title line 1 title line 2 attorney name michigan works! annual conference october 13,...
TRANSCRIPT
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
2
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
3
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.
4
Lesson 1
You never want to be in Court on an employment matter
5
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
6
Lesson 2
Disability management matters will be the most likely reason you end up in Court on an employment matter
7
Learn how to manage disability matters
- ADA
- FMLA
- Workers’ Compensation
- Policies & Procedures
8
Lesson 3
Never terminate an employee because he / she is “at-will”
9
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
10
Protected Characteristics
race color genetic characteristics religion national origin age veteran status sex disability MICHIGAN STATE LAW ONLY:
weight height marital status
11
Lesson 4
Train your Supervisors Managers Executives & your work force
12
Train Your Supervisors
Many employment lawsuits are based on supervisors’ actions (or inaction)
Harassment training FMLA training Discipline and documentation training Effective performance reviews
13
Lesson 5
Fix or Fire your “two-percentors”
14
Lesson 6
Don’t ever terminate an employee during the heat of the moment
15
Lesson 7
Document / Document / Document
16
& 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!
17
Lesson 8
Take “Talking Point” script to every significant discipline
18
Lesson 9
Update your Employment Application and Handbook
19
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
20
Update Employee Handbook
Non-discrimination Policy “At-will” language Harassment Policy FMLA policy (if 50 or more employees) Work Rules Social Media policy
21
Lesson 10
Use a Release of Claims
22
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
23
Questions?
Jeffrey J. FraserPhone: 616.831.1756
Calder Plaza Building250 Monroe Ave. NW, Suite 800Grand Rapids, MI 49503-2250
Radisson Plaza Hotel & Suites100 West Michigan Avenue, Suite 200Kalamazoo, MI 49007-3960
www.millerjohnson.com