Discipline, Documentation and Discharge of Problem Employees Out of Stock
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February 2013
Discipline, Documentation & Discharge of Problem Employees
Program Description:
The consequences of poor disciplinary practices can be disastrous. From claims of harassment to defamation, Jeff Johnson provides incisive, practical pointers on prevention of the most common lawsuits that stem from disciplinary missteps.
Get practical tools for navigating the disciplinary process, including coaching, warnings, performance improvement plans and even last chance agreements. The presentation includes sample disciplinary documents and the pros and cons of different progressive disciplinary systems.
Performance reviews strike fear into the hearts of managers and employees alike, (and frequently their legal counsel too). Learn tactics to relieve the tension and to create useful tools for the performance management of difficult employees. Get practical tips for the creation and completion of written performance reviews and how to avoid the mistakes that managers often make at review time.
How do you proceed when termination seems like the only remaining option? Materials include an invaluable tested legal and practical checklist to use when making the termination decision. You will also learn how to use internal investigations as an important tool prior to this last stage of the disciplinary process.
No event is more fraught with legal danger for the manager (or counsel) than the actual termination of an employee. Johnson dissects the process from the moment the termination meeting begins, to the time the employee has left the company premises, through the long list of post-termination issues.
Even if you've got all the standard bases covered, there are still common but difficult situations in the disciplinary process: the discipline of employees who have complained of discrimination or are injured or disabled; the termination of employees on FMLA leave; the discipline of employees for off-duty conduct that arguably affects the workplace; and the obligations of an employer to grant religious accommodations.
Dave Stacy provides updates in these areas that are specific to the State of Colorado!
Finally, learn to recognize and avoid the eight "Quick and Easy Ways to Get Sued by Your Problem Employees." Jeff Johnson has spent a highly-acclaimed career helping in-house counsel and human resources professionals successfully prevent and react to all types of employment claims.
Agenda:
8:20am
Registration and Continental Breakfast
8:50am
Introduction and Welcome
9:00am
What's the Difference?
The consequences of poor or sloppy disciplinary practices. Claims of harassment to defamation: the most common lawsuits that stem from disciplinary missteps, the costs that can accompany them and provide practical pointers on prevention.
9:45am
The Stages of Discipline
The different stages in the disciplinary process, including coaching, warnings, performance improvement plans and last chance agreements. A review of various sample disciplinary documents. The pros and cons of different progressive disciplinary systems.
10:30am
Networking Break
10:45am
Performance Reviews
Two words that strike fear into the hearts of managers and employees alike.
Performance reviews as useful tools in the performance management process of difficult employees. Practical tips for the creation and completion of written performance reviews and mistakes that managers often make at review time.
11:30am
Making the Discharge Decision
What considerations to make when all else appears to have failed and discharge seems like the only remaining option. A legal and practical checklist to use when making the discharge decision. Internal investigations as an important tool prior to this last stage of the disciplinary process.
Morning Session Presented by Jeff Johnson, President Midwest Employment Resources
12:00pm
Lunch (On Your Own)
1:00pm
Handling the Discharge Process
The legal dangers of the actual discharge of an employee. An in-depth discussion of the process from the moment the discharge meeting begins to the time the employee has actually left the premises. The long list of post-termination issues that frequently arise after a discharge.
Presented by Jeff Johnson, President Midwest Employment Resources
2:00pm
Update on Employment Law Issues Specific to Colorado
Presented by David H. Stacy, Esq.
3:00pm
Networking Break
3:15pm
Difficult Issues in the Disciplinary Process
Several common but difficult situations in the disciplinary process including:
- Discipline of employees who have complained of discrimination or who are injured or disabled
- Termination of employees on leave
- Discipline of employees for off-duty conduct that arguably affects the workplace
Presented by Jeff Johnson, President Midwest Employment Resources
3:45pm
Documentation of Employees' Performance and Behavior Problems
The what, when and how of documentation. Common mistakes to avoid and good practices to employ.
Presented by Jeff Johnson, President Midwest Employment Resources
4:15pm
Eight Quick and Easy Ways to Get Sued by Your Problem Employees
Managerial behaviors seen over and over again by employment lawyers and HR professionals: from the “tough guy” supervisor to the “nice guy” supervisor. How these practices can be poisonous in the employment law arena.
Presented by Jeff Johnson, President Midwest Employment Resources
5:00pm
Adjourn
Faculty
Jeff Johnson is founder and President of Midwest Employment Resources, a firm providing employment law training, investigation and mediation services to businesses throughout the country. Jeff has also been an employment attorney with firms in Chicago and Minneapolis and recently finished his third and final term in the Minnesota House of Representatives where he served as Assistant Majority Leader and chairman of the Civil Law Committee. Known for his innovative and entertaining training style, Jeff has taught employment and labor law courses throughout the country, including the Annual Upper Midwest Employment Law Institute - the nation's largest employment law conference - where he is consistently one of the highest-rated speakers.
David Stacy is a trial lawyer who has specialized in management labor and employment law and litigation for more than 25 years. He has conducted numerous jury trials, court trials, arbitrations, and appeals, including those involving claims alleging race, disability, sex, age, and sexual orientation discrimination; sexual harassment; wrongful discharge; fraud; and misappropriation of trade secrets. Mr. Stacy has defended employment-related lawsuits in federal and state courts in 16 states. He is a frequent lecturer on employment law and trial topics and is a former co-chair of the Labor and Employment Law Section of the Colorado Bar Association. Mr. Stacy is listed in Best Lawyers in America, America's Leading Lawyers by Chambers USA and Colorado Super Lawyers.
- CLE Pass Price *FREE! - exclusions may apply
- Standard Price $339.00 USD
- Member Price $289.00 USD
- General Credits 8.00
- Ethics Credits
- EDI Credits