with the company’s decision—either during the termination meeting or at some point down the road. In the event the terminated employee decides to visit the nearest Equal Employment Opportunity Commission Office or meet with a plaintiff’s attorney, you want to make sure that you have taken steps to minimize risk and give your organization its best chance to defend against claims of discrimination, retaliation and/or wrongful discharge. This webinar discusses the various issues you should consider not only when you are making the decision to terminate but also in the weeks and months that lead up to that point. Drawing on their experiences as an HR consultant and management-side employment lawyer, the panelists provide practical tips to minimize exposure and best practices for conducting an employee termination meeting.
Part of the webinar series: PROTECTING YOUR EMPLOYEE ASSETS: THE LIFE CYCLE OF THE EMPLOYMENT RELATIONSHIP 2022
See more at https://www.financialpoise.com/webinars/
It's So Hard to Say Goodbye: Minimizing Risk When Terminating Employees (Seri...Financial Poise
Involuntary terminations are never pleasant, but they are an inevitable part of business. Whether an employee is being let go due to poor performance or serious misconduct, chances are that he or she may take issue with the company’s decision—either during the termination meeting or at some point down the road. In the event the terminated employee decides to visit the nearest Equal Employment Opportunity Commission Office or meet with a plaintiff’s attorney, you want to make sure that you have taken steps to minimize risk and give your organization its best chance to defend against claims of discrimination, retaliation and/or wrongful discharge. This webinar discusses the various issues you should consider not only when you are making the decision to terminate but also in the weeks and months that lead up to that point. Drawing on their experiences as an HR consultant and management-side employment lawyer, the panelists provide practical tips to minimize exposure and best practices for conducting an employee termination meeting.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/minimizing-risk-when-terminating-employees-2020/
Employing staff is one of the most important things a business does. Getting the right people and having a common understanding of what is expected from the start is essential for the whole employment relationship. How that relationship is established at the beginning is critical, particularly if it is necessary to part ways with the employee later on.
Workshop was conducted at Coleman Greig Lawyers on 22 June 2017. http://www.colemangreig.com.au/Event-250-Employment-Contracts-and-Policies.aspx
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Tax Cuts & Job Act Implications for Small Business Investments Companies Polsinelli PC
On December 22, 2017, the President signed into law a federal tax reform bill commonly known as the Tax Cuts & Jobs Act (the “Tax Act”). The Tax Act resulted in significant changes to the U.S. tax system on a number of fronts. This webinar will provide an overview the provisions of the Tax Act relevant to SBIC’s. We will also address the impact of the Tax Act upon the choice of entity decisions and a number of ancillary matters.
Preventing Compliance Quagmires in Senior Living Communities: Part 1 - Can So...Polsinelli PC
During this webinar we will explore the regulatory, operational and employment related issues that arise when long term care staff use social media at work in the long term care setting.
Health Care "Prime" - The Future of the Ownership, Organization, Payment, and...Polsinelli PC
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The Trump Labor Board Goes Back to the FuturePolsinelli PC
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Life Cycle of an Employee Termination
1. Life Cycle of an Employee:
Termination
October 8, 2015
2. Last but Not Least….
Today, we will discuss the conclusion of the
life cycle of an employee—termination.
Whether resignation, RIF, poor performance,
or other reason, employers MUST plan for
employment terminations.
Our employment professionals are here
today to offer practical, proactive advice.
3. Documentation
Previous webinars discussed (among many other
things):
Importance of documentation.
Significance of job descriptions.
Use of performance reviews.
Documentation is the link between all of the other
topics we have discussed in our past webinars and
the actual employee termination.
4. Reasons for Termination
Employees can be separated or terminated from
employment for many reasons:
• reduction in force;
• termination for poor performance;
• termination for misconduct;
• resignation.
In all of these situations, documentation is essential.
5. Reduction in Force
Reasons for RIFs:
– Lack of certain types of work or the elimination of a
product or service.
– General lack of work, new efficiencies, acquisitions
or sales.
Selection of employees:
– Criteria?
– What does documentation tell the employer?
– Who is performing consistently with the job
description?
– Who has the lowest job performance ratings?
6. Termination for Poor Performance
More than any other situation, terminations for
poor performance require thorough
documentation over a period of time.
• How does the employee’s performance match
his/her job description?
• Were there previous warnings?
• Were there previous suspensions?
• Was there progressive discipline and was the
employee notified of prior examples of poor
performance that were documented?
7. Termination for Poor Performance
(continued)
• Is the termination consistent with other situations?
• Were other employees terminated for similar poor
performance under similar circumstances?
• Were other employees allowed to continue to work
when their performance was poor?
Documentation on all of these points is crucial.
8. Termination for Misconduct
Some misconduct is so egregious that it may not
require much prior documentation.
Some types of misconduct may not appear to be
so egregious.
• However, in many situations it may be necessary to
have previous documentation regarding such
conduct.
Unemployment benefit implications.
9. Failure to Document
A terminated employee may argue that the stated reason
for termination was not genuine, but that the termination
was because of a protected classification or activity that
other speakers will review in more detail.
Only thorough documentation will allow an employer to
demonstrate that the motives were non-discriminatory.
10. Resignation
If the employer is pleased, should action have been
taken earlier?
• Supervisors taking easy way out?
• In process of documenting issues?
If the employer is displeased with the resignation,
why did employer lose a good employee?
• Did employee previously communicate
dissatisfaction?
• Beyond employer control?
11. Risk Management
Risk Resolution
• Ensure proper documentation to support termination
in anticipation of a potential claim
• Determine the appropriateness of severance options
(monetary and non-monetary benefits) in exchange
for full release of claims
Employment Agreements
At-Will Employment v. Employer/Employee Risk
Factors
12. Employer Risk Factors
Lack of documentation to support termination
Lack of Company Policy supporting
termination/contrary to Company Policy or
documents
Problematic Company Policies
Inconsistent treatment with other employees
Statements/documents contrary to stated reason
for termination
13. Employee Risk Factors
– Race
– Color
– Gender
– Gender Identity and
Expression
– Sexual Orientation
– National Origin
– Religion
– Age
– Disability
– Pregnancy
– Marital Status
– FMLA Leave
– Genetic Information
– Military Status
Protected Classifications (Generally)
14. Employee Risk Factors (continued)
Discrimination/Harassment Complaint
Whistleblowing
Filed a Workers Compensation claim/on leave
Protected leaves of absence (FMLA, ADA)
Request for Disability Accommodation
NLRA Section 7 Concerted Activity
Filed an NLRB charge
Discrimination Charge filing
Other Claim Demands
Employee’s Recent Protected Activity?
15. Risk Management for Different
Types of Terminations
Reductions in Force (RIF) / Layoffs
• Review Employee Risk Factors for employees
selected for RIF/layoff to identify any unintended
trends
• Confer with managers to determine whether the
stated selection criteria is accurate and applied
even-handedly
• Severance agreement/release – OWBPA Exhibits
16. Risk Management for Different
Types of Terminations (continued)
WARN Act – Risk Management:
• Review Federal WARN Act requirements
• Review applicable State requirements (mini-WARN
Acts)
Employer Coverage thresholds vary
Exceptions vary (including sale of business)
Threshold for affected number of employees vary
17. Termination Meeting Considerations
Attendees on Behalf of Employer / Employee
Day and Time Issues
Location
Security Concerns
Disabling access to facility and information systems
Explanation to remaining employees
18. Termination Meeting Agenda
Who terminates?
Have talking points for employee conducting
termination
• Date of separation
• Reasons for separation [RIF / for cause]
• Importance of truthful reason
• If for performance or conduct, articulate disciplinary
record
• What not to say or do
• Transition to benefit discussion
19. Termination Meeting Agenda (continued)
Explanation of Benefits
• Availability of severance/pay in lieu of notice
• Availability of unemployment compensation
• COBRA and continuing medical coverage
• Other benefits, i.e. PTO payment, retirement, stock
options, expense reimbursement, bonuses, tuition
reimbursement, life insurance, outplacement
services
• Continuing obligations – Confidentiality/Non-
competes/ non-solicitation agreements
20. Termination Meeting Agenda (continued)
Employment references
Retrieval of company property
How and when will employee be allowed to
retrieve personal items?
How will employee exit the facility?
21. Severance and Release Considerations
Should company pay severance?
What is reasonable amount?
Is termination covered by company severance
policy?
Should a severance and release agreement be
entered?
Valid release must be in exchange for consideration
to which employee is not otherwise entitled.
22. Severance and Release Considerations
(continued)
What is employee’s age?
• If 40 or over, 21/45 day consideration period and 7 day
revocation period.
• If under 40, reasonable time to consider.
Is separation being offered to more than one
employee?
OWBPA
Will severance be paid in lump sum or over time?
Importance of IRS Code 409A provision.
23. Severance and Release Considerations
(continued)
Other provisions that must be included in
severance and release agreements
Provisions that should be included
Provisions that typically are included
24. Post-Termination Considerations
Let’s talk about how to protect company property
and manage post-termination claims for those
times when employees aren’t so happy.
• Protection of Intellectual Property
• Alternative Dispute Resolution
• Other Ways to Limit Claims
25. Protecting IP
Executed confidentiality/nondisclosure agreement.
Proactive measures at or before time of
termination to recover property and avoid
sabotage.
Enforcement of those clear, signed agreements.
• Post-termination reminder letter.
• Cease and desist.
• Litigation.
26. Alternative Dispute Resolution
Alternative Dispute Resolution (ADR) is an
alternative to litigation in state and federal courts.
• Mediation
• Arbitration
Benefits
• Parties control the process and select
mediator/arbitrator.
• Can be less expensive and less formal.
• Process can be quicker.
27. Alternative Dispute Resolution
(continued)
Benefits (continued)
• Employers have higher success rate.
• Confidentiality.
• No class actions.
Downsides
• Limited appeal rights.
• Can be as lengthy and expensive as court.
28. Alternative Dispute Resolution
(continued)
ADR policy or provision must be drafted correctly:
• Formation and consideration.
• Fairness.
• Mutuality.
• Class action waivers must be clear and conspicuous –
and watch out for the NLRB!
• Other statutory requirements.
• Other considerations.
• Consult with counsel.
29. Other Limitation of Claims
You have heard a number of ways to limit claims
today, all of which are very important to limiting
claims:
• Compliance with company policies.
• Documented reasons for termination.
• Careful evaluation of layoffs and WARN requirements.
• Severance agreements.
• Careful planning of termination meeting.
• Control of post-termination communications by other employees.
• Handling of unemployment claims.
The key—BE PREPARED!
30. Contact Information
Bradley G. Kafka
– bkafka@polsinelli.com
Elizabeth T. Gross
– egross@polsinelli.com
Lon R. Williams
– lonwilliams@polsinelli.com
Judy Yi
– jyi@polsinelli.com
Polsinelli PC
www.polsinelli.com
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