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Overview
The Most Dangerous Decisions Employers Make
Discipline and termination decisions are where employers face their greatest legal exposure - and where the gap between doing it right and doing it wrong can mean the difference between a clean separation and a costly lawsuit. This comprehensive 6-hour program gives employment attorneys and HR advisors the practical, step-by-step insights to manage employees without opening the door to litigation. From conducting defensible investigations to navigating disability issues, protected leave, and severance agreements - you get real-world tools you can use immediately. Register today!
- Identify the federal employment laws that govern discipline and discharge.
- Build discipline policies and documentation practices that hold up under agency scrutiny and litigation.
- Handle the toughest discipline scenarios: toxic high performers and employees on protected leave or in the ADA interactive process.
- Conduct workplace investigations that are thorough, privilege-protected, and defensible.
- Execute terminations cleanly - with severance agreements that close the door on future claims.
- Recognize retaliation traps, timing problems, and pretext arguments before they become the centerpiece of the plaintiff's case.
Abbreviated Agenda
- Laws and Liability Exposure for Discipline and Discharge
- Employee Discipline, Documentation, and Defensible Employment Decisions
- Conducting Workplace Investigations
- Termination and Severance Agreement Best Practices
- Monitoring, Discipline, and Discharge in the Modern Workplace
- ADA, Mental Health, and Fitness-for-Duty Issues
- Leave Laws, Retaliation, and High-Risk Termination Decisions
- Legal Ethics
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Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| California MCLE Paralegal |
|
6 Total |
| Alaska CLE |
|
6 Total |
| Alabama CLE |
|
6 Total |
| Arkansas CLE |
|
6 Total |
| Arizona CLE |
|
6 Total |
| California CLE |
|
6 Total |
| Colorado CLE |
|
7 Total |
| Connecticut CLE |
|
6 Total |
| Delaware CLE |
|
6 Total |
| Florida CLE |
|
7 Total |
| Georgia CLE |
|
6 Total |
| Hawaii CLE |
|
6 Total |
| Iowa CLE |
|
6 Total |
| Idaho CLE |
|
6 Total |
| Illinois CLE |
|
6 Total |
| Indiana CLE |
|
6 Total |
| Kansas CLE |
|
7 Total |
| Kentucky CLE |
|
6 Total |
| Louisiana CLE |
|
6 Total |
| Maine CLE |
|
6 Total |
| Minnesota CLE |
|
6 Total |
| Missouri CLE |
|
7.2 Total |
| Northern Mariana Islands CLE |
|
6 Total |
| Montana CLE |
|
6 Total |
| North Carolina CLE |
|
6 Total |
| Nebraska CLE |
|
6 Total |
| New Hampshire CLE |
|
6 Total |
| New Jersey CLE |
|
7.2 Total |
| New Mexico CLE |
|
6 Total |
| Nevada CLE |
|
6 Total |
| New York CLE |
|
7 Total |
| Ohio CLE |
|
6 Total |
| Oklahoma CLE |
|
7 Total |
| Pennsylvania CLE |
|
6 Total |
| Rhode Island CLE |
|
7 Total |
| South Carolina CLE |
|
6 Total |
| Tennessee CLE |
|
6 Total |
| Texas CLE |
|
6 Total |
| Utah CLE |
|
6 Total |
| Virginia CLE |
|
6 Total |
| Vermont CLE |
|
6 Total |
| Washington CLE |
|
6 Total |
| Wisconsin CLE |
|
7 Total |
| West Virginia CLE |
|
7.2 Total |
| Wyoming CLE |
|
6 Total |
| Arizona CPE for Accountants |
|
7 Total |
| New York CPE for Accountants |
|
7 Total |
| Washington CPE for Accountants |
|
7 Total |
| Wisconsin CPE for Accountants |
|
7.2 Total |
| Delaware Certified Paralegal Program |
|
6 Total |
| Florida Registered Paralegal |
|
7 Total |
| HRCI |
|
6 Total |
| Indiana Paralegal CLE |
|
6 Total |
| Montana CLE Credit for Paralegals |
|
6 Total |
| CPE for Accountants/NASBA |
|
7 Total |
| North Carolina Continuing Paralegal Education |
|
6 Total |
| New Mexico Paralegal Division, State Bar of |
|
6 Total |
| Ohio Certified Paralegals |
|
6 Total |
| NFPA |
|
0 Total |
| SHRM CP/SCP |
|
6 Total |
| Texas State Bar of Paralegal Division |
|
6 Total |
Select Jurisdiction
CLE
Paralegal
Other
Agenda
-
Laws and Liability Exposure for Discipline and Discharge
- Federal Employment Laws
- RIFs, WARN, and Restructuring Risks
- Exceptions and Factors That Undermine At-Will Status
- Employment Contracts
- Union Employee Protections and Collective Bargaining Issues
- Litigation and Enforcement Trends and Developments
-
Employee Discipline, Documentation, and Defensible Employment Decisions
- Drafting Effective Discipline Policies
- Legal Pitfalls: Verbal Counseling, PIPs
- The Documentation Problem: Why Employers Lose Otherwise Valid Terminations
-
Conducting Workplace Investigations
- When Workplace Investigations Are Necessary
- Investigating Employee Misconduct and Policy Violations
- Responding to Harassment, Discrimination, and Retaliation Complaints
- Interim Measures, Suspension Decisions, and Preservation Obligations
- Investigation Findings and Recommended Corrective Action
- Attorney-Client Privilege and Internal Communications
- Electronic Evidence and Digital Records
-
Termination and Severance Agreement Best Practices
- Pre-Termination Checklist
- Conducting the Termination Meeting: Legal Best Practices
- Severance Agreements and Releases
- Final Paycheck Requirements, Deductions and Withholding Issues
- Post-Termination Issues (Unemployment Claims, References, and Defamation)
-
Monitoring, Discipline, and Discharge in the Modern Workplace
- Remote Work Monitoring and Productivity Tracking
- AI and Automated Employment Decision-Making
- Social Media, Political Speech, and Off-Duty Conduct
- Slack, Teams, Texts, and Electronic Workplace Evidence
-
ADA, Mental Health, and Fitness-for-Duty Issues
- Performance Management and Discipline During the Accommodation Process
- Termination Risks Involving Disabled Employees
- Mental Health: Misconduct vs. Disability Symptoms
- Substance Abuse, and Fitness-for-Duty Issues
- Direct Threat and Safety-Sensitive Position Issues
-
Leave Laws, Retaliation, and High-Risk Termination Decisions
- Discipline and Termination During Protected Leave
- Attendance Policies, Intermittent Leave, and Protected Absences
- Managing Abuse, Fraud, and Suspected Leave Misuse
- Protected Activity and Retaliation Risks
- Timing Problems and Pretext Arguments
-
Legal Ethics
- Conflicts of Interest
- Confidentiality and Privilege Pitfalls
- Ethics of AI Use in Employment Practice
- Ethical Obligations During Internal Investigations
- Ethical Issues in Drafting and Negotiating Severance Agreements
Who Should Attend
This program is designed for attorneys. HR professionals, accountants, employment consultants, and paralegals will also benefit.
Speakers
Speaker bio
Emily W. Farr
is Sr. Legal Counsel - Employment Law with Crocs, Inc. She provides advice and counsel on a wide range of employment law topics. Ms. Farr is an active community volunteer, volunteer moot court judge, frequent speaker on employment law topics, and writer. She graduated from Northwestern University and earned her J.D. degree from The University of Michigan Law School.
Speaker bio
Michelle Kommer
is the owner of HighRoad Partners in Fargo, North Dakota. She a licensed attorney, experienced in labor and employment matters, as well as corporate governance and contracts. Ms. Kommer previously served as North Dakota's Labor Commissioner and Commerce Commissioner, which provided a close-up view of the challenges and triumphs of small business owners. Prior to her public service, she spent more than 20 years in the private sector, serving in executive human resource, legal and operational leadership roles in a variety of industries including financial services, manufacturing, heavy construction, energy and health insurance. Ms. Kommer earned her J.D. degree from the University of North Dakota practices law in North Dakota and Minnesota. She is also a passionate advocate for child welfare, as a foster and adoptive parent. Ms. Kommer founded the North Dakota Heart Gallery, a non-profit promoting the need for adoptive families for North Dakota children.
Speaker bio
Ralph R. Smith, III
is a shareholder and co-chair of the labor and employment group of Capehart & Scatchard, P.A. He focuses his practice in employment litigation and preventative employment practices, including counseling employers on the creation of employment policies, non-compete and trade secret agreements, and training employers to avoid employment-related litigation. Mr. Smith represents both companies and individuals in related complex commercial litigation before federal state courts and administrative agencies in labor and employment cases; including race, gender, age, national origin, disability and workplace harassment and discrimination matters, wage-and-hour disputes, restrictive covenants, grievances, arbitrations, drug testing, and employment-related contract issues. He earned his B.A. degree, magna cum laude, from Temple University and his J.D. degree, cum laude, from Temple University School of Law. Mr. Smith is admitted to practice in New Jersey and Pennsylvania.
Speaker bio
Jonathan T. Hyman
is a member of Wickens Herzer Panza's Litigation Department, chairperson of the Employment and Labor practice group, and serves on the firm's Board of Directors. He focuses his practice on management-side labor and employment law, providing businesses proactive solutions to solve their workforce problems and reactive solutions when they find themselves litigating against an employee or group of employees. Mr. Hyman also has extensive experience on more specialized labor and employment law issues such as wage and hour compliance, social media, cybersecurity, and other workplace technology concerns, affirmative action compliance, and union avoidance and labor relations. He is also one of the co-founders and co-practice group leaders of the firm's craft beer practice. In that capacity, Mr. Hyman helps brewers, brew pubs and restaurants, and businesses that serve the craft beer industry navigate their specialized business, legal, and regulatory issues. He earned his bachelor's degree, magna cum laude, from Binghamton University and his J.D. degree, magna cum laude, Order of the Coif, from Case Western Reserve University School of Law. Mr. Hyman is affiliated with Cleveland Metropolitan Bar Association, Ohio Chamber of Commerce, Lake Ridge Academy, Workforce Magazine and Noonan Syndrome Foundation. He is admitted in the state of Ohio, U.S. District Court for the Northern and Southern districts of Ohio, U.S. Bankruptcy Court for the Northern District of Ohio, U.S. District Court for the Northern District of Illinois, U.S. District Court for the Northern District of Oklahoma, and U.S. Court of Appeals for the Sixth Circuit and the Federal Circuit.
Speaker bio
Peter J. Gillespie
is partner with Laner Muchin, Ltd. He represents and counsels management on a wide array of employment law-related issues, including workplace safety and health, wage and hour laws, prevailing wage issues, covenants not to compete, discrimination and harassment, wrongful discharge, whistleblower claims, class actions, hiring, discipline, promotion and dismissal decision-making, workplace privacy, and statutory compliance. Mr. Gillespie provides employers with strategic advice to help meet their objectives while reducing potential litigation risks. He handles litigation in both federal and state courts as well as claims pending with state and federal administrative agencies including the Occupational Safety and Health Administration, Equal Employment Opportunity Commission, U.S. Department of Labor, Illinois Department of Human Rights and Illinois Department of Labor. He earned his B.A. degree from Northwestern University and his J.D. degree from Georgetown University Law Center.
Speaker bio
Samantha Damewood
is an attorney with Laner Muchin where she focuses her practice in private and public sector employment litigation. She has experience working with employers on a broad range of complex legal issues, including handling claims brought under Title VII, the ADA, the ADEA, the FMLA, and the FLSA. Ms. Damewood earned her J.D. degree from Chicago-Kent College of Law, where she graduated magna cum laude with a certificate in Labor and Employment Law. While in law school, she served as a junior associate for the Chicago-Kent Law Review and as a student editor for the Employee Rights and Employment Policy Journal. Additionally, she earned her B.S. degree, Informatics, Bioinformatics, from Baylor University. Ms. Damewood is licensed to practice in Illinois.
Speaker bio
Katherine B. Capito
is a partner in the Washington, D.C. office of FisherBroyles, LLP. She has a wealth of experience in handling litigation matters, particularly in the realm of labor and employment. Ms. Capito has established herself as a trusted advisor and skilled litigator. Her expertise spans across all facets of litigation, including providing counsel, arguing and drafting motions, managing discovery, and conducting trials. Ms. Capito's clients benefit from her representation before state and federal courts, arbitrators, West Virginia Human Rights Commission, EEOC, NLRB and DOL. Additionally, she is well-versed in handling nationwide wage and hour and FLSA class actions. Ms. Capito is admitted to practice in West Virginia, U.S. District Court for the Southern and Northern districts of West Virginia. She earned her B.A. degree from Roanoke College and her J.D. degree, magna cum laude, from Washington and Lee University School of Law, where she was Order of the Coif.
Speaker bio
Colin Finnegan
is a labor and employment attorney at Kutak Rock with experience in litigation and traditional labor matters. He zealously defends employers in claims involving the Americans with Disabilities Act (ADA); Family and Medical Leave Act (FMLA); Titles III and VII of the Civil Rights Act; Occupational Safety and Health Act (OSHA); Missouri, Kansas and Nebraska state discrimination laws; and other related claims. Mr. Finnegan's experience includes handling all aspects of litigation from the investigation phase through trial. He works with employers to create and implement a practical and effective strategy depending on the unique facts and circumstances of each case. In his practice, Mr. Finnegan also counsels clients in traditional labor matters, including union organizing campaigns, unfair labor practice charges, and union awareness training. Using his extensive knowledge of state and federal labor and employment laws, he routinely counsels employers on hiring and firing, drug testing, employment policies and handbooks, and proactive strategies for litigation avoidance. Mr. Finnegan earned his B.A. degree from Northern Illinois University and his J.D. degree from the University of Kansas School of Law. He is admitted to practice law in Kansas, Missouri and Nebraska; and before the U.S. District Court, Eastern and Western districts of Missouri; U.S. District Court, District of Kansas; U.S. District Court, District of Nebraska; and U.S. District Court, District of Colorado.
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