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Title Line 1Title Line 2
Attorney Name
www.millerjohnson.com
Michigan Works! Annual Conference
October 13, 2014 10:15-10:45 am
Soaring Eagle Casino & Resort Conference Center
www.millerjohnson.com
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Micro – Skills: Ten in 30
10 HR Lessons Learned From the Courtroom
October 13, 2014 10:15 – 10:45 am
Presented By: Jeffrey J. Fraser
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The materials and information have been prepared for informational purposes only. This is not legal advice, nor intended to create or constitute a lawyer-client relationship. Before acting on the basis of any information or material, readers who have specific questions or problems should consult their lawyer.
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Employment Litigation
Juries are unpredictable An employer sued by a former employee can
expect to spend $50,000 to more than $200,000 to defend the case
A successful plaintiff in an employment litigation case can receive back pay, lost benefits, reinstatement or front pay, emotional distress damages, punitive damages, and his or her attorney fees paid by the defendant
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Lesson 2
Disability management matters will be the most likely reason you end up in Court on an employment matter
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Learn how to manage disability matters
- ADA
- FMLA
- Workers’ Compensation
- Policies & Procedures
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I do not need to tell any at-will employee that I supervise why I am
terminating him/her.
Legal Answer: T/F Practical Answer: T/F
QUIZ
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Protected Characteristics
race color genetic characteristics religion national origin age veteran status sex disability MICHIGAN STATE LAW ONLY:
weight height marital status
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Train Your Supervisors
Many employment lawsuits are based on supervisors’ actions (or inaction)
Harassment training FMLA training Discipline and documentation training Effective performance reviews
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& Be Consistent Good documentation is single-best defense in
employment litigation Good documentation might actually prevent
employment litigation Enforce employment policies consistently and
fairly Issue the same discipline for the same
misconduct
Document! Document! Document!
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Update Employment Application
Six months to file a claim False or omitted information grounds for
rejection of application or termination of employment
Don’t ask for information that may not be considered
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Update Employee Handbook
Non-discrimination Policy “At-will” language Harassment Policy FMLA policy (if 50 or more employees) Work Rules Social Media policy
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Use Release of Claims
A properly drafted Release is a complete defense to an employee’s lawsuit against his or her employer
Never, ever provide severance pay or benefits without obtaining a Release from the employee
Special requirements for (i) employees age 40 and older and (ii) group terminations
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