Available in:

OnDemand Course

Employee Retaliation Claims and How to Avoid Them

Learn how to review your policies and procedures to ensure that they are compliant and on point with the legal trends.

In an ever-changing world it is difficult to keep up with the increasingly complex intersection of labor and employment laws. It is particularly difficult when you are trying to balance retaliation legislation with disciplinary issues and terminations. This topic will give you a better understanding of the basis for retaliation claims and the analysis that you need to go through in order to mitigate and prevent liability when effectuating discipline and terminations. This information is essential for human resource professionals, supervisors and business owners.

91 minutes
Course Exam
Certificate of Completion
Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 35 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
Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 35 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 Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on November 9, 2020.

Call 1-866-352-9540 for further credit information.

  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • 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, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

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

Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 35 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

Julie A. Proscia, Esq.

Julie A. Proscia, Esq.

SmithAmundsen LLC

  • Partner in the office of SmithAmundsen LLC
  • Practice emphasizes all aspects of labor and employment, public and private sectors
  • Conducts regular seminars and workshops on numerous topics, including supervisor training, wage and hour compliance, and independent contractor issues
  • Author of several publications related to the areas of gender identity issues and changes in the workplace, minimizing risk in employment interviews, sexual harassment in both public and private sector issues, biometrics/data privacy issues, and social media and municipalities
  • Member of the Illinois Senate Task Force on Sexual Discrimination and Harassment Awareness, has been selected to the Illinois Super Lawyers List for multiple years, Selected to the Illinois Super Lawyers “Rising Stars” List, and recognized as “40 Illinois Attorneys Under 40 to Watch”
  • Can be contacted at [email protected] or 630-587-7911
Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 35 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.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • OnDemand Courses
  • Live Webinars
  • MP3 Downloads
  • Course Manuals
  • Executive Reports
  • White Papers and Articles

Additional benefits include:

  • State Specific Credit Tracker
  • All-Access Pass Course Concierge

Questions? Call 877-296-2169 to speak with a real person.

Sign Up Today
With This Course

Access to all training products for one year
$699/year

Unlimited Lorman Training

With the All-Access Pass there is no guessing what you will need for your yearly training budget. $699 will cover all of your training needs for an entire year!

Easy Registrations

Once you purchase your All-Access Pass you will never be any further than one-click away from attending any Lorman training course.

Invest in Yourself

You haven't gotten to where you are professionally by luck alone; it's taken a lot of hard work and training. Invest in yourself with the All-Access Pass.

Product ID: 407926
Published 2020
Purchase Options

Available in Multiple Formats

Purchase this course and learn on your schedule!