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Live Webinar

90-minute live streaming program
  • March 7
  • 1:00 - 2:30 pm EST

Also available as:

OnDemand Webinar

Employee Retaliation Claims Are On The Rise: How to Prevent and Avoid

March 7

Avoid employee retaliation claims with these tips and tricks.

Employees are protected from retaliatory actions by their employer as a result of or connected with engaging in protected activities recognized by various labor and employment laws. While the total number of traditional disparate treatment and impact claims against employers continue to be rampant, retaliation lawsuits and related administrative charges are actually outpacing traditional claims. As one prominent EEOC investigator recently explained, 'It is not the initial discrimination charge that employers should be concerned with as much or more than ensuring that the employee is not retaliated against for having filed it.' Management, at all levels, must recognize retaliation protections and avoid any perception of retaliation when continuing to control the employee relationship.

Learning Objectives

- You will be able to identify what is protected activity.

- You will be able to discuss adverse action/retaliatory conduct.

- You will be able to explain standards of proof/proving retaliation claims.

- You will be able to discuss potential damages.

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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

What Is Protected Activity? (Common Scenarios Identified)
  • Initiating or Participating in an Internal Workplace Complaint of Harassment or Discrimination
  • Filing a Claim of Discrimination With a Local, State or Federal Civil Rights Agency
  • Requesting an Accommodation for a Medical Condition or Disability
  • Filing or Reporting a Workers' Compensation Claim Following a Work-Related Injury
  • Engaging in Union Organizing Activity or Complained About Workplace Terms and Conditions on Behalf of Co-Workers
  • Requesting a Pregnancy Leave of Absence
  • Requesting Leave Under the Family and Medical Leave Act or Other State Law Leave Entitlements
  • Filing a Safety Related Complaint With the Occupational Safety and Health Administration
  • Filing a Whistle-Blower's Claim Alleging That the Employer Engaged in Illegal Conduct
  • Complaining of Wage and Hour Issues, Including Filing an FLSA Wage Claim
Adverse Action/Retaliatory Conduct
  • National Case Law Developments Identifying What Is and What Is Not Retaliatory Conduct
  • National Statutory Developments Identifying What Is and What Is Not Retaliatory Conduct
Standards of Proof/Proving Retaliation Claims
  • Most Common Standards Analyzed
  • Temporal Proximity and How Timing Can Be Relevant or Irrelevant
  • Case Law Developments Identified
Potential Damages
  • Back Pay
  • Front Pay
  • Reinstatement/Injunctive Relief
  • Attorneys' Fees
  • Punitive Damages
  • Emotional Damages/Pain and Suffering
Employer Best Practices Revealed
  • Do's and Don'ts When Confronting and Disciplining Employees
  • Updating Policies and Procedures to Address Anti-Retaliation
  • Utilizing Appropriate Disclaimers
  • Coordinating Adverse Action With Opposing Counsel, the EEOC or Other Administrative Agencies
  • Reviewing and Updating Valid Release Agreements
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

Live Webinar Registration

  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CO CLE 2.0
     
  • This program may qualify for 2.0 credit hours through the Colorado Supreme Court Board of Continuing Legal and Judicial Education through reciprocity. This course is accredited in other jurisdictions such as New Jersey. To receive CLE credit for this program, a home study affidavit must be submitted to the Supreme Court Board of Continuing Legal and Judicial Education.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • GA CLE 1.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • MS CLE 1.5
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.5
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.5 hours of credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of Law & Legal Procedure credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • HR Certification Institute 1.5
     
  • This program has been approved for 1.5 recertification credit hours toward general recertification through the HR Certification Institute. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
     
  • SHRM 1.5
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
     
  • CPE 1.8 including Personnel/HR 1.8
     
  • Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: https://www.nasbaregistry.org/cpas/complaints. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.8 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Personnel/HR for 1.8 hours. Prerequisite: basic knowledge of employment laws. Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board. Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
     
  • Lorman Business Center, Inc. is a registered provider for CPA CPE through the State Education Department of New York, Sponsor number: 000640. The following course will carry the subject area of Advisory Services for 1.5 hours.
     
  • Lorman Business Center, Inc. has registered with the Texas State Board of Public Accountancy as a CPE Sponsor. This registration does not constitute an endorsement by the Board as to the quality of our CPE Program. This program qualifies for 1.8 hours of continuing professional education.
     

Who should attend?

This live webinar is designed for human resource managers, attorneys, personnel and benefits managers, payroll managers, business owners and managers, presidents, vice presidents, CEOs, controllers and accountants.

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More Program Information

Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Jeffrey A. Risch, Esq.

Jeffrey A. Risch, Esq.

SmithAmundsen LLC

  • Partner and chair of SmithAmundsen’s Labor & Employment Practice Group - Chicago, Illinois
  • Practice emphasizes all aspects of management-side labor and employment, in both employment litigation and traditional labor matters
  • Experience representing employers in federal, state and administrative venues
  • Named to the 2010 Chicago Law Bulletin’s 40 Under 40; Best Lawyers 2017 – Employment Law; and the Illinois SuperLawyers 2012 to 2017
  • Chair, Employment Law Council – Illinois State Chamber of Commerce
  • Chapter Labor Counsel – Associated Builders & Contractors of Illinois
  • Can be contacted at [email protected] or (630) 587-7922
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 400257
Published 2014, 2018
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