Title Line 1 Title Line 2 Attorney Name Michigan Works! Annual Conference October 13, 201410:15-10:45 am Soaring Eagle Casino & Resort.

Title Line 1Title Line 2

Attorney Name

www.millerjohnson.com

Michigan Works! Annual Conference

October 13, 2014 10:15-10:45 am

Soaring Eagle Casino & Resort Conference Center

www.millerjohnson.com

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Micro – Skills: Ten in 30

10 HR Lessons Learned From the Courtroom

October 13, 2014 10:15 – 10:45 am

Presented By: Jeffrey J. Fraser

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The materials and information have been prepared for informational purposes only. This is not legal advice, nor intended to create or constitute a lawyer-client relationship. Before acting on the basis of any information or material, readers who have specific questions or problems should consult their lawyer.

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Lesson 1

You never want to be in Court on an employment matter

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Employment Litigation

Juries are unpredictable An employer sued by a former employee can

expect to spend $50,000 to more than $200,000 to defend the case

A successful plaintiff in an employment litigation case can receive back pay, lost benefits, reinstatement or front pay, emotional distress damages, punitive damages, and his or her attorney fees paid by the defendant

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Lesson 2

Disability management matters will be the most likely reason you end up in Court on an employment matter

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Learn how to manage disability matters

- ADA

- FMLA

- Workers’ Compensation

- Policies & Procedures

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Lesson 3

Never terminate an employee because he / she is “at-will”

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I do not need to tell any at-will employee that I supervise why I am

terminating him/her.

Legal Answer: T/F Practical Answer: T/F

QUIZ

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Protected Characteristics

race color genetic characteristics religion national origin age veteran status sex disability MICHIGAN STATE LAW ONLY:

weight height marital status

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Lesson 4

Train your Supervisors Managers Executives & your work force

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Train Your Supervisors

Many employment lawsuits are based on supervisors’ actions (or inaction)

Harassment training FMLA training Discipline and documentation training Effective performance reviews

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Lesson 5

Fix or Fire your “two-percentors”

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Lesson 6

Don’t ever terminate an employee during the heat of the moment

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Lesson 7

Document / Document / Document

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& Be Consistent Good documentation is single-best defense in

employment litigation Good documentation might actually prevent

employment litigation Enforce employment policies consistently and

fairly Issue the same discipline for the same

misconduct

Document! Document! Document!

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Lesson 8

Take “Talking Point” script to every significant discipline

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Lesson 9

Update your Employment Application and Handbook

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Update Employment Application

Six months to file a claim False or omitted information grounds for

rejection of application or termination of employment

Don’t ask for information that may not be considered

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Update Employee Handbook

Non-discrimination Policy “At-will” language Harassment Policy FMLA policy (if 50 or more employees) Work Rules Social Media policy

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Lesson 10

Use a Release of Claims

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Use Release of Claims

A properly drafted Release is a complete defense to an employee’s lawsuit against his or her employer

Never, ever provide severance pay or benefits without obtaining a Release from the employee

Special requirements for (i) employees age 40 and older and (ii) group terminations

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Questions?

Jeffrey J. FraserPhone: 616.831.1756

[email protected]

Calder Plaza Building250 Monroe Ave. NW, Suite 800Grand Rapids, MI 49503-2250

Radisson Plaza Hotel & Suites100 West Michigan Avenue, Suite 200Kalamazoo, MI 49007-3960

www.millerjohnson.com