Brett Holubeck, Esq. is an attorney with Cruickshank & Alaniz who defends employers in labor and employment law matters. He regularly supports clients facing investigations concerning wage and hour, discrimination, retaliation, and harassment charges by government agencies including the Equal Employment Opportunity Commission (“EEOC”) and the Department of Labor (“DOL”). As the son of a small business owner, Brett understands the importance of preventing trouble before it hits and working with employees to resolve workplace incidents. Brett also blogs on labor, employment, and immigration matters at texaslaborlawblog.com.
Questions to Ask When Establishing Cause for Disciplining & Terminating Employees
CLE Credits earned: 2 GENERAL (or 2 LAW & LEGAL for WA state)
Are you prepared when a client calls with a discipline or termination question? Do you have a process that you use to respond to their questions or do you “wing it”? In this session, participants will review the questions that they must consider when a client has a discipline or termination issue. Attendees will review the common laws that are involved in considering whether to terminate an employee (Family and Medical Leave Act, Title VII, Americans with Disabilities Act, National Labor Relations Act) and upcoming changes involving these laws. Finally, participants will review strategies and approaches that they can use to handle discipline and termination issues.
Key topics to be discussed:
• Know Your Client
• Basic Questions to Ask
• Family and Medical Leave Act
• Title VII
• Americans with Disabilities Act
• National Labor Relations Act
• Reporting unsafe working conditions
• Employees filing for workers’ compensation
Date / Time: March 21, 2019
• 2:00 pm – 4:00 pm Eastern
• 1:00 pm – 3:00 pm Central
• 12:00 pm – 2:00 pm Mountain
• 11:00 am – 1:00 pm Pacific
Choose a format:
• Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
• On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.
myLawCLE seeks accreditation for all programs in all states. (Accreditation for paralegals sought thru NALA and NFPA paralegal associations.) Each attending attorney/paralegal will receive a certificate of completion following the close of the CLE program as proof of attendance. In required states, myLawCLE records attorney/paralegals attendance, in all other states attorney/paralegal is provided with the approved CLE certificate to submit to their state bar or governing association.
Automatic MCLE Approvals
All myLawCLE CLE programs are accredited automatically either directly or via reciprocity in the following states: AK, AR, CA, CT, FL, HI, ME, MO, MT, ND, NH, NM, NJ, NY, WV, and VT. (AZ does not approve CLE programs, but accepts our certificates for CLE credit.)
Applied MCLE Approvals
myLawCLE seeks approval via application in all other states that are not automatically approved through myLawCLE’s state accreditation. (Some states may take up to 4 weeks to send in final accreditation, however attendees will receive accreditation according to the date the class was taken—the state of VA may take up to 12 weeks.)
Accreditation on Formats: Live Video Broadcasts, “Live” Re-Broadcasts and On-Demand CLEs
Live Video Broadcasts
Live video broadcasts are new live CLE programs being streamed and recorded for the first time. All of these programs qualify for “Live” CLE credit in all states except NV, OH, MS, IN, UT, PA, GA, and LA —these states require in-person attendance to qualify for “Live” CLE credit.
“Live” Re-broadcasts are replays of previous recorded CLE programs, set on a specific date and time and where the original presenting speakers calls in live at the end of the event to answer questions. This “live” element allows for “live” Re-broadcast CLEs to qualify for “Live” CLE credits in most states. [The following states DO NOT allow for “live” CLE credits on re-broadcast CLEs: NV, OH, MS, IN, UT, PA, GA, and LA]
On-demand CLE classes are available 24/7 via the myLawCLE portal. Attendance to these classes is monitored and recorded via our login process and a certificate of completion is issued upon the close of viewing the program. These CLEs can be viewed at anytime and only qualify for self-study CLE credits.
Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, HI, CT, FL, ME, MO, MT, ND, NH, NM, VT, NJ, NY, and WV. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.
myLawCLE Credit Guarantee
Additionally, on all online CLE programs application for approval will be made in all states where attending attorneys are primarily licensed in. If a registered attorney does not receive credit from their state for any reason, a full refund will be granted.
Section I. Know Your Client
a) Client preferences
b) Risk tolerance
c) Acceptable behavior in the client’s workforce and industry
Section II. Basic Questions to Ask
a) Did the employee know the policy?
b) How many times has the employee violated the policy and other policies?
c) Has progressive discipline been applied?
d) Have you documented the violation and prior violations? Was the corrective action documented?
e) What level of discipline should be applied based on the employer’s policy?
f) What level of discipline have other employees that have violated the policy received?
g) Are there any circumstances that mitigate the level of discipline that should be applied?
Section III. Special Cases
a) FMLA issues
i. How to evaluate FMLA concerns
ii. Common FMLA issues
b) Title VII
i. Common Title VII concerns
ii. Avoiding retaliation claims
iii. Disparate treatment
c) Americans With Disabilities Act
i. The interactive process
ii. Essential functions
d) National Labor Relations Act
i. Union campaigns
ii. C¬¬oncerted protected activity
e) Other Considerations
ii. Reporting unsafe working conditions
iii. Employees filing for workers’ compensation