Program Details
2026-09-25 14:30:00
Over 1,000+ webinars
Course Overview
2026-09-25 14:30:00
2h CLE Credits
Intermediate
2
2:30 pm - 3:30 pm ESTInvestigating suspected FMLA and leave abuse requires careful judgment, disciplined documentation, and a clear understanding of the legal risks involved. Because questioning or investigating protected leave can expose employers to serious interference, retaliation, and discrimination claims, employers must be able to distinguish legitimate concerns from assumptions, frustration, or inconsistent application of policy.
This session will address best practices for determining when an FMLA or leave abuse investigation is warranted, how to structure and conduct an investigation without undermining protected rights, and how to evaluate evidence before taking action. Attendees will also learn key considerations employers should assess before making a termination decision or imposing other personnel-related consequences, including documentation, consistency, timing, decision-maker involvement, and risk mitigation strategies.
Lisa C. HamasakiNivritha C. Ketty 3:40 pm - 4:40 pm ESTPost-leave termination decisions continue to present significant litigation risk for employers, particularly as courts refine the standards governing retaliation, causation, and employer decision-making following protected leave. This session will examine the evolving litigation landscape for employers defending post-leave terminations, with a focus on the impact of recent court decisions and emerging legal theories that may affect how these cases are evaluated and defended.
The discussion will include analysis of the Sixth Circuit’s honest-belief ruling in Porter v. Jackson Township Highway Department, discussion of recent leave related verdicts (including the $4.7 million PFMLA retaliation verdict in Boyle v. Wayfair), and issues including the trend toward state-level presumption regimes, and the continuing circuit split over the standard of proof for retaliation claims. Against this developing legal backdrop, the speakers will provide practical guidance on best practices for deciding upon, evaluating, and documenting termination decisions involving employees who have recently taken protected leave, as well as guidance related to defending against such claims in litigation and otherwise. The goal is to provide attorneys with a practical framework for assessing risk and strengthening the defensibility of personnel decisions both before they are made and after the case is filed.
Lisa C. HamasakiNivritha C. KettyLisa C. Hamasaki is a Partner in the San Francisco office of Nukk-Freeman & Cerra, P.C., where she represents employers across California in labor and employment matters. Over a career of more than 25 years, she has counseled companies on California and federal employment law and defended them in state and federal courts, in arbitration, and before administrative agencies. Before joining the firm, she spent more than five years leading her prior firm’s San Francisco office as its Managing Shareholder while maintaining an active employment law practice.
Nivritha (“Nivi”) C. Ketty is a Partner at Nukk-Freeman & Cerra, P.C., bringing both law firm and in-house experience in employment law for clients across a range of industries. Before joining the firm, she served as Associate General Counsel, Employment Law at University Hospital in Newark, New Jersey, where she advised on compliance with employment and labor laws including the FMLA, ADA, FLSA, and USERRA, supervised workplace investigations and outside litigation counsel, and represented her employer before state and federal regulatory agencies.
Lisa C. Hamasaki is a Partner in the San Francisco office of Nukk-Freeman & Cerra, P.C., where she represents employers across California in labor and employment matters. Over a career of more than 25 years, she has counseled companies on California and federal employment law and defended them in state and federal courts, in arbitration, and before administrative agencies. Before joining the firm, she spent more than five years leading her prior firm’s San Francisco office as its Managing Shareholder while maintaining an active employment law practice.
Nivritha (“Nivi”) C. Ketty is a Partner at Nukk-Freeman & Cerra, P.C., bringing both law firm and in-house experience in employment law for clients across a range of industries. Before joining the firm, she served as Associate General Counsel, Employment Law at University Hospital in Newark, New Jersey, where she advised on compliance with employment and labor laws including the FMLA, ADA, FLSA, and USERRA, supervised workplace investigations and outside litigation counsel, and represented her employer before state and federal regulatory agencies.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
Formats
