Gain the tips and strategies you’ll need when deciding on an employee’s termination.
Firing employees is an unfortunate part of running a business. Terminations are as risky as they are essential, however. Employees upset at being terminated may respond with litigation rather than accept their own failings. No one can completely prevent lawsuits, but smart managers can minimize the risk of being sued and help their lawyers win the lawsuits they cannot avoid.This program will explain how to build a file that supports the decision to terminate. Attendees will learn the importance of documenting problematic behaviors, but also of looking behind the documentation to ensure it is not a pretext for discrimination by other employees. They will also learn how to orchestrate the actual termination, including who should attend the termination, who should be advised before the termination is delivered, and what should be said in the termination meeting. Finally, the program will explore post-termination pitfalls like requests for references that can lead to legal claims.
Learning Objectives
- You will be able to You will understand how to minimize the risks of legal claims after termination.
- You will be able to recognize circumstances that could lead to lawsuits for discrimination and retaliation.
- You will be able to explain best practices for building a case to terminate an employee and executing the termination in the most efficient manner.
- You will be able to plan for post-termination issues.
Agenda
Whom Can You Fire?- At-Will Employment Doctrine
- Public Employment vs. Private Employment
- Offer Letter vs. Employment Contract
- Exclusions
- Documentation
- Ensuring the Source Is Reliable
- Comparing the Conduct to the Applicable Policies
- Preparation for the Meeting
- Conducting the Meeting - Location, Attendance, Content
- Second Thoughts, New Information, Retaliation Claims
- Separation Agreements
- Severance Pay
- Releases and Waivers
- References
Speaker(s)
D. Wes SullengerSullenger Law Office, PLLC
- Managing member of Sullenger Law Office, PLLC
- Represents both employers and employees in all manner of employment disputes involving illegal discrimination, harassment, wage and hour violations, non-competition agreements, wrongful termination, retaliation, workplace policies and handbooks, contract matters, and civil rights violations throughout Kentucky, Tennessee, and Illinois, where he is licensed
- He began his career in Nashville, Tennessee where he represented employers of all sizes in employment and commercial litigation
- In 2005, he left private practice to spend some time in academia, publishing several articles in the area of First Amendment law and employment law but, ultimately, in 2007, he opened the Sullenger Law Office, PLLC in his hometown of Paducah, Kentucky
- Regularly presents seminars relating to the Americans with Disabilities Act, illegal discrimination, and valuation and mediation of employment matters
- Has published several articles relating to his practice including ‘Silencing the Blogosphere: A First Amendment Caution to Legislators Considering Using Internet Blogs to Communicate Directly With Constituents,’ 14 Professional Journal 20 (Fall 2007) (American Society of Legislative Clerks & Secretaries – National Conference of State Legislatures); ‘The Pitfalls of Prescription Drugs: What To Do When You Think An Employee Is Addicted,’ An Address to the Four Rivers Society for Human Resource Management (Paducah, KY Sept. 25, 2007), ‘Silencing the Blogosphere: A First Amendment Caution to Legislators Considering Using Internet Blogs to Communicate Directly With Constituents’ Richmond Journal of Law and Technology, 13 Rich. J.L. & Tech. 15 (2007); ‘Burning the Flag: A Conservative Defense of Radical Speech and Why It Matters Now,’ University of Louisville Brandeis Law Journal, 43 Brandeis L.J. 597 (Summer 2005); ‘Only We Can Save You: Why and When Non-Consumer Businesses Have Standing to Sue Business Competitors Under The Tennessee Consumer Protection Act,’ University of Memphis Law Review, 35 U. Mem. L. Rev. 485 (Spring 2005) and ‘Unbiased Investigations Essential to Alleged Employee Wrongdoing,’ Business Insider (Tennessee Chamber of Commerce and Industry) (November 2004) Co-author with R. Eddie Wayland, Esq.
- J.D. Degree, with high honors, Chicago-Kent College of Law; B.A. Degree in history, summa cum laude, University of Louisville
