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Credits

Sponsored by Lorman Education
Product ID: 407926EAU
 
Credit & Course Provided by:

Employee Retaliation Claims and How to Avoid Them

OnDemand Webinar (91 minutes)

Learn how to review your policies and procedures to ensure that they are compliant and on point with the legal trends.In an ever-changing world it is difficult to keep up with the increasingly complex intersection of labor and employment laws. It is particularly difficult when you are trying to balance retaliation legislation with disciplinary issues and terminations. This topic will give you a better understanding of the basis for retaliation claims and the analysis that you need to go through in order to mitigate and prevent liability when effectuating discipline and terminations. This information is essential for human resource professionals, supervisors and business owners.

Authors

Julie A. Proscia, Esq., SmithAmundsen LLC

Agenda

What Is Protected Activity? (Common Scenarios Identified)

• Initiating or Participating in an Internal Workplace Complaint of Harassment or Discrimination

• Filing a Claim of Discrimination With a Local, State or Federal Civil Rights Agency

• Requesting an Accommodation for a Medical Condition or Disability

• Filing or Reporting a Workers' Compensation Claim Following a Work-Related Injury

• Engaging in Union Organizing Activity or Complained About Workplace Terms and Conditions on Behalf of Co-Workers

• Requesting a Pregnancy Leave of Absence

• Requesting Leave Under the Family and Medical Leave Act or Other State Law Leave Entitlements

• Filing a Safety-Related Complaint With the Occupational Safety and Health Administration

• Filing a Whistle-Blower's Claim Alleging That the Employer Engaged in Illegal Conduct

• Complaining of Wage and Hour Issues, Including Filing an FLSA Wage Claim

Adverse Action/Retaliatory Conduct

• National Case Law Developments Identifying What Is and What Is Not Retaliatory Conduct

• National Statutory Developments Identifying What Is and What Is Not Retaliatory Conduct

Standards of Proof/Proving Retaliation Claims

• Most Common Standards Analyzed

• Temporal Proximity and How Timing Can Be Relevant or Irrelevant

• Case Law Developments Identified

Potential Damages

• Back Pay

• Front Pay

• Reinstatement/Injunctive Relief

• Attorneys' Fees

• Punitive Damages

• Emotional Damages/Pain and Suffering

Employer Best Practices Revealed

• Do's and Don'ts When Confronting and Disciplining Employees

• Updating Policies and Procedures to Address Anti-Retaliation

• Utilizing Appropriate Disclaimers

• Coordinating Adverse Action With Opposing Counsel, the EEOC or Other Administrative Agencies

• Reviewing and Updating Valid Release Agreements