Performance and Termination Decisions Under the FMLA and ADA
Avoiding Retaliation Claims and Litigation When Disciplining or Discharging Employees on Protected Leave
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will prepare employment counsel to navigate difficult performance and termination decisions that arise while an employee is on job-protected leave. The panel will outline an employer's obligations under the Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), and other leave protection laws, as well as best practices for documenting performance issues and disciplinary actions and avoiding retaliation claims.
Outline
- Briefing on federal and state leave protection laws
- Documentation best practices
- Timing considerations
- Strategies for overcoming abuse
- Best practices to avoid retaliation claims
Benefits
The panel will review these and other relevant issues:
- How can employers respond to common types of employee leave abuse without violating the law?
- How can employers ensure compliance in situations where they must navigate multiple laws regulating employee leave?
- What are the best practices to implement to avoid retaliation/discrimination claims under the FMLA, ADA, workers' comp, or statutory disability benefits?
- When is it permissible to terminate an employee on FMLA leave?
- How do courts evaluate timing issues in retaliation cases?
Faculty
Jenifer M. Bologna
Principal
Jackson Lewis
Ms. Bologna focuses much of her practice on assisting multistate employers with compliance solutions, developing... | Read More
Ms. Bologna focuses much of her practice on assisting multistate employers with compliance solutions, developing policies and practices that are lawful in all of the jurisdictions in which they operate. She specializes in preventative advice and counsel on a nationwide basis, regularly advising clients on multistate employment law issues to address an increasingly remote and hybrid workforce. In addition, Ms. Bologna supports employers in navigating the complex and growing body of federal, state and local leave, accommodation and benefit laws that impact an employer’s response to employees who are injured or ill, have family care responsibilities or need time to bond with children.
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Jeremy V. Farrell
Shareholder
Tucker Arensberg
As the deputy chair of the firm’s litigation department, Mr. Farrell represents businesses in a variety of civil... | Read More
As the deputy chair of the firm’s litigation department, Mr. Farrell represents businesses in a variety of civil and commercial disputes, with a particular focus on employment law. He advocates on employers’ behalf in state and federal courts, private arbitrations, and in administrative investigation and enforcement proceedings. Mr. Farrell’s litigation experience gives him the background and perspective needed to guide employers and their managers and HR departments through difficult issues in the workplace, with the goal of helping clients comply with the law and minimize risk in a manner consistent with its overall business philosophy. He frequently counsels clients on how to strengthen employment contracts, independent contractor agreements, severance agreements, employee handbooks, and workplace policies; comply with family, medical, and sick leave laws and ordinances—including the Family Medical Leave Act and the Americans with Disabilities Act; effectively respond to employee requests for accommodations due to pregnancy, medical, or religious considerations; and craft compensation structures complying with state and federal minimum wage and overtime laws like the Fair Labor Standards Act.
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Michael J. Slocum
Shareholder
Greenberg Traurig
Mr. Slocum focuses his practice on labor and employment law, including the defense of discrimination, retaliation,... | Read More
Mr. Slocum focuses his practice on labor and employment law, including the defense of discrimination, retaliation, wrongful discharge and whistleblower claims. He has represented employers in a broad array of industries, including healthcare and life sciences, pharmaceutical, private security, and retail, and has experience defending against both individual employee claims and class actions. Mr. Slocum has written and spoken numerous times on a multitude of issues facing employers in diverse industries.
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