How to Legally Handle Bad Egg Employees

Agenda / Content Covered

All times are shown in Eastern time.

1. Positioning the Company to Deal With Problem Employees
   11:00 - 11:45, Chip Muller
   1. The Importance of Clear Policies and Consistent Enforcement
   2. Benefits and Steps of Progressive Discipline; Legal Alternatives
   3. Progressive Discipline Policy Walkthrough
   4. Best Practices for Discrimination, Equal Employment, and Harassment Policies
   5. Top Legal Blunders That Can Alter At-Will Employment Status
2. What's the Problem? And What's the Legal Solution?
   11:45 - 12:30, Megan Atzert
   1. Productivity and Performance
   2. Insubordination and Interpersonal Issues
   3. Chronic Absenteeism
   4. Substance and Drug Abuse
   5. Criminal Conduct and Workplace Violence
   6. Misuse of Technology
   7. Off-Duty Behavior
3. How to Defensibly Perform Workplace Investigations
   12:45 - 1:30, David Gabor
   1. Why You Need a Complaint and Investigation Process in Place
   2. What's the Trigger?
   3. Preparing and Gathering Evidence
   4. Interviewing the Key Players
   5. Privacy Rights and Recordkeeping
   6. Decision Making
4. Performance Evaluation Drill Down
   2:00 - 2:45, Ann Barry Hanneman
   1. How Sound Performance Management Reduces Legal Risks
   2. The Key Pillars: Objective, Thorough, and Fair
   3. Employee Expectations, Good, Bad, and Ugly
   4. Observing and Documenting Employee Performance
   5. Raising Issues and Discussing Progress
   6. How and When to Take Alternative Action
5. A Checklist Approach to Firing and Post-Firing Considerations
   2:45 - 3:45, Katherine Brustowicz
6. Top 10 Tips for Avoiding Discrimination and Harassment Risks
   4:00 - 5:00, Ann Barry Hanneman
7. Top Issues in Employment Ethics
   5:00 - 6:00, David Gabor
   1. Confounding Conflicts and Solutions
   2. Corporate Client Confusion
   3. Confidentiality Risks in the Digital Age
   4. What Could Go Wrong? Ethics in Internal Investigations

Accreditation Details:

MEGAN ATZERT is an attorney at Pitzer Snodgrass, P.C. Her practice represents companies in all aspects of civil defense. She specializes in employment matters and advises clients on contracts, human resources issues, and other management-related matters. Before joining Pitzer Snodgrass, P.C., Ms. Atzert began her legal career at a prominent criminal defense firm where she specialized in appellate work. It was here where she gained experience defending companies against discrimination claims before the Missouri Human Rights Commission. Ms. Atzert capitalized on her experience with discrimination cases at a boutique labor and employment firm where her practice included litigating employment claims under Federal and State laws and working with management to investigate and respond to employee claims before administrative agencies. She received her B.S. degree in Historic Preservation from Southeast Missouri State University where she graduated as a member of the Dean's List. After beginning her career in urban development, Ms. Atzert decided that she wanted to pursue a law degree to best develop her passion for entrepreneurship support and management. With this motivation in mind, she graduated with her J.D. degree as a Dean's Scholar from Saint Louis University School of Law.

KATHERINE BRUSTOWICZ is an attorney at The Wagner Law Group. Her focus is in the practice areas of employment law & human resources, labor law, and civil litigation. Ms. Brustowicz's practice includes drafting employment-related policies and agreements, conducting employee and management training, and representing employers during audits. She also handles litigation in federal and state courts, administrative agencies, and in mediation and arbitration issues arising out of the employer-employee relationship including but not limited to those involving wage and overtime disputes, employment related contracts, compliance, discrimination, and harassment. Ms. Brustowicz earned her B.A. degree from Bates College and her J.D. degree from Suffolk University Law School.

DAVID GABOR is a partner with The Wagner Law Group, where he focuses his practice in human resources consulting, which includes drafting policies, negotiation of contracts, training employees, representing employers during audits, and overseeing ADA compliance for websites. Mr. Gabor handles litigation in federal and state courts and at arbitrations in issues arising out of the employer-employee relationship. He also maintains an appellate practice. Mr. Gabor is a member of multiple professional organizations, including the New York State and Massachusetts bar associations, the Northeast Human Resources Association, the Society for Human Resource Management, and the Labor & Employment Law Committee. He earned his B.A. degree from the University of Michigan and his J.D. degree from Touro College Jacob D. Fuchsberg Law Centre.

ANN BARRY HANNEMAN is a shareholder at von Briesen & Roper, s.c., where she acts as legal counsel to management in labor and employment law matters, including representing employers in federal and state employment litigation. In addition to litigation, her practice includes advising on employment discrimination, negotiating separation agreements, handling sexual harassment complaints, drafting employee handbooks and developing policies, and managing wage and hour matters and leave requests in compliance with state and federal law. She is admitted to practice in the state and federal courts of Wisconsin, and before the U.S. Court of Appeals for the Sixth and Seventh Circuits. Ms. Hanneman is a member of the Labor and Employment sections of the American Bar Association, the State Bar of Wisconsin, and the Eastern District of Wisconsin Bar Association. She earned her B.S. degree, with integral honors, from LeMoyne College and her J.D. degree from Marquette University Law School.

CHIP MULLER is an employment lawyer and founder of Muller Law LLC. Mr. Muller represents employers and employees in all phases of the employment life cycle and advises companies on how to reduce risk of employment litigation. In addition to employment law, he practices civil litigation and corporate litigation. Mr. Muller is chair of the Employment Committee of the Rhode Island Bar Association. He is admitted to practice in Rhode Island, Massachusetts, and Connecticut, as well as the federal courts in Rhode Island and Massachusetts. He is also admitted in Connecticut state and federal courts, and the U.S. Circuit Court of Appeals for First Circuit. Mr. Muller earned his B.A. degree from Middlebury College, his M.A. degree in religious studies from Boston University, and his J.D. degree from the University of North Carolina School of Law.