Terminating Employees on Job-Protected Leave: Avoiding FMLA and ADA Claims
A live 90-minute CLE video webinar with interactive Q&A
This CLE course 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, and outline best practices for documenting performance issues and disciplinary actions and avoiding retaliation claims.
Outline
- Brief overview of federal and state leave protection laws
- Documentation best practices
- Timing considerations
- Strategies for overcoming abuse
- Review of recent case law
- Best practices to avoid retaliation claims
Benefits
The panel will review these and other key 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?
- How can employers approach disciplining an employee claiming entitlement to leave, special ADA consideration, or workers' comp?
- What are the best practices to implement to avoid retaliation/discrimination claims under the FMLA, ADA, or workers' comp?
- When is it permissible to terminate an employee on FMLA leave?
- How do courts evaluate timing issues in retaliation cases?
Faculty
Greg Grisham
Partner
Fisher & Phillips
Mr. Grisham has over 30 years of successful experience counseling and representing employers in all aspects of... | Read More
Mr. Grisham has over 30 years of successful experience counseling and representing employers in all aspects of workplace law in Tennessee and across the U.S. He has helped employers avoid claims, charges, and lawsuits with a focus on preventative practices, including counseling on discipline, termination, demotion, promotion and other workplace changes, investigations, wage and hour compliance, reasonable accommodation assessment, supervisor training and the review of employment policies and procedures. Mr. Grisham has successfully litigated hundreds of administrative charges, employment lawsuits, and arbitration demands on behalf of employers, including federal and state law claims alleging discrimination, harassment, retaliation, wrongful termination, invasion of privacy, defamation, breach of contract, and wage and hour violations, among others. He represents employers in the prosecution and defense of trade secret claims, and in the enforcement of post-employment restrictive covenants such as non-compete, non-solicitation, and non-disclosure agreements. Mr. Grisham also represents employers in unfair labor practice and union representation election proceedings before the National Labor Relations Board. He is a Member of the American Employment Law Council, a Fellow of the College of Labor and Employment Lawyers and of the American Bar Foundation. Mr. Grisham is a past Chair of the Memphis Bar Association's L&E Section and of the Tennessee Bar Association's L&E Section where he currently serves on the Executive Committee.
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Lisa M. Koblin
Partner
Saul Ewing Arnstein & Lehr
Ms. Koblin assists employers with labor and employment disputes, including litigation of discrimination, harassment,... | Read More
Ms. Koblin assists employers with labor and employment disputes, including litigation of discrimination, harassment, retaliation, unpaid wage and class action claims in state and federal courts as well as mediation. She provides counseling on employee handbooks and policies, noncompete agreements, anti-discrimination statutes, wage and hour laws, and joint employer liability. Her experience providing human resources training covers topics ranging from conducting effective investigations, to complying with the Fair Labor Standards Act, Title VII, the Americans with Disabilities Act, the Family and Medical Leave Act, and state and local employment laws concerning paid sick leave, leaves of absence and employee accommodations. governance. Ms. Koblin also represents clients responding to OSHA citations and unfair labor practice charges before the National Labor Relations Board, and defends clients who arbitrate employee grievances before the American Arbitration Association.
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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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