Program Summary:

A. Downsizing, Layoffs and RIFs -- Employment Issues to Consider in a Down Economy - Presented by Fran Barnwell

Practical Considerations in Managing Reductions in Force to Limit Legal Liability.

*Guidelines for reducing liability during workforce reductions
*Defensible selection criteria -- assessing and avoiding adverse impact
*The Older Worker's Benefits Protection Act ("OWBPA")--Are your releases enforceable?
*Voluntary Separation Programs--What are they and how can they help?
*WARN Act compliance
*Managing employees during a downturn; considering alternatives to layoffs; and auditing human resources procedures to avoid wage and hour and discrimination complaints.

Learning Objectives:
Participants will learn the primary legal risks employers face during a reduction in force and practical steps to minimize legal liability; what alternatives may exist to avoid future layoffs, what managers should do to support employees remaining after a reduction in force; and how to comply with new employer obligations imposed by the American Recovery and Investment Act.


B. Recent Legislative and Judicial Developments in Labor, Employment and Benefits Law - Presented by Dave Riewald and Fran Barnwell

Topical highlights include the Employee Free Choice Act, ADA amendments, Employment-related impact of the American Recovery and Reinvestment Act of 2009 (i.e. stimulus legislation), including overview of COBRA subsidy and whistleblower provisions, and developments in the law of religious discrimination and reasonable accommodiation (subject to change).


C. Best Practices to Follow When Firing an Employee for Misconduct so You Don't Get Sued - Presented by Dave Riewald

*Checklist of procedures to use to minimize legal risk
*When and how to inform the employee
*Should you ask the employee to sign a release?

Learning Objectives:
Participants will learn the best methods for handling a discharge for misconduct that minimize legal and workplace risks and maximize the opportunity for an uncomplicated separation with minimal impact on the workforce.


D. Use of Arbitration and Non-Compete Agreements in Employment--Current State of the Law - Presented by Dave Riewald and Fran Barnwell

*Mandatory arbitration agreements--Are they enforceable? Are they worth it? Do any special rules apply?
*Non-Compete agreements--Are they enforceable? When should I use one? Do any special rules apply?

Learning Objectives:
Participants will learn the fundamentals of mandatory arbitration of employment claims and when and how to use non-compete agreements to protect proprietary and/or confidential information and trade secrets.