This half-day workshop will address a wide and varied group of topics in the area of employee relations. Attorney-led panels and specialized breakouts will review a number of everyday laws and regulations that impact the employer-employee relationship. These laws and regs are often packed with ambiguity and gray areas that trigger doubt in even the most seasoned HR professional’s mind.
If you’re looking to enhance your strategic and tactical approach in a hands-on format, this ASE exclusive event was designed for you.
What's in it for you?
- Join fellow HR professionals seeking the answers to having a harmonious workforce in an ever changing environment.
- A unique luncheon session will feed your hunger and your mind during an “Ask the Lawyers” session on any and all employee relations topics.
This program has been submitted for 3.25 general credits hours toward PHR, SPHR and GPHR recertification through the HR Certification Institute (HRCI) as well as 3.25recertification credit hours (PDC) toward SHRM-CP and SHRM-SCP through the Society of Human Resource Management (SHRM). The use of these seals is not an endorsement by HRCI or SHRM for the quality of the program . It means that this conference has met the HRCI's and SHRM's criteria to be pre-approved for recertification credit.
For questions on this event, contact Anthony Kaylin
ASE's Employment Law Workshop will consist of two Plenary sessions and two sets of breakout sessions. Attendees can attend one session in each set of breakouts.
Breakout Sessions - 9:45a.m. - 11:00 a.m.
James B. Perry, Member, Dickinson Wright PLLC
Carolyn P. Cary, Of Counsel, Dickinson Wright PLLC
The EEOC is pushing the limits of adverse actions that can be considered retaliatory acts by employers. Retaliation charges are the fastest growing and number one charge for the agency. By emphasizing retaliation as a separate cause of action the EEOC has made it more difficult for employers to use progressive discipline to terminate employees. Plaintiffs’ lawyers are also getting into this area as court cases alleging discharge based on retaliation for exercising protected rights have resulted in big judgments or hefty settlements. This session will review the EEOC’s definition of retaliation and provide best practices and approaches when investigations are necessary and when they go wrong. It will help you avoid subjecting your firm to claims based on retaliation.
The New Business Visa Environment Under the Trump Adminstration
Alexandra LaCombe, Partner, Fragomen, Del Rey, Bernsen & Loewy, PLLC
On April 18, 2017, President Trump issued Executive Order 13788, which declares that it is the policy of the United States to “buy American and hire American.” Among other things, the order directs the Secretary of State, Attorney General, Secretary of Labor, and Secretary of Homeland Security to propose new rules and issue new guidance to protect U.S. workers’ interests in the administration of the immigration system, including the prevention of fraud or abuse. They have also been directed to suggest reforms to help ensure H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries. Earlier, on April 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it has adopted a more targeted approach for site visits to H-1B petitioners and employee worksites. Participants will learn about the policy reasons for changes and what to expect under the Trump Administration for all things related to business visas.
More Breakout Sessions - 11:15 a.m. - 12:30 p.m.
Terminations A-through Z and Minimizing the L (Lawsuits)
Anne-Marie Vercruysse Welch, Senior Attorney, Clark Hill PLC
Employees can do some of the darnedest things. This session will focus on how employers can create their own history that will insulate them from wrongful discharge claims (how to conduct and document the investigation, correctly identify the issues, avoid the cat's paw theory of liability, and eventually who and how to terminate). Participants will be presented with various scenarios asking them what they would do and provided a checklist that HR can use as a guide to minimize liability.
He Said, She Said, Who is More Credible?
Terry Bonnette, Partner, Nemeth Law PC
When two drivers get into an accident, it is always a question of who had the right of way. Similar issues arise when employees complain about
other employees’ actions. When HR investigates, it feels like a quagmire. It’s never simple and easy. There is always some wrinkle when interviewing
parties and witnesses. Join us in this lively session where techniques will be provided to identify credibility and truth in interviews and how to proceed when truth is gray or something in-between.