Legal Dos and Don’ts of Employee Discipline

What could get you sued faster than spanking an employee? Well, not much else, actually. Disciplining employees—or more accurately, disciplining employees the WRONG WAY—is undoubtedly one of the fastest ways to land yourself in court.

What seems like a logical—even funny—solution to a problem, like docking someone’s pay if they screw something up and cost you money or publicly humiliating an employee for a mistake, can end up costing you a fortune in time, legal fees, and settlement costs.

How? Because improper employee discipline can lead to claims (either in court or with government agencies) of:

• A hostile work environment
• Harassment
• Discrimination
• Even retaliation

Each of which can easily cost you tens of thousands of dollars before you even get to court.

So, how can you correct problem behavior or even terminate bad employees without getting sued?

Find out when you sign up to hear Evan White and Joseph Harris of the law firm White Harris PLLC discuss strategies for disciplining problem employees legally.

Find out why you:

• Do want to draft a discipline policy carefully, or else it will hinder your ability to terminate an employee or even create an employment contract where you didn’t intend to create one
• Don’t want to rely solely on your manager’s side of the story—employers can be held liable for the actions of supervisors and managers who manipulate the disciplinary process for discriminatory purposes
• Do want to document, document, document!

• Don’t want to botch a workplace investigation—use this blueprint instead to make sure you make all the right moves

Is any of this news to you? Or does a situation at work already come to mind? Then you need to sign up for this audio conference. Evan and Joseph will focus on some of the most common mistakes employers make concerning discipline and discharge. They’ll also offer practical guidance on how to develop and implement disciplinary policies and procedures in a way that will be effective in controlling employee behavior while minimizing employers’ legal exposure to risk.

This is must-hear information that will help you on the front end, nipping problems in the bud, and on the back end, avoiding legal risks. Sign up today.

Learning Objectives:

• How employee discipline can lead to a lawsuit: some typical scenarios
• Popular discipline policies that are illegal
• How a discipline policy can, unintentionally, create an employment contract or restrict an employer’s ability to terminate
• The elements of an effective discipline policy
• E-mail, the internet, and employee discipline
• Blueprint of a workplace investigation
• Why documentation and uniform application of policies are critical to minimizing legal exposure
• The importance of properly training supervisors
• Tips for handling some of the most common employee discipline problems
• And when nothing else works—termination

Presented by:

Evan J. White
Partner
White Harris PLLC

Evan White’s extensive labor and employment law background includes both private practice and government experience. In private practice, Mr. White served as a Labor and Employment Associate at the law firm of Putney, Twombly Hall and Hirson LLP. There he represented employers in a broad range of industries including healthcare, higher education, and the automotive industry. He also drafted collective bargaining agreements, employer policies, handbooks, severance agreements, employment contracts, and appeared in federal and state courts and before administrative agencies. After Putney, Mr. White opened his own labor and employment law firm, representing employers in all aspects of labor and employment law, including administrative complaints and litigation involving federal, state, and local laws, such as Title VII, the Americans with Disabilities Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the National Labor Relations Act, the New York State Human Rights Law and the New York Labor Law.

Mr. White’s government experience includes service as an Assistant General Counsel for the Mayor’s Office of Labor Relations, which is responsible for municipal labor relations for the City of New York, which employs approximately 300,000 people and 140 individual bargaining units. There he provided legal counsel and represented the City in collective bargaining negotiations. He also drafted collective bargaining agreements and advised City officials on various labor and employment issues, including drug and alcohol testing, discipline and discharge, reductions in force, the Family and Medical Leave Act, the Fair Labor Standards Act, employee benefits, and salary disputes. His record as an Assistant General Counsel includes successfully representing various New York City agencies, such as the New York City Police Department and the Administration for Children’s Services, in labor relations matters before the New York City Office of Collective Bargaining, in arbitrations, improper practice hearings, and in proceedings for injunctive relief. Mr. White has also served as a Review Officer for the New York City Office of Labor Relations. In that capacity, he heard labor grievances between the City of New York and its unions involving issues such as discipline and discharge of City employees and contractual disputes arising from collective bargaining agreements.

Mr. White is a member of the Labor and Employment Law Section of the New York State Bar Association and the Labor and Employment Law Committee of the New York City Bar Association. He is admitted to practice in the state of New York and, in the federal courts, in the Southern and Eastern districts of New York. Mr. White is a graduate of Lafayette College and New York Law School.

Joseph H. Harris
Partner
White Harris PLLC

Joseph Harris has focused his career as an employment attorney on counseling and advising businesses. Before becoming a partner at White Harris, he managed his own employment law practice, which counseled small businesses on compliance with city, state, and federal employment laws. In that capacity, Mr. Harris advised companies in connection with employment policies and procedures, wage practices, termination, severance, employment agreements, and restrictive covenants.

Previously, Mr. Harris practiced employment litigation at Moses & Singer LLP, one of the top nationally ranked law firms in the United States. There, he worked directly with the co-head of the firm’s Litigation and Employment and Labor departments to assist in representing corporate clients in a variety of employment law matters including those involving breach of contract, wrongful termination, and wage and hour disputes. These corporations ranged in size from regional businesses to international financial institutions.

Mr. Harris is an alumnus of Oxford University and a graduate of Haverford College and the Benjamin N. Cardozo School of Law. He is admitted to practice in the state of New York and in the federal courts in the Southern and Eastern districts of New York. He is a member of the Labor and Employment Law Section of the New York State Bar Association and the Labor and Employment Law Committee of the New York City Bar Association.

White Harris PLLC practices exclusively in the area of labor and employment law, representing management. The firm counsels businesses on how to comply with local, state, and federal employment laws and represents them in court, before government agencies, and in alternative forums such as arbitration and mediation.

Who would benefit from this program:

• HR Managers
• HR Directors
• HR Professionals

Why a WTC Audio Conference is Right for You:

• Fast, convenient learning without any out-of-office time lost.
• No travel-related expenses or complications.
• The perfect way to train as many employees as you like.
• 100% Guarantee: If you are dissatisfied, you are entitled to a complete refund.

Product Options:

Audio Conference Formats Explained

• Audio Conference CD Only: $229.00 (includes S&H)

Length: 1 hour

Want an All-Access Monthly Audio Conference Pass? Click here for details.