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Mark Toth
Chief Legal Officer
North America

Halloween 2013
General Information
• Share the webinar
• Votes (polling questions)

• Rate (before you leave)
• Attachments (download)

H...
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with

Mark Toth
Chief Legal Officer
North America

Halloween 2013
Official Disclaimer
The presentation you are about to witness
should not be relied upon or construed as
legal advice.
Fail...
Tweet along:
#mpwebinar
Follow Mark on Twitter:
@manpowerblawg
Visit Mark‟s Blawg:
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Find us on Facebook:
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Today‟s webinar is
brought to you by

8
Reduce your terror level

What
Keeps YOU
Up at
Night?

9

Scary
???s
Answered

Twick
or
Tweet?

How to Get
Sued BIG
Now

L...
Keep the monsters away

10
What Keeps

11

YOU Awake at Night?
TOP 10 SCARIEST EMPLOYMENT LAW ISSUES
12

1. MEDICAL (22%)
2. TERMINATIONS (17%)
3. WAGE & HOUR (14%)
4. LITIGATION (12%)
...
Question

Is compliance with employment
laws getting scarier or easier?

Really very extremely easier

0%

Somewhat easier...
Question

Are you seeing an increase in
employment law claims?

Yes, substantial increase

2%

Yes, moderate increase

34%...
Question

Stress-O-Meter: On a scale of 1-10,
how stressed out are you right now?
(845 respondents)

1

Your
Stress
Level
...
What spooksyou
most about the
world of work
heading into
2014?
16
17
de-spook-ify
18
The

19

Answer
Scary

Q

20

ARRRRGGGGHHHHHHHHHHHHH!!!!!!
Everything is getting sooooooo
complicated. There‟s more regulation,
more enfor...
@manpowerblawg
If you had to boil all of
employment law down
to one word, what
would it be?

21
Scary

Q

22

HR is getting just too dang
hard. I think I need a new job.
You guys are the job-seeking
experts, right? Wha...
TOP 10 SCARIEST RESUMES
23

Experience: included time spent in jail for assaulting former boss
Objective: “To work for som...
24
Scary

Q

25

I‟m freaking out. Right now.
Seriously. I‟m stresssssed to the
MAX. My employees are, too. In
previous webin...
Poll

Q

Let‟s say you‟re taking a break at
work. Which of the following is
scientifically proven to boost
your mood and p...
Poll

A

Let‟s say you‟re taking a break at
work. Which of the following is
scientifically proven to boost
your mood and p...
5.6:1
vs.

0.36:1
28

Source: Harvard Business Review
Medical

29
Poll

Q

Which of the following has NOT
been recognized as a disability
under the ADA?
A. Fear of Getting Fired
B. Interne...
Poll

A

Which of the following has NOT
been recognized as a disability
under the ADA?
A. Fear of Getting Fired
B. Interne...
Scary

Q

32

My absolute #1 most terrifying
nightmare is figuring out what
to do when an employee has a
medical issue tha...
Sleep better: open the Tool Box

33
ADA / FMLA / WC:What‟s the Purpose?
ADA: prohibits discrimination against disabled individuals.

FMLA: provides leave to e...
ADA / FMLA / WC:Who‟s Eligible?
ADA: employees with a qualifying disability.

FMLA: employees who have worked 12 months + ...
ADA / FMLA / WC:What‟s Covered?
ADA: “disability” that substantially limits one or more
major life activities (or a histor...
ADA / FMLA / WC:What Leave?
ADA: reasonable accommodation but no undue hardship,
typically for a defined period and unpaid...
ADA / FMLA / WC: What About Reinstatement?
ADA: generally must keep position open during leave.

FMLA:generally reinstate ...
ADA / FMLA /WC: What About Light Duty?
ADA: not required to remove essential functions as
accommodation, but if offer LD j...
ADA / FMLA / WC: What About Penalties?
ADA: back pay, compensatory damages, punitive
damages + attorney fees.

FMLA:back p...
Scary

Q

41

An employee has been out on
medical leave for 11 months.
Our neutral (and, I believe,
fair) policy is to ter...
No (for 20 million reasons).

Un-scary

A

42
Scary

Q

43

My scariest scenario is employees
who abuse leave but I don‟t want
to make things scarier by doing
something...
Un-scary

A

Courts have ruled that extended
leave (e.g., 6 months) can be a
reasonable accommodation.
However, courts hav...
Scary

Q

45

After a lengthy battle over potential
accommodations, an employee is
demanding telecommuting as an
accommoda...
Yes.
Un-scary

A

46

Whether you‟ll win depends
on the particular circumstances,
like virtually all accommodations.
414.751.0126

If you could make only
one call, to whom
would it be?

47
ADA How NOTTo

Make snap
judgments

48

Don‟t
interact

Don‟t
consider
additional
leave

Don‟t
request
additional
medical ...
Discuss

Discuss

49

Discuss

Discuss
800.526.7234 jan.wvu.edu

50
Scary

Q

51 ManpowerGroup | Halloween 2012

I heard the EEOC has started
enforcing GINA. That frightens
me since I‟ve bas...
Poll

Q

Which of the following increases
your chances of getting sued
under GINA?
A. Asking about family medical history
...
Poll

A

Which of the following increases
your chances of getting sued
under GINA?
A. Asking about family medical history
...
Scary

Q

54 ManpowerGroup | Halloween 2012

The FMLA makes me
screamway more than any
other law. There are soooo
many rul...
Defeat FMLA-o-phobia

55 ManpowerGroup | Halloween 2012
Scary

Q

56 ManpowerGroup | Halloween 2012

It seems like every time I ask this
one employee to do something she
says, “O...
Maybe (sorry).

Un-scary

A

57 ManpowerGroup | Halloween 2012
Intermittent LeaveMade Un-scary
Incomplete
Certification

Contact
Provider

Recert or
2nd Opinion

3rd
Opinion

58 Manpowe...
Scary

Q

59 ManpowerGroup | Halloween 2012

It seems like everybody in my
workplace (except me) is on
drugs. What are the...
Drug Testing Made Un-scary

Objective,
not
subjective

Reasonable
suspicion

60 ManpowerGroup | Halloween 2012

Avoid
pres...
Drugs @ WorkMade Un-scary
“Currently engaging”? No
Recovering? Safe Harbor (unless “currently engaging”)
Prescribed meds? ...
Poll

Q

Bob is normally a responsible, quiet employee.
One day, however, he shows up two hours late and
acts “obscenely h...
Poll

A

Bob is normally a responsible, quiet employee.
One day, however, he shows up two hours late and
acts “obscenely h...
Termination

64
Scary

Q

65

Let‟s face it. The worst part of
any job is when you have to fire
someone (even if they deserve
it). Where c...
Tons of Termination Tools & Tips

66
FLSA

67
Scary

Q

68

Based on everything I hear,
wage and hour class actions
are the most terrifying lawsuits
on the planet. Coul...
FLSA Hot Spots
OT Classifications
Pre-shift “Work”
Independent contractor classifications
Work @ home
California, Californ...
FLSA Solutions
Know the Law
Trainmanagers &employees on time-keeping
Complaint system: investigate promptly
Auditclassific...
Scary

Q

71

I‟m living a nightmare.
We just discovered that we
have several positions that are
wrongly classified as exe...
• Use the Tool Box
Un-scary

A

• Study the Exemption Cheat Sheets
• Analyze without assumptions
• Reclassify immediately,...
Litigation

73
Poll

Q

Who wins more employment
lawsuits – employers
or employees?
A. Employers
B. Employees
C. Neither

74
Poll

A

Who wins more employment
lawsuits – employers
or employees?
A. Employers
B. Employees
C. Neither

75
50 - 50
76

Source: Jury Verdict Research
Scary

Q

77

I feel that we‟re conditioned
to be overly scared of litigating
a case through to the end,
even when we‟re i...
Which number is scarier?

$205,000

78

$80,285
@manpowerblawg

Who said it?

79
Scary

Q

80

Plaintiffs‟ lawyers SCARE me.
What sorts of things do they
look for in cases that make
them more likely to c...
What Plaintiffs‟ Lawyers Want You to Do
Lie
Discipline
inconsistently

Ignore
your
policies

Ignore
the law

81

Investiga...
@manpowerblawg

Honest Abe

82
Social Media Spookiness

83
Scary

Q

84

We use social media all
the time in HR to screen
candidates and gather dirt
for investigations. Nobody
in th...
Same Old Test
jobrelated

jobrelated

jobrelated
85
SM Searches
Be
Consistent
Designate
Searchers

Limit
Scope

86

• All candidates or certain categories/departments
• Same ...
SM Searches
Disclose

Document

87

• Notify candidates that may use SM
• Disclose on applications and other docs

• Consi...
Scary

Q

88

What social media do
employers use most to
find info on candidates
and/or employees?
Poll

Q

What social media do YOU
use most to find info on
candidates and/or employees?
A. Search Engines (Google, Bing, e...
SM Starter Kit

90
Scary

Q

91

I‟m a bottom-line kind of
person. What things are
most likely to result in big
verdicts against my
company r...
How To Get Sued BIG Now

92
Get Sued BIG Now
Don‟t Address Known Violations
Don‟t Address Systemic Issues
Don‟t Address Exec Misconduct

Don‟t Manage ...
How NOTTo Get Sued Big Now

94
visit marktoth.com

95
187% FREE Stuff

96
Open 24 / 7 / 365.25
World’s Most
Fabulous
Employment Law

LIBRARY

97
On the Blawg…
MOST
UN-ZOMBIE-LIKE
AUDIENCE MEMBER
CONTEST

98
Coming soon…
What‟s NEW
& What‟s NEXT
For Employment
Law in 2014

99
THANK YOU!

INSERT NEW ICON

100
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Answers to the World's Scariest Employment Law Questions

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Answers to the World's Scariest Employment Law Questions

  1. 1. with Mark Toth Chief Legal Officer North America Halloween 2013
  2. 2. General Information • Share the webinar • Votes (polling questions) • Rate (before you leave) • Attachments (download) Halloween 2013
  3. 3. Audio Problems? The audio for this event is streaming to your computer. If you can‟t hear through your computer speakers: US Dial-in Number: 1 877 465 4510 Passcode: 370 615 75# Halloween 2013
  4. 4. Earning HRCI Credit To receive 1 HRCI for this webinar, participants must attend the webinar in its entirety (one person per computer). Halloween 2013
  5. 5. with Mark Toth Chief Legal Officer North America Halloween 2013
  6. 6. Official Disclaimer The presentation you are about to witness should not be relied upon or construed as legal advice. Failure to stay awake for the entirety of this presentation could result in long-lasting side-effects, including litigation headaches, recurring nightmares and/or severe gastrointestinal discomfort from having to spend too much time with lawyers. Please consult with your own HR and Legal departments before making any major policy and/or procedure changes. You have been warned. 6
  7. 7. Tweet along: #mpwebinar Follow Mark on Twitter: @manpowerblawg Visit Mark‟s Blawg: marktoth.com Find us on Facebook: facebook.com/manpowerUS 7
  8. 8. Today‟s webinar is brought to you by 8
  9. 9. Reduce your terror level What Keeps YOU Up at Night? 9 Scary ???s Answered Twick or Tweet? How to Get Sued BIG Now Least Zombie-ish Contest
  10. 10. Keep the monsters away 10
  11. 11. What Keeps 11 YOU Awake at Night?
  12. 12. TOP 10 SCARIEST EMPLOYMENT LAW ISSUES 12 1. MEDICAL (22%) 2. TERMINATIONS (17%) 3. WAGE & HOUR (14%) 4. LITIGATION (12%) 5. HARASSMENT (10%) 6. INVESTIGATIONS (8%) 7. HIRING (7%) 8. UNIONS (4%) 9. IMMIGRATION (3%) 10. TECHNOLOGY (2%) Source: ManpowerGroup Employment Blawg
  13. 13. Question Is compliance with employment laws getting scarier or easier? Really very extremely easier 0% Somewhat easier 0% No change 14% Somewhat scarier Really very extremely scarier 13 Source: ManpowerGroup Employment Blawg 70% 16%
  14. 14. Question Are you seeing an increase in employment law claims? Yes, substantial increase 2% Yes, moderate increase 34% No change 62% No, moderate decrease No, substantial decrease 14 1% 0% Source: ManpowerGroup Employment Blawg
  15. 15. Question Stress-O-Meter: On a scale of 1-10, how stressed out are you right now? (845 respondents) 1 Your Stress Level 2 3 4 5 12 37 81 77 145 Perfectly at peace 15 Source: ManpowerGroup Employment Blawg 6 7 8 149 163 9 10 117 36 27 Absolutely terrified
  16. 16. What spooksyou most about the world of work heading into 2014? 16
  17. 17. 17
  18. 18. de-spook-ify 18
  19. 19. The 19 Answer
  20. 20. Scary Q 20 ARRRRGGGGHHHHHHHHHHHHH!!!!!! Everything is getting sooooooo complicated. There‟s more regulation, more enforcement, more penalties, more lawsuits, more work, more pressure, more MORE. The only thing we have less of is resources. Please please please help simplify things!
  21. 21. @manpowerblawg If you had to boil all of employment law down to one word, what would it be? 21
  22. 22. Scary Q 22 HR is getting just too dang hard. I think I need a new job. You guys are the job-seeking experts, right? What‟s the latest resume advice to help me really stand out from the crowd?
  23. 23. TOP 10 SCARIEST RESUMES 23 Experience: included time spent in jail for assaulting former boss Objective: “To work for someone who isn‟t an alcoholic with 3 DUIs like my current employer” Development: pictures of the candidate from baby photos to adulthood Title at Previous Employer: “Mr.” Management: online video-gaming experience leading warrior clans Languages: resume written entirely in Klingon “Skills”: creatively spelled “skelze” Paperless: music video featuring smooth dance moves instead of resume Source: CareerBuilder Anonymous: forgot to include name One sentence: “Hire me, I‟m awesome.”
  24. 24. 24
  25. 25. Scary Q 25 I‟m freaking out. Right now. Seriously. I‟m stresssssed to the MAX. My employees are, too. In previous webinars, you‟ve shared helpful stress-reduction tips since excess stress leads to claims and lawsuits. What‟s the latest on what I can do right now to help me and my peeps de-freak?
  26. 26. Poll Q Let‟s say you‟re taking a break at work. Which of the following is scientifically proven to boost your mood and productivity? A. Surfing the web B. Drinking coffee C. Taking a walk D. Praising a co-worker E. Listening to music 26
  27. 27. Poll A Let‟s say you‟re taking a break at work. Which of the following is scientifically proven to boost your mood and productivity? A. Surfing the web B. Drinking coffee C. Taking a walk D. Praising a co-worker E. Listening to music 27 Source: Harvard Business Review
  28. 28. 5.6:1 vs. 0.36:1 28 Source: Harvard Business Review
  29. 29. Medical 29
  30. 30. Poll Q Which of the following has NOT been recognized as a disability under the ADA? A. Fear of Getting Fired B. Internet Use Disorder C. Obesity D. Pregnancy E. Shy Bladder Syndrome 30
  31. 31. Poll A Which of the following has NOT been recognized as a disability under the ADA? A. Fear of Getting Fired B. Internet Use Disorder C. Obesity D. Pregnancy E. Shy Bladder Syndrome 31
  32. 32. Scary Q 32 My absolute #1 most terrifying nightmare is figuring out what to do when an employee has a medical issue that might be covered by the ADA, FMLA and WC. Could you please explain how they all fit together (or not) in 3 minutes or less?
  33. 33. Sleep better: open the Tool Box 33
  34. 34. ADA / FMLA / WC:What‟s the Purpose? ADA: prohibits discrimination against disabled individuals. FMLA: provides leave to employees. WC: provides compensation for work-related injuries. 34
  35. 35. ADA / FMLA / WC:Who‟s Eligible? ADA: employees with a qualifying disability. FMLA: employees who have worked 12 months + 1250 hours the previous 12 months within a 75-mile radius of at least 50 other employees. WC: employees who incur an illness/injury in the course and scope of employment. 35
  36. 36. ADA / FMLA / WC:What‟s Covered? ADA: “disability” that substantially limits one or more major life activities (or a history or perception of having such a disability). FMLA: “serious health condition” of employee or certain family + birth, adoption and foster care placement + certain types of military-related leave. WC: illness/injury in the course/scope of employment. 36
  37. 37. ADA / FMLA / WC:What Leave? ADA: reasonable accommodation but no undue hardship, typically for a defined period and unpaid unless similar leaves are paid. FMLA: unpaid up to 12 weeks/year for serious health conditions and up to 26 weeks/year for certain militaryrelated leave + may be intermittent. WC: depends on length of incapacity; some states prohibit terminating employees on WC leave. 37
  38. 38. ADA / FMLA / WC: What About Reinstatement? ADA: generally must keep position open during leave. FMLA:generally reinstate to same or substantially equivalent position. WC: generally no reinstatement rights but most states bar termination during leave + retaliation. 38
  39. 39. ADA / FMLA /WC: What About Light Duty? ADA: not required to remove essential functions as accommodation, but if offer LD jobs for WC may have to offer to disabled employees. FMLA: can‟t require LD. WC: typically can require LD if approved by physician. 39
  40. 40. ADA / FMLA / WC: What About Penalties? ADA: back pay, compensatory damages, punitive damages + attorney fees. FMLA:back pay, reinstatement, benefits + attorneys‟ fees. WC: back pay, compensatory damages + punitive damages. 40
  41. 41. Scary Q 41 An employee has been out on medical leave for 11 months. Our neutral (and, I believe, fair) policy is to terminate all employees who have been on leave for 12 consecutive months. If he doesn‟t return in a month, can we terminate him?
  42. 42. No (for 20 million reasons). Un-scary A 42
  43. 43. Scary Q 43 My scariest scenario is employees who abuse leave but I don‟t want to make things scarier by doing something illegal and getting sued. What‟s the deal when an employee asks for an extended leave? Can I deny it as an unreasonable accommodation?
  44. 44. Un-scary A Courts have ruled that extended leave (e.g., 6 months) can be a reasonable accommodation. However, courts have also semi-consistently ruled that indefinite leave is not reasonable. 44
  45. 45. Scary Q 45 After a lengthy battle over potential accommodations, an employee is demanding telecommuting as an accommodation. It seems unreasonable and rife with potential problems, especially since the employee is non-exempt. Can I get sued if I deny it?
  46. 46. Yes. Un-scary A 46 Whether you‟ll win depends on the particular circumstances, like virtually all accommodations.
  47. 47. 414.751.0126 If you could make only one call, to whom would it be? 47
  48. 48. ADA How NOTTo Make snap judgments 48 Don‟t interact Don‟t consider additional leave Don‟t request additional medical info Memorialize discrimination in writing
  49. 49. Discuss Discuss 49 Discuss Discuss
  50. 50. 800.526.7234 jan.wvu.edu 50
  51. 51. Scary Q 51 ManpowerGroup | Halloween 2012 I heard the EEOC has started enforcing GINA. That frightens me since I‟ve basically ignored it since it was passed. What are the main things I need to know about GINA to stay out of trouble?
  52. 52. Poll Q Which of the following increases your chances of getting sued under GINA? A. Asking about family medical history B. Commingling medical and other info C. Terminating an employee after a positive genetic test D. Discriminating against employees named Gina E. All of the above except “D” 52 ManpowerGroup | Halloween 2012
  53. 53. Poll A Which of the following increases your chances of getting sued under GINA? A. Asking about family medical history B. Commingling medical and other info C. Terminating an employee after a positive genetic test D. Discriminating against employees named Gina E. All of the above except “D” 53 ManpowerGroup | Halloween 2012
  54. 54. Scary Q 54 ManpowerGroup | Halloween 2012 The FMLA makes me screamway more than any other law. There are soooo many rules and soooo much paperwork. I want to do the right thing but I usually have no clue what that is. What resources can you recommend to simplify it?
  55. 55. Defeat FMLA-o-phobia 55 ManpowerGroup | Halloween 2012
  56. 56. Scary Q 56 ManpowerGroup | Halloween 2012 It seems like every time I ask this one employee to do something she says, “Oooh, not today sweetie, I have a migraine.” Her doctor says her condition does indeed cause periodic migraines but hasn‟t specified the exact frequency or duration and it‟s driving me crazy. Do I have to let her take intermittent FMLA leave? Please say “no.”
  57. 57. Maybe (sorry). Un-scary A 57 ManpowerGroup | Halloween 2012
  58. 58. Intermittent LeaveMade Un-scary Incomplete Certification Contact Provider Recert or 2nd Opinion 3rd Opinion 58 ManpowerGroup | Halloween 2012 Notice 7 days to cure Clarify/authenticate HR, not supervisor Recert from original provider OR Employer-paid 2nd opinion If conflict Final & binding
  59. 59. Scary Q 59 ManpowerGroup | Halloween 2012 It seems like everybody in my workplace (except me) is on drugs. What are the rules? When is it OK to drug test? Are there special rules for prescription drugs? What if someone is a certified alcoholic or addict? Help!!!
  60. 60. Drug Testing Made Un-scary Objective, not subjective Reasonable suspicion 60 ManpowerGroup | Halloween 2012 Avoid prescription bans Confidential Medical Review Officer
  61. 61. Drugs @ WorkMade Un-scary “Currently engaging”? No Recovering? Safe Harbor (unless “currently engaging”) Prescribed meds? Probably (unless direct threat) UI?No (other than legally prescribed meds) 61 ManpowerGroup | Halloween 2012
  62. 62. Poll Q Bob is normally a responsible, quiet employee. One day, however, he shows up two hours late and acts “obscenely happy, wearing make-up, avoiding eye contact, continuously rubbing his legs and touching everyone.” He also does a “crazy monkey arm dance” and begins “twirling and talking gibberish, flying around in the office in a hyper state.” Then he leaves. What do you do? A. B. Do a crazy monkey-arm dance in his honor until he returns C. Drug test him D. 62 ManpowerGroup | Halloween 2012 Fire him for inappropriate workplace behavior Give him a chance to explain his behavior
  63. 63. Poll A Bob is normally a responsible, quiet employee. One day, however, he shows up two hours late and acts “obscenely happy, wearing make-up, avoiding eye contact, continuously rubbing his legs and touching everyone.” He also does a “crazy monkey arm dance” and begins “twirling and talking gibberish, flying around in the office in a hyper state.” Then he leaves. What do you do? A. B. Do a crazy monkey-arm dance in his honor until he returns C. Drug test him D. 63 ManpowerGroup | Halloween 2012 Fire him for inappropriate workplace behavior Give him a chance to explain his behavior
  64. 64. Termination 64
  65. 65. Scary Q 65 Let‟s face it. The worst part of any job is when you have to fire someone (even if they deserve it). Where can I find a set of straightforward (i.e., legalese-free) tools to help ensure that my organization‟s terminations are as fair, consistent, supportable and humane as possible?
  66. 66. Tons of Termination Tools & Tips 66
  67. 67. FLSA 67
  68. 68. Scary Q 68 Based on everything I hear, wage and hour class actions are the most terrifying lawsuits on the planet. Could you please identify the 5 biggest FLSA violations people are suing over and while you‟re at it the 5 things we can do right now to avoid getting sued for them?
  69. 69. FLSA Hot Spots OT Classifications Pre-shift “Work” Independent contractor classifications Work @ home California, California, California 69
  70. 70. FLSA Solutions Know the Law Trainmanagers &employees on time-keeping Complaint system: investigate promptly Auditclassifications and records Address any discrepancies immediately 70
  71. 71. Scary Q 71 I‟m living a nightmare. We just discovered that we have several positions that are wrongly classified as exempt. What should we do? Seems like we‟re danged if we change „em and danged if we don‟t – legally speaking. Help!
  72. 72. • Use the Tool Box Un-scary A • Study the Exemption Cheat Sheets • Analyze without assumptions • Reclassify immediately, if appropriate • Determine potential back pay • Notify employees (carefully) • Beware willful violation penalties 72
  73. 73. Litigation 73
  74. 74. Poll Q Who wins more employment lawsuits – employers or employees? A. Employers B. Employees C. Neither 74
  75. 75. Poll A Who wins more employment lawsuits – employers or employees? A. Employers B. Employees C. Neither 75
  76. 76. 50 - 50 76 Source: Jury Verdict Research
  77. 77. Scary Q 77 I feel that we‟re conditioned to be overly scared of litigating a case through to the end, even when we‟re in the right. Management is just too chicken to ever fight anything (in my humble opinion). What do the latest facts and figures say about litigating versus settling?
  78. 78. Which number is scarier? $205,000 78 $80,285
  79. 79. @manpowerblawg Who said it? 79
  80. 80. Scary Q 80 Plaintiffs‟ lawyers SCARE me. What sorts of things do they look for in cases that make them more likely to come after an employer?
  81. 81. What Plaintiffs‟ Lawyers Want You to Do Lie Discipline inconsistently Ignore your policies Ignore the law 81 Investigate + document poorly
  82. 82. @manpowerblawg Honest Abe 82
  83. 83. Social Media Spookiness 83
  84. 84. Scary Q 84 We use social media all the time in HR to screen candidates and gather dirt for investigations. Nobody in the entire department knows the rules – we‟ve never had a lick of training. What exactly are the rules?
  85. 85. Same Old Test jobrelated jobrelated jobrelated 85
  86. 86. SM Searches Be Consistent Designate Searchers Limit Scope 86 • All candidates or certain categories/departments • Same phase of interview process • One employee, small group or 3rd party • Not hiring manager • • • • Restrict to certain approved sites No posing, lying, fraud or demanding passwords No age, race, religion or other protected info Job-related, job-related, job-related
  87. 87. SM Searches Disclose Document 87 • Notify candidates that may use SM • Disclose on applications and other docs • Consistent process • Note legit biz job-related reasons • Follow doc retention policies
  88. 88. Scary Q 88 What social media do employers use most to find info on candidates and/or employees?
  89. 89. Poll Q What social media do YOU use most to find info on candidates and/or employees? A. Search Engines (Google, Bing, etc.) B. Facebook C. Twitter D. Ratings Sites (Glassdoor, Yelp, etc.) E. Nothing 89
  90. 90. SM Starter Kit 90
  91. 91. Scary Q 91 I‟m a bottom-line kind of person. What things are most likely to result in big verdicts against my company right now?
  92. 92. How To Get Sued BIG Now 92
  93. 93. Get Sued BIG Now Don‟t Address Known Violations Don‟t Address Systemic Issues Don‟t Address Exec Misconduct Don‟t Manage Medical Leave With Good Intent Don‟t Settle When You Should Settle Don‟t Use Technology Wisely Don‟t Open the Tool Box Don‟t LOVE your employees 93
  94. 94. How NOTTo Get Sued Big Now 94
  95. 95. visit marktoth.com 95
  96. 96. 187% FREE Stuff 96
  97. 97. Open 24 / 7 / 365.25 World’s Most Fabulous Employment Law LIBRARY 97
  98. 98. On the Blawg… MOST UN-ZOMBIE-LIKE AUDIENCE MEMBER CONTEST 98
  99. 99. Coming soon… What‟s NEW & What‟s NEXT For Employment Law in 2014 99
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  101. 101. Did you watch this webinar as a recording? Please request your certificate at www.manpowergroup.us/requesthrci Photo credits: Shutterstock 101

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