Stephen Stern, Esq. devotes a significant portion of his practice to representing businesses in employment related matters, both as an advisor and litigator. He regularly advises companies on strategic matters involving employment policies, procedures, and practices, such as trade secret protection programs, wage/hour practices, bonus and other compensation programs, social media risks, and independent contractor relationships. He also regularly helps businesses manage individual circumstances that arise on a day to day basis, such as employment terminations, separation agreements, employment agreements, leave requests, employee discipline, requests for reasonable accommodations, and investigations. With respect to adversarial matters, Mr. Stern has defended employers against claims involving Title VII, ADEA, ADA, FMLA, SOX, FLSA, NDAA, IRCA, and other similar federal and state statutes, as well as various torts. Mr. Stern has appeared before the EEOC, DOL, and comparable state and local government agencies, as well as the United States Department of Justice. In addition, Mr. Stern has litigated employment claims in federal and state courts, as well as arbitration, in multiple jurisdictions. While Mr. Stern primarily represents businesses in employment matters, he occasionally represents individuals as well.
Critical Considerations When Terminating an Employee and Drafting Provisions in Separation Agreements
CLE Credits earned: 2 GENERAL (or 2 LAW & LEGAL for WA state)
Terminating an employee from employment can lead to potential liability if done incorrectly. When a company makes the decision to terminate an employee’s employment, there are a number of issues that should be considered when going through the decision-making process and, once the decision is made, communicating the termination. For example, when determining whether to terminate an employee’s employment, a company should consider whether the termination exposes the company to a potential claim of discrimination and/or retaliation. When making that determination, it is important to consider the facts and circumstances that led the company to reach the conclusion to end the employment relationship, including the quantity and quality of documentation. In addition, when the decision is made, regardless of whether there is the potential for a viable claim, many companies consider offering a form of severance in return for a release of claims. What types of provisions should be included in a separation agreement? There are numerous options, many of which raise their own legal implications. This presentation will give attorneys guidance on many considerations, including the provisions of separation agreements, when advising companies on employment terminations.
Key topics to be discussed:
• Decision-making process for termination
• Reviewing documentation
• How to properly communicate termination
• Offering severance
• Drafting Separation Agreements
• Key provisions
Date / Time: December 6, 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
Choose a format:
• 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.
myLawCLE seeks accreditation for all programs in all states. (Accreditation for paralegals sought thru NALA and NFPA paralegal associations.) Each attending attorney/paralegal will receive a certificate of completion following the close of the CLE program as proof of attendance. In required states, myLawCLE records attorney/paralegals attendance, in all other states attorney/paralegal is provided with the approved CLE certificate to submit to their state bar or governing association.
- Automatic MCLE Approvals
All myLawCLE CLE programs are accredited automatically either directly or via reciprocity in the following states: AK, AR, CA, CT, FL, HI, ME, MO, MT, ND, NH, NM, NJ, NY, WV, and VT. (AZ does not approve CLE programs, but accepts our certificates for CLE credit.)
- Live Video Broadcasts
Live video broadcasts are new live CLE programs being streamed and recorded for the first time. All of these programs qualify for “Live” CLE credit in all states except NV, OH, MS, IN, UT, PA, GA, SC, and LA —these states require in-person attendance to qualify for “Live” CLE credit.
- “Live” Re-Broadcasts
“Live” Re-broadcasts are replays of previous recorded CLE programs, set on a specific date and time and where the original presenting speakers calls in live at the end of the event to answer questions. This “live” element allows for “live” Re-broadcast CLEs to qualify for “Live” CLE credits in most states. [The following states DO NOT allow for “live” CLE credits on re-broadcast CLEs: NV, OH, MS, IN, UT, PA, GA, SC, and LA]
Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, HI, CT, FL, ME, MO, MT, ND, NH, NM, VT, NJ, NY, and WV. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.