Title Line 1 Title Line 2 Attorney Name Michigan Works! Annual Conference October 13, :15-10:45 am Soaring Eagle Casino & Resort Conference Center

2 Micro – Skills: Ten in HR Lessons Learned From the Courtroom October 13, :15 – 10:45 am Presented By: Jeffrey J. Fraser

3 The materials and information have been prepared for informational purposes only. This is not legal advice, nor intended to create or constitute a lawyer-client relationship. Before acting on the basis of any information or material, readers who have specific questions or problems should consult their lawyer.

4 Lesson 1  You never want to be in Court on an employment matter

5 Employment Litigation  Juries are unpredictable  An employer sued by a former employee can expect to spend $50,000 to more than $200,000 to defend the case  A successful plaintiff in an employment litigation case can receive back pay, lost benefits, reinstatement or front pay, emotional distress damages, punitive damages, and his or her attorney fees paid by the defendant

6 Lesson 2  Disability management matters will be the most likely reason you end up in Court on an employment matter

7  Learn how to manage disability matters -ADA -FMLA -Workers’ Compensation -Policies & Procedures

8 Lesson 3  Never terminate an employee because he / she is “at-will”

9 I do not need to tell any at-will employee that I supervise why I am terminating him/her.  Legal Answer:T/F  Practical Answer:T/F QUIZ

10 Protected Characteristics  race  color  genetic characteristics  religion  national origin  age  veteran status  sex  disability  MICHIGAN STATE LAW ONLY:  weight  height  marital status

11 Lesson 4  Train your  Supervisors  Managers  Executives  & your work force

12 Train Your Supervisors  Many employment lawsuits are based on supervisors’ actions (or inaction)  Harassment training  FMLA training  Discipline and documentation training  Effective performance reviews

13 Lesson 5  Fix or Fire your “two-percentors”

14 Lesson 6  Don’t ever terminate an employee during the heat of the moment

15 Lesson 7  Document / Document / Document

16 & Be Consistent  Good documentation is single-best defense in employment litigation  Good documentation might actually prevent employment litigation  Enforce employment policies consistently and fairly  Issue the same discipline for the same misconduct Document! Document! Document!

17 Lesson 8  Take “Talking Point” script to every significant discipline

18 Lesson 9  Update your Employment Application and Handbook

19 Update Employment Application  Six months to file a claim  False or omitted information grounds for rejection of application or termination of employment  Don’t ask for information that may not be considered

20 Update Employee Handbook  Non-discrimination Policy  “At-will” language  Harassment Policy  FMLA policy (if 50 or more employees)  Work Rules  Social Media policy

21 Lesson 10  Use a Release of Claims

22 Use Release of Claims  A properly drafted Release is a complete defense to an employee’s lawsuit against his or her employer  Never, ever provide severance pay or benefits without obtaining a Release from the employee  Special requirements for (i) employees age 40 and older and (ii) group terminations

23 Questions?

Jeffrey J. Fraser Phone: Calder Plaza Building 250 Monroe Ave. NW, Suite 800 Grand Rapids, MI Radisson Plaza Hotel & Suites 100 West Michigan Avenue, Suite 200 Kalamazoo, MI