Audio Conferences
Wrongful Discharge: Avoiding the Legal Traps of Terminations
July 17, 2008 at 02:00PM ET
Terminating an employee is an unfortunate but necessary part of doing business. But the process is also fraught with legal consequences for employers.
It doesn’t have to be. Join IOMA and our panel of employment law and HR experts for this informative audio conference and learn how to protect your organization from the legal traps of terminations.
An estimated 150,000 employees are unjustly discharged every year.
Responding to a wrongful discharge claim can be extremely costly to an employer, including expensive legal fees, unpredictable jury awards, and unwanted adverse publicity. Within an organization, there are additional consequences such as lost productivity, poor focus and low morale of those remaining employees when there is a cloud hanging over a department or company.
In addition, the EEOC reports that discrimination claims are on the rise; more employees are alleging that they have been fired because of race, age, ethnicity, religion, or gender.
While terminating personnel is still viewed as an inherent employer right based on the employment-at-will doctrine, the recent increase in litigation has eroded the employer’s right to fire a person for whatever reason it deems appropriate.
To avoid wrongful termination claims, today’s employers must follow a well thought-out process of communication and documentation, and in all instances, be a “reasonable and fair employer” who respects their employee’s dignity, while still understanding their own legal obligations.
Join IOMA and its employment law and HR experts to find out how to protect your organization from the legal traps of terminations.
In just 90 minutes, you’ll learn:
- Procedures to follow before discharging an employee
- Termination checklist—what needs to be evaluated to avoid discrimination or wrongful discharge claim?
- The termination conference—who is present, procedures to follow, do’s and don’ts
- Hiring actions and statements that can lead to wrongful discharge lawsuits
- Employee handbook language that can lead to lawsuits
- What damages are imposed on employers in wrongful discharge actions?
- Do internal grievance procedures help or hurt in defending wrongful discharge claims?
- Can someone be fired who is on workers compensation leave?
- What are the courts and juries focusing on today?
- Writing releases—what procedures to follow, what language to avoid, and how well a release holds up if a suit is brought
- And more!
FEATURED FACULTY
James Zalewski
Partner
DeMars Gordon, Olson & Zalewski
Jim has over 27 years of experience in all aspects of employment law in both state and federal court, including all forms of discrimination claims, pension and ERISA litigation, wrongful discharge, employment contracts, non-compete agreements, constitutional law/due process claims, and other civil litigation. He is also a federal court-certified mediator, and is active in alternative dispute resolution.
Bob McKenzie
President
McKenzieHR, The Potential of People.
With over 30 years of human resource management experience, Bob’s background includes a wide range of hands-on HR practices including training and development, Equal Employment Opportunity, Affirmative Action Plan Development, development of performance management and compensation systems, recruitment, employee relations, union avoidance and labor contract negotiations. His working experience encompasses a wide range of industries. Mr. McKenzie is a regular contributor of articles for HR.com, an international web site dedicated to the human resources profession. He is a graduate of Rider University where he received a Bachelor of Science Degree and double majored in Industrial Relations and Management and Organizational Behavior. He holds the designation of Senior Professional in Human Resources (SPHR).
Purchasing
HRCI
Receive 1.5 recertification credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI). For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org.
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