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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
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Why Lorman?

Over 37 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 37 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, New Hampshire, 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.

  • 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.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     

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.

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Why Lorman?

Over 37 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.

Amundsen Davis, LLC

  • Equity Partner in the office of Amundsen Davis, LLC who has been practicing for over twenty years
  • Practice emphasizes all aspects of Labor & Employment, Public and Private Sectors
  • Prolific national speaker on numerous topics, including supervisor training, wage & 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 NLRB trends and updates
  • 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) 862-1288
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Add to Wishlist

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Why Lorman?

Over 37 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

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.

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Product ID: 407926
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