Labor & Employment

Wrongful Termination: Investigation, ADR, and Litigation Guide

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
OnDemand
5 hours 54 minutes
Mitchell Rhein
Nathaniel Jordan
Matthew Schubert
Rachel Barlotta
Thomas Mew
With Mitchell J. Rhein from Spilman Thomas & Battle, PLLC + 4 others
Recorded August 15, 2025.
Product ID 100666

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Overview

Explore Top Dispute Trends, Changing Legal Tactics, and Urgent Rules Updates

This legal course delves into the complexities of wrongful termination claims, providing practical guidance for navigating investigations, ADR processes, and potential litigation. Build a solid framework for your employment litigation cases - register today!

  • Get an update on the state of wrongful termination today: explore top causes of action, and defenses.
  • Organize and improve your investigation into potential claims.
  • Hone your interview techniques for getting true answers and handling difficult witnesses.
  • Analyze evidence for gaps and inconsistencies.
  • Leverage ADR and litigation tactics to improve client outcomes: for both sides of the table.
  • Analyze recent case law and trends for lessons and practical takeaways.

Abbreviated Agenda

  1. Case Selection and Cause-of-Action Analysis - What to Consider
  2. Contract and Policy Review: Discipline and Termination Policies, Employee Agreements, etc.
  3. Critical Employer Defense Strategies
  4. Honing Your Investigation Tactics
  5. Creative Ways of Resolving Claims Outside of Litigation (Mediation, Settlement, ADR, etc.)
  6. Addressing Damages and Remedies
  7. Litigation Trends and Lessons From Recent Case Law
  8. Ethics in Wrongful Termination Practice
Product ID 100666

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Select Jurisdiction
CLE

Agenda

All times are shown in
  1. Case Selection and Cause-of-Action Analysis - What to Consider

    1. Regulations and the Changing Role of Government Agencies
    2. Employment-at-Will Doctrine and Its Exceptions
    3. Case Analysis and Client Intake
    4. Cause of Action Essentials: Discrimination, Retaliation, Breach of Contract, Public Policy Violations, etc.
  2. Contract and Policy Review: Discipline and Termination Policies, Employee Agreements, etc.

  3. Critical Employer Defense Strategies

    1. Common Defenses Reinvented
    2. Obtaining and Leveraging Expert Testimony
    3. Overcoming Black-Hat Bias With Juries
  4. Honing Your Investigation Tactics

    1. Planning the Investigation: Scope, Timeline, Key Parties, Critical Documents
    2. Obtaining Employment Documents, Performance Reviews, and Handbooks
    3. Interviewing Co-Workers and Other Potential Witnesses
    4. Compiling and Analyzing Other Evidence: Circumstantial and Direct
    5. Investigation Documentation
  5. Creative Ways of Resolving Claims Outside of Litigation (Mediation, Settlement, ADR, etc.)

  6. Addressing Damages and Remedies

  7. Litigation Trends and Lessons From Recent Case Law

    1. Remote Work and Wrongful Termination
    2. The Impact of Social Media
    3. Consistent Application of Employee Policies (e.g., in Drug Testing)
    4. Accommodation Requests
    5. Mass Termination of Government Employees
    6. Termination After Leave
  8. Ethics in Wrongful Termination Practice

    1. Guarding Confidentiality and Data Security
    2. Representation of Employees AND Employers
    3. Social Media Risks and Best Practices
    4. Settlement Negotiations Ethics: Omissions, Misrepresentations, and More
    5. Ethical Concerns in Severance Agreements

Who Should Attend

This course is designed for attorneys. HR professionals, accountants, company executives, and paralegals may also benefit.

Speakers

Mitchell J Rhein
Mitchell J.
Rhein
Spilman Thomas & Battle, PLLC
Nathaniel M Jordan
Nathaniel M.
Jordan
Yoder Ainlay Ulmer & Buckingham LLP
Matthew O Schubert
Matthew O.
Schubert
Frost Brown Todd LLP
Rachel V Barlotta
Rachel V.
Barlotta
Baker Donelson Bearman Caldwell & Berkowitz, PC
Thomas J Mew IV
Thomas J.
Mew, IV
Buckley Bala Wilson Mew LLP
Speaker bio
Mitchell J Rhein

Mitchell J. Rhein

Spilman Thomas & Battle, PLLC
Mitchell Rhein

is a member of the Charleston, West Virginia office of Spilman Thomas & Battle, PLLC. His primary area of practice is labor and employment law. Mr. Rhein represents employers and their executives in employment-related claims, including discrimination and harassment, wrongful discharge, breach of contract, breach of noncompete contracts and non-solicitation contracts, and disclosure of trade secrets. He also represents employers on traditional labor matters, including unfair labor practice charges before the National Labor Relations Board; union organizing campaigns and elections; and collective bargaining, as well as Advising employers regarding internal and external investigations on wage and hour issues and allegations of harassment and discrimination. Mr. Rhein earned his B.A. degree from Michigan State University and his J.D. degree from the University of Kentucky College of Law. He is admitted to practice in West Virginia, Kentucky, and Pennsylvania. Mr. Rhein is a member of the Kentucky Bar Association, West Virginia State Bar, Energy and Mineral Law Foundation, American Bar Association and Defense Research Institute.

Speaker bio
Nathaniel M Jordan

Nathaniel M. Jordan

Yoder Ainlay Ulmer & Buckingham LLP
Nathaniel Jordan

is a partner at Yoder Ainlay Ulmer & Buckingham LLP. During his two decades of practice in northern Indiana, Mr. Jordan has handled trial and appellate court litigation in various state and federal courts, with stakes high and low. His litigation practice includes commercial litigation, employment litigation, and governmental litigation in civil rights law and in other contexts. Mr. Jordan has represented for-profit and not-for-profit corporations and governmental clients in such litigation matters, and has also represented them for general employment law and policymaking work. As part of his governmental work, he took a lead role in codification of the Elkhart County, Indiana Code of Ordinances. Over his years of practice, Mr. Jordan has written articles, edited publications, and given presentations on topics relevant to governmental and corporate clients. He has been active in community, church, and lawyering organizations; with prior roles as a board member of the Oaklawn Foundation for Mental Health, as a board member of the American Heart Association's Elkhart County Board of Directors, as a board member of College Mennonite Church, and as president of the Goshen City Bar Association. Mr. Jordan previously served as DRI's Governmental Liability Committee Publications Chair. He is a member of the Federation of Defense & Corporate Counsel, which exists to be the inspired community of vetted defense counsel, exceptional leaders, and even better people. Mr. Jordan earned his B.A. degree from Goshen College and his J.D. degree from Boston College Law School.

Speaker bio
Matthew O Schubert

Matthew O. Schubert

Frost Brown Todd LLP
Matthew Schubert

is an attorney with Frost Brown Todd LLP in the labor and employment practice group. He previously worked as a legal intern for the Missouri State Public Defender's System Children's Defense Team, as well as an extern for AB InBev and the Legal Services of Eastern Missouri. While in these roles he drafted motions to suppress statements and evidence, cross-examinations of witnesses, memorandums analyzing Missouri State legal issues, and provided guidance on several global labor and employment issues. Mr. Schubert also devised trial strategies and assessed potential counter arguments to attorney case theories. He graduated, cum laude, from Washington University School of Law in St. Louis, where he served as the career programming chair for the American Constitution Society and editor-in-chief for the Washington University Journal of Law and Policy. Mr. Schubert is admitted to practice in Ohio.

Speaker bio
Rachel V Barlotta

Rachel V. Barlotta

Baker Donelson Bearman Caldwell & Berkowitz, PC
Rachel Barlotta

is a shareholder in the labor and employment practice group of Baker Donelson Bearman Caldwell & Berkowitz, PC. She represents employers and management in all aspects of federal and state court litigation involving discrimination, retaliation, harassment, wage and hour claims, family and medical leave issues, and non-compete agreements. Ms. Barlotta has successfully represented employers in several jury trials and before the Eleventh Circuit. She was recently listed in Chambers USA as a leading labor and employment lawyer in Alabama and has been listed by Best Lawyers in America for Labor and Employment Litigation for every year since 2021. The Birmingham Business Journal has also recognized her as a Rising Star of Law and named her to the Top 40 Under 40 list. She was recognized by B-Metro Magazine in 2022 as a Top Women Attorney.

Speaker bio
Thomas J Mew IV

Thomas J. Mew, IV

Buckley Bala Wilson Mew LLP
Thomas Mew

is a partner with Buckley Bala Wilson Mew LLP, where he practices a broad range of employment law matters, including both individual and class action wage and hour, discrimination and harassment litigation, as well as in arbitration and mediation. He also is an advisor on employment contracts, releases, and restrictive covenant issues. Mr. Mew is the co-author of Georgia Motion Practice, a guide to civil motion practice in Georgia's trial and appellate courts, and the co-author of Georgia Employment Law. He has litigated in state and federal courts at both trial and appellate levels, including the U.S. Supreme Court. Mr. Mew earned his J.D. degree from the University of Georgia School of Law.

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