Labor & Employment

MT Specific

4.44

Montana Employment Law: Hiring, Firing, and Disciplining Employees

Credits Available
Credit Status Total
Montana CLE Approved 6 Total
OnDemand
5 hours 56 minutes
Jeana Lervick
Gabrielle Wirth
Jay Athey
Brittney Adams
Peter Ostermiller
With Jeana R. Lervick from Crowley Fleck PLLP + 4 others
Recorded November 03, 2023
Product ID 97329

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Overview

Your Guide to Lawfully Hiring and Terminating Employees

What are the do's and don'ts of using social media to screen job applicants? Do you know how to craft an effective investigative report following a workplace investigation? When should you address a decline in work performance concerning an employee on intermittent leave? In this comprehensive online seminar, our experienced faculty provide you with essential guidelines for hiring, onboarding, disciplining, and terminating workers. Whether you're new to employment law, or you're just hoping to get a refresher, this course is for you - register today!

  • Adopt best practices for hiring and onboarding new employees.
  • Uncover practical guidance for preventing hiring discrimination issues.
  • Formulate basic strategies for managing remote workers.
  • Come away with essential tools for conducting reviews.
  • Tackle termination meetings and exit interviews with confidence.

Abbreviated Agenda

  1. Hiring New Employees: Complying With Federal and State Laws
  2. Hiring Discrimination Issues - How to Prevent and Handle Them
  3. Hiring, Onboarding, and Managing Remote Workers: How to Do It Right
  4. Legal Essentials of Disciplining Employees
  5. Conducting Workplace Investigations: Legal Best Practices
  6. Firing Employees: Legal Essentials
  7. Guidelines for Terminating Employees on Leave
  8. Ethical Issues in Employment Law

Related Topics

Product ID 97329

Credit Details

Credits Available
Credit Status Total
Montana CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Hiring New Employees: Complying With Federal and State Laws

    1. Guidelines for Using Social Media to Screen Applicants
    2. Interviews: Avoiding Common Perils
    3. Training Supervisors and Managers on Hiring Practices: Why It Matters
    4. Offer Letters and Other Essential At-Hire Documents
    5. Non-Compete Agreements - Current Developments
    6. Understanding State Working Age Requirements

  2. Hiring Discrimination Issues - How to Prevent and Handle Them

    1. Case Law and Legislative Updates
    2. Risks in Diversity Initiatives
    3. Pay Equity and Salary Transparency - The Latest Developments
    4. Use of AI in Hiring
    5. Background Checks: What You Must Know
    6. Uniform Discipline: Best Practices to Avoid Discrimination Claims

  3. Hiring, Onboarding, and Managing Remote Workers: How to Do It Right

    1. Best Practices in Navigating Varying State Employment Laws
    2. Virtual Interviews and Telework: Impact on the Hiring and Onboarding Process
    3. Tips for Monitoring Work Performance
    4. Ensuring Workers Are Abiding by Company Policies: When and How
    5. Do's and Don'ts of Increasing Employee Retention
    6. Multi-Jurisdictional Work: Recent Case Law

  4. Legal Essentials of Disciplining Employees

    1. Performance Reviews, Warnings, and Suspensions Made Simple
    2. Practical Guidance for Crafting Performance Improvement Plans (PIPs)
    3. Best Practices for Maintaining Disciplinary Policies and Records
    4. Employees With Mental Health Conditions: Handling Performance Issues
    5. Eliminating Bias From the Disciplinary Process
    6. Sloppy Disciplinary Procedures: Top Mistakes to Avoid

  5. Conducting Workplace Investigations: Legal Best Practices

    1. Forming an Investigation Plan
    2. General Rules on Who Should Conduct the Investigation
    3. Techniques for Determining Witness Credibility
    4. Investigation Interviews: Top Legal Considerations
    5. Creating the Investigative Report: Legal Best Practices
    6. Following Up

  6. Firing Employees: Legal Essentials

    1. Conducting Termination Meetings and Exit Interviews: Tips and Traps
    2. State Requirements for Severance Packages and Separation Agreements
    3. State Whistleblower Laws
    4. Disciplining and Terminating Employees for Marijuana Use: Top Risks
    5. Preventing Wrongful Termination Claims
    6. Pay Reductions, Layoffs, and RIFs: Essential Guidelines

  7. Guidelines for Terminating Employees on Leave

    1. The Interactions Between the FMLA, ADA, and State Leave and Workers' Compensation Laws
    2. When a Worker's Performance Suffers While on Intermittent Leave
    3. Do's and Don'ts of Defensive Documentation
    4. Timing Considerations
    5. Avoiding Retaliation Claims
    6. Review of Recent Case Law

  8. Ethical Issues in Employment Law

    1. Rules of Professional Conduct
    2. Conflicts of Interest
    3. Attorneys' Fees
    4. Confidentiality

Who Should Attend

This basic level online seminar on employee hiring and firing is of benefit to:

  • Attorneys
  • Human Resource Professionals
  • Corporate Executives
  • Accountants
  • Payroll Professionals
  • Paralegals

Speakers

Jeana R Lervick
Jeana R.
Lervick
Crowley Fleck PLLP
Gabrielle M Wirth
Gabrielle M.
Wirth
Dorsey & Whitney LLP
Jay J Athey
Jay J.
Athey
Littler Mendelson P.C.
Brittney C Adams
Brittney C.
Adams
Gordon Rees Scully Mansukhani, LLP
Peter L Ostermiller
Peter L.
Ostermiller
Peter L. Ostermiller, Attorney at Law
Speaker bio
Jeana R Lervick

Jeana R. Lervick

Crowley Fleck PLLP
Jeana Lervick

is of counsel with Crowley Fleck, PLLP in the firm's Billings, Montana office. She is a member of the employment law, healthcare, and tort litigation practice groups. Ms. Lervick specializes in matters before the Human Rights Bureau and the Office of Civil Rights, as well as a vast array of healthcare and government related issues. She earned her Bachelor of Science degree from the Honors Program at Montana State University, and her law degree from DePaul University College of Law. Ms. Lervick is admitted to practice in Illinois; United States District Court, Northern District of Illinois; United States Court of Appeals for the Federal Circuit; United States Court of Appeals for the Seventh Circuit;  Montana; and United States District Court, District of Montana.

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Speaker bio
Gabrielle M Wirth

Gabrielle M. Wirth

Dorsey & Whitney LLP
Gabrielle Wirth

is a partner with Dorsey & Whitney LLP. Her successful trial experience in a broad range of employment disputes including wage and hour, whistleblower, wrongful termination, discrimination, harassment, retaliation, breach of contract, and trade secret/noncompetition cases, and her work with the corporate team on acquisitions and startups, equip her to nimbly assess and provide legally compliant options, whether in the counseling or litigation defense role. Ms. Wirth also represents employers before a wide variety of state and federal agencies including the EEOC, OFCCP, state human rights agencies, Labor Commission, Employment Development Department and OSHA. She earned her A.B. degree from the University of California, Berkeley and her J.D. degree from the University of California, Davis School of Law. Ms. Wirth is a member of the California Society for Healthcare Attorneys, John Muir Heritage Society, Yosemite Conservancy, Member and Breakfast Committee, Orange County United Way Women's Philanthropy Fund, Orange County United Way, and the Alexis de Tocqueville Society. She is admitted to practice in California, Montana, U.S. Court of Appeals for the Ninth Circuit, and the U.S. District Court for the Northern, Central, Southern and Eastern districts of California.

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Speaker bio
Jay J Athey

Jay J. Athey

Littler Mendelson P.C.
Jay Athey

is an attorney with Littler Mendelson P.C., where his practice focuses on representing employers in workplace law matters, including discrimination, harassment, retaliation, and wage claims on the agency level and in litigation. He defends local, regional and national employers in retaliatory discharge/wrongful termination litigation and more complex litigation, such as class action and collective action cases under the Fair Labor Standards Act and New Mexico Minimum Wage Act. Mr. Athey also represents public employers in litigation involving sovereign immunity under the Federal Torts Claims Act and New Mexico Torts Claims Act. Prior to joining Littler, he practiced in Florida, Colorado and Montana, defending all types of civil litigation cases in state and federal court. Mr. Athey earned his B.A. degree, cum laude, from Flagler College and his J.D. degree, cum laude, from Florida State University College of Law. He is a member of the State Bar of New Mexico Bar, State Bar of Montana, Colorado Bar Association andThe Florida Bar. Mr. Athey is admitted to practice in New Mexico; Montana; U.S. District Court, District of New Mexico; U.S. District Court, District of Montana; U.S. District Court, District of Colorado; and the U.S. District Court, Northern District of Florida.

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Speaker bio
Brittney C Adams

Brittney C. Adams

Gordon Rees Scully Mansukhani, LLP
Brittney Adams

is an associate with Gordon Rees Scully Mansukhani, LLP, where she provides zealous representation to clients in complex commercial and employment litigation disputes. She has a breadth of experience in defending various individual and class actions lawsuits under both federal and state law, including but not limited to breach of contract, torts, wage and hour, product liability, misappropriation, defamation, and Sherman Act lawsuits. In addition, Ms. Adams also has extensive experience responding to employment administrative charges brought against employers by both state and federal agencies. She is also experienced in providing practical advice to employers regarding non-litigation employment matters, including drafting and revising employee handbooks, policies and employment contracts. Ms. Adams regularly provides workplace training on behalf of employers to employees regarding the impropriety of workplace discrimination, harassment and retaliation. She also conducts investigations into allegations of workplace discrimination, harassment and retaliation, and has served as a third-party consultant in compliance with various consent decrees. Ms. Adams earned her B.A. and M.A. degrees from the University of Lethbridge and her J.D. degree, cum laude, from Seattle University. She is committed to participating in the Spokane Volunteer Lawyers Program, and is a frequent judge of mock trial competitions at Gonzaga University. Ms. Adams serves as a mentor for other women entering the legal profession. She is a member of the Washington Defense Trial Lawyers. Ms. Adams is admitted to practice in Washington, Montana, Idaho, U.S. District Court, Western District of Washington and Idaho District Federal Court.

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Speaker bio
Peter L Ostermiller

Peter L. Ostermiller

Peter L. Ostermiller, Attorney at Law
Peter Ostermiller

is a sole practitioner concentrating in legal ethics and professional responsibility matters. He represents attorneys in disciplinary and reinstatement proceedings, judges in judicial ethics matters, and bar exam applicants. Mr. Ostermiller has also represented parties in attorney's fee dispute proceedings, and attorneys in legal proceedings in which sanctions have been sought against the attorney; represented parties in attorney disqualification proceedings; and counseled lawyers and law firms in their respective rights, responsibilities and duties to other attorneys and their clients. He is a member of the Kentucky Bar Association, Louisville Bar Association, and the Association of Professional Responsibility Lawyers. Mr. Ostermiller served on the Kentucky Bar Association's Ethics 2000 Committee, which proposed changes to the Rules of Professional Conduct to the KBA, and resulted in the July 2009 revisions to the ethics rules. He graduated with his B.A. and J.D. degrees from the University of Louisville.

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