Abramson Church & Stave LLP

THE BENEFITS FOR YOU:

On a daily basis, employers are faced with state and federal laws with which they must comply. It is imperative that employers and their counsel invest time and effort to familiarize themselves with these sometimes complex and ever-changing laws in order to prevent, or at least minimize, claims and lawsuits filed by employees.

The purpose of this seminar is to help educate you on the necessity and use of proper documentation. We will teach you some simple techniques to use throughout the entire employment relationship that can limit your potential liability for expensive lawsuits. We will take you from background checks, applications, interviews and the initial offer of employment through handbooks, policies and evaluations to discipline and terminations with an eye toward good, accurate documentation that can be beneficial in defense of a lawsuit.

HIGHLIGHTS OF THE SEMINAR:

1. Practical steps to help employers comply with the numerous employment laws that affect their daily lives.

2. Documentation needed to prove that employers have complied with the law and can defend themselves in the event of a lawsuit.

3. Guidance on proper documentation of discharge procedures to lower the risk of litigation.

4. Updates on disability and harassment laws.

5. Workers Comp issues and risks.

AGENDA

8:30 – 9:30 a.m.
I. Workers Compensation Issues and Potential Risks

9:30 – 10:15 a.m.
II. Documentation at the Beginning of the Employment Relationship – Part 1

A. Employment Application and Interview Process
B. Employment Offers
C. Drug Testing and Physicals
D. Employment Eligibility Verification – Form I-9
E. Employee Handbooks – Are They a Help or a Hindrance?

10:15 – 10:25 a.m.
Break

10:25 – 11:00 a.m.
Documentation at the Beginning of the Employment Relationship – Part 2

F. Job Descriptions
G. Wage and Hour Issues

11:00 a.m. – 12:00 p.m.
III. Documentation During the Employment Relationship

A. Documenting Discipline for Performance Issues
B. How to Best Utilize Evaluations
C. Consistency of Application of Personnel Policies
D. Last Chance Agreements
E. Retaliation Claims

12:00 – 1:00 p.m.
Lunch (On Your Own)

1:00 – 2:00 p.m.
IV. Disability Legislation

A. California Fair Employment and Housing Act and The Americans with
Disabilities Act – What are the Differences?
B. Is the Employee Disabled?
C. Duty to Accommodate
D. Interactive Process
E. What are the Essential Functions of the Job?
F. Employee Privacy Rights

2:00 – 3:00 p.m.
V. Harassment and Discrimination Investigation

A. Statutory Framework
B. Types of Harassment
C. Harassment Policies
D. Training and Investigation
E. Documentation is a Necessity

3:00 – 3:15 p.m.
Break

3:15– 4:00 p.m.
VI. Documentation at the Termination Stage

A. Exit Interview – The Need for a Termination Document
B. COBRA
C. Unemployment Insurance
D. Timely Payment of Wages and Benefits – Measures to Avoid Private Attorney General Claims – the “Sue Your Boss” law
E. Severance Agreements
F. Reference Checks Regarding Former Employees

4:00– 4:30 p.m.
VII. Legal Ethics