Questions to Ask When Establishing Cause for Disciplining & Terminating Employees


CLE Credits earned: 2 GENERAL (or 2 LAW & LEGAL for WA state)

Are you prepared when a client calls with a discipline or termination question? Do you have a process that you use to respond to their questions or do you “wing it”? In this session, participants will review the questions that they must consider when a client has a discipline or termination issue. Attendees will review the common laws that are involved in considering whether to terminate an employee (Family and Medical Leave Act, Title VII, Americans with Disabilities Act, National Labor Relations Act) and upcoming changes involving these laws. Finally, participants will review strategies and approaches that they can use to handle discipline and termination issues.

Key topics to be discussed:

•   Know Your Client
•   Basic Questions to Ask
•   Family and Medical Leave Act
•   Title VII
•   Americans with Disabilities Act
•   National Labor Relations Act
•   Whistleblowing
•   Reporting unsafe working conditions
•   Employees filing for workers’ compensation

Date / Time: March 21, 2019

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific

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•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

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Original Broadcast Date: October 16, 2018

Brett Holubeck, Esq. is an attorney with Cruickshank & Alaniz who defends employers in labor and employment law matters. He regularly supports clients facing investigations concerning wage and hour, discrimination, retaliation, and harassment charges by government agencies including the Equal Employment Opportunity Commission (“EEOC”) and the Department of Labor (“DOL”). As the son of a small business owner, Brett understands the importance of preventing trouble before it hits and working with employees to resolve workplace incidents. Brett also blogs on labor, employment, and immigration matters at

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Section I. Know Your Client
a) Client preferences
b) Risk tolerance
c) Acceptable behavior in the client’s workforce and industry

Section II. Basic Questions to Ask
a) Did the employee know the policy?
b) How many times has the employee violated the policy and other policies?
c) Has progressive discipline been applied?
d) Have you documented the violation and prior violations? Was the corrective action documented?
e) What level of discipline should be applied based on the employer’s policy?
f) What level of discipline have other employees that have violated the policy received?
g) Are there any circumstances that mitigate the level of discipline that should be applied?

Section III. Special Cases
a) FMLA issues
        i. How to evaluate FMLA concerns
        ii. Common FMLA issues
b) Title VII
        i. Common Title VII concerns
        ii. Avoiding retaliation claims
        iii. Disparate treatment
c) Americans With Disabilities Act
        i. The interactive process
        ii. Essential functions
d) National Labor Relations Act
        i. Union campaigns
        ii. C¬¬oncerted protected activity
e) Other Considerations
        i. Whistleblowing
        ii. Reporting unsafe working conditions
        iii. Employees filing for workers’ compensation