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The Legal Risks of Hiring and Terminating Employees LIVE Virtual Training

presented by NBI, Inc.

The Legal Risks of Hiring and Terminating Employees

Full Description

New Hire and Termination Nightmares: What NOT to Do in Employment Law

Whether you need to fire a problem employee, or you need guidance on how to navigate accommodation requests from employees with medical needs, this thorough course is for you! Employment law comes with all kinds of obstacles - some that not even the most experienced attorneys and HR professionals expect to encounter. Discover the legal requirements of job postings, examine various anti-discrimination laws and uncover best practices for misconduct investigations. Prevent - and remedy - the biggest mistakes made with new hires, disciplinary actions and terminations. Register today!

  • Ensure you know which paperwork and forms are necessary for new hires to fill out.
  • Strengthen your comprehension of various discrimination laws.
  • Uncover the importance of keeping disciplinary records.
  • Discover the top methods to use in misconduct investigations.
  • Determine the best ways to address performance problems.
  • Increase your awareness of the FMLA, the ADA and workers' comp laws.
  • Review important employment case law.

This is a rebroadcast of the original webcast delivered by Jeffrey R. Caccese, Jennifer A. Corso, Brad Kolling and Stuart M. Silverman on December 1, 2020. Faculty will be available to answer your questions after the program.


11:00 am to 6:00 pm Eastern Standard Time

  1. Job Postings, Interviews and Hiring Legal Issues
    11:00 - 11:30, Jennifer A. Corso
    1. Job Postings - The Legal Requirements
    2. References
    3. Independent Contractor or Employee?
    4. Social Media Profiles and Applicant Screening
    5. Tests on Skills and Knowledge
    6. Necessary Forms and Paperwork for New Hires
  2. Discrimination Issues and the Hiring Process
    11:30 - 12:30, Jennifer A. Corso
    1. Overview of and Updates on Significant Laws
      1. Title VII
      2. PDA
      3. Equal Pay Act
      4. FLSA
      5. ADEA
      6. USERRA
    2. Background Checks: Rules to Keep in Mind
    3. Laws on Pre-Employment Drug Tests
    4. Questions to Ask - and Not to Ask - on Applications and in Interviews
      1. Criminal Records
      2. Medical Inquiries
    5. Medical Accommodations and the ADA
    6. Religious Accommodations
    7. Diversity in the Workplace: Do's and Don'ts
  3. Discipline Policies: Staying Out of Hot Water
    12:45 - 1:30, Jennifer R. Corso
    1. Crucial Written Discipline Policies
    2. The Hot Spot: Disciplinary Policies Employers Need to Avoid
    3. Discipline Policies and At-Will Employment
    4. The Ups and Downs of Progressive Discipline
    5. Important Papers and Discipline Records
  4. Conducting Airtight Investigations of Sexual Misconduct and Workplace Harassment
    1:30 - 2:15, Jeffrey R. Caccese
    1. Best Practices for Internal or External Investigations
    2. Investigation Interviews: Legal Considerations
      1. Who Should Lead the Interview?
      2. Ensure Privacy
    3. Discoverable Investigation Information
    4. Follow Up on Harassment Complaints
    5. Do Final Reports
    6. Remedy the Problem
  5. The Right Ways to Discipline and Fire Employees
    2:45 - 3:45, Stuart M. Silverman
    1. How to Address Performance Problems: Warnings, Suspensions and Other Forms of Discipline
    2. The Importance of Paper Trails in Case of Litigation
    3. Severance and Release Packages
    4. Critical Disclaimers, Policies and Other Documents
      1. Confidentiality Agreements
      2. Non-Competes
      3. Trade Secrets
    5. Tips on How to Reduce Litigation Risks
    6. COBRA: What You Need to Know
  6. The FMLA, ADA and Workers' Comp Laws: Terminating Employees on Leave
    3:45 - 4:15, Brad Kolling
    1. Guarantee Supervisors and Managers Understand Employment Laws
      1. FMLA
      2. ADA
      3. Workers' Comp Laws
    2. Necessary Documentation for Disciplinary Action
    3. Are Your Absence Policies Non-Discriminatory?
    4. Termination and Job Descriptions
    5. Leave and Undue Hardship
  7. Employment Case Law
    4:30 - 5:00, Brad Kolling
  8. Employment Law Ethics
    5:00 - 6:00, Stuart M. Silverman
    1. Key Rules of Professional Conduct
    2. Confidentiality
    3. Privileged Communications
    4. Identifying and Avoiding Conflicts of Interest

Who Should Attend

This program is designed for attorneys. Human resource professionals, accountants and paralegals may also benefit.


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