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Employee Hiring, Firing and Discipline: an Essential Legal Guide

presented by NBI, Inc.
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Employee Hiring, Firing and Discipline: an Essential Legal Guide

Workshop Description/Agenda

A Comprehensive Overview of Hiring, Firing and Discipline Law

Recent hiring increases have brought legal issues concerning new hires to the forefront. Along with these, issues with the discipline and termination of employees have also been on the rise. Trying to keep abreast of the latest developments in hiring, firing and discipline law can be trying for any attorney. To what degree can employers use social media in the hiring process? When can criminal background checks be conducted? How can exit interviews land employers in hot water? Learn the answers to these questions and more - register today!

  • Locate information in job offers that can inadvertently cause legal problems for employers.
  • Get the latest on what is and is not permissible for employers to ask applicants about criminal backgrounds.
  • Ensure discipline policies do not accidentally undermine the at-will employment status of workers.
  • Determine what employee investigation information is discoverable in employment disputes.
  • Navigate difficult situations involving the firing of whistleblowers.
  • Analyze leave of absence policies for language that is discriminatory.
  • Avoid conflicts of interest in employment disputes.

This is a rebroadcast of the original webcast delivered by Franklin Aba-Onu, Susannah J. Galiano, Morgan A. Godfrey, and Chad A. Staul on March 3, 2017. Faculty will be available to answer your questions after the program.


    All times are shown in Eastern time

    1. New Hires: Critical Essentials
      10:00 - 10:50, Morgan A. Godfrey
      1. Job Applications: Legally Obtaining the Right Data
      2. Social Media: What Can Employers Use?
      3. Necessary Reference Check Considerations
      4. Interview Questions That Lead to Legal Trouble
      5. Legally Compliant Job Offers, Terms and Conditions of Contracts
      6. Employment Verification and Immigrant Workers
    2. Navigating Hiring Discrimination Issues
      10:50 - 11:40, Franklin Aba-Onu
      1. Applicable Anti-Discrimination Laws
      2. Unfair Employer Policies That May Bar Applicants
      3. What Employers Can and Can't Ask Applicants About Criminal Records
      4. Critical Questions to Create Legal Background Check Policies
        1. Does a Criminal Offense Affect Job Performance?
        2. Should Certain Offenses Bar Employment?
        3. Should Long-Past Offenses be Excluded?
        4. Do Managers and HR Personnel Understand the Policy?
    3. Discipline Practice Legal Must-Haves
      11:55 - 12:45, Morgan A. Godfrey
      1. Essential Written Discipline Policies
      2. Discipline Policies That Land Employers in Hot Water
      3. How Discipline Policies Can Undermine At-Will Employment
      4. Progressive Discipline: Pros and Cons
      5. Key Documentation and Disciplinary Records
    4. How to Conduct Misconduct Investigations
      1:15 - 2:05, Susannah J. Galiano
      1. Planning Investigations: Best Practices
      2. Outsourcing Investigations vs. Keeping Things Internal - Which is the Best?
      3. Legal Considerations with Investigation Interviews
      4. Discoverable Investigation Information in Litigation
      5. Final Reports
      6. Remedying the Problem
    5. Terminating Employees: Legal Best Practices
      2:05 - 2:55, Susannah J. Galiano
      1. Reviews, Warnings, Discipline and Suspensions
      2. Is Your Paper Trail Ready for Possible Litigation?
      3. Severance Packages: ERISA, EEOC and Other Considerations
      4. Ensuring Exit Interviews are Legally Compliant
      5. Essential Documents and Disclaimers
      6. Considerations for Whistleblowers
    6. Medical Leave and Termination
      3:10 - 4:00, Franklin Aba-Onu
      1. Ensuring Managers and Supervisors Understand the Law
        1. The Family and Medical Leave Act
        2. The Americans with Disabilities Act
        3. Interactions with Workers' Compensation Laws
      2. Essential Disciplinary Action and Other Documentation
      3. Ensuring Absence Policies are Neutral and Nondiscriminatory
      4. Job Descriptions and Termination
      5. Proving Leave Creates an Undue Hardship
    7. Employment Law Ethics
      4:00 - 5:00, Chad A. Staul
      1. Key Rules of Professional Conduct
      2. Confidentiality
      3. Privileged Communications
      4. Identifying and Avoiding Conflicts of Interest

Who Should Attend

This overview of hiring and firing law is for attorneys. Human resource professionals, accountants and paralegals may also find it useful.

Additional Information

Training Provider: NBI, Inc.

Course Topics: HR Management Training > Interviewing/Recruiting Skills

Training Course Summary: Employee Hiring, Firing and Discipline: an Essential Legal Guide

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