Toll free:
+1-800-385-1627
Cart:
0 items

How to Terminate Employees to Get the Best Results before a Jury

Duration:
90 Minutes
Access:
6 months
Webinar Id:
700543
Register Now

Recorded Version

$195. One Participant

Recorded Version: Unlimited viewing for 6 months ( Access information will be emailed 24 hours after the completion of live webinar)

Overview:

Is there any good way to terminate an employee? Does any human resource professional enjoy terminating an employee? Does the employee enjoy the process for that matter? Let's face it. It is one of the worst tasks that face every human resource professional. And, if it is not done correctly, you can bank on the employee going to see a lawyer to see if there is a basis for suing your company (for that matter, the employee may even see a lawyer even if you do it correctly).

What should you be considering when you think it is inevitable that you have to terminate an employee? What questions should you ask if a supervisor comes to you and says "I have had it. That person must go!" This webinar will address all the risky areas, conducting investigations of possible misconduct, what should be in your documentation such as written warnings or performance appraisals, and how to conduct the termination meeting

Why should you attend: At one time, most employment cases were decided by judges. Now, almost all employment cases are decided by juries. Studies actually show that juries believe that employers enjoy terminating employees and "find" ways to terminate them. When juries can't get this image out of their head, they inevitably will punish the company -not only with compensatory damages but very high punitive damages -given the circumstances. It doesn't have to be this way. With a few simple policies and approaching termination in a humanitarian way, you can go a long way to convincing a jury that you not only do not like terminating employee, you only use it as a last resort.

Areas Covered in the Session:
  • Top five areas that fuel "fires" and possible litigation
  • Laws that protect employees from retaliation if they have engaged in "protected activity"
  • How to prevent retaliation claims
  • Why you should avoid thoughts of "at will" employment in the termination process
  • How to handle employees with contractual rights
  • Evaluating the personnel file before termination
  • Does the personnel file have written warnings that will stand up in court?
  • Does the personnel file have evaluations that will stand up in court?
  • Why you shouldn't "carte blanche" rely on supervisor's warnings or evaluations even if they back up what the supervisor is telling you
  • The pros/cons of a progressive discipline policy
  • Preparing for the termination meeting
  • Should you allow the employee to resign in lieu of termination?
  • The exit interview
  • Should you give severance pay?
  • Should you consider a severance agreement?

Who Will Benefit:
  • Management
  • Human Resource Managers
  • Company Owners
Instructor:

Susan Fahey Desmond is a Principal in the New Orleans, Louisiana, office of Jackson Lewis P.C which has offices in 59 cities across the country. She has been representing management in the area of labor and employment law since her graduation from the University of Tennessee School Of Law. She is a frequent speaker and author on a number of labor and employment issues. She is named in Best Lawyers in America and has been named by Chambers USA as one of America's leading business lawyers for labor and employment law.


Recently Viewed