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Chief Legal Officer – North AmericaJuly 25, 2012
Employment Law Talk Show General Information •Share the webinar •Ask a question •Votes (polling questions) •Rate (before y...
Employment Law Talk Show               Having Audio Problems?               The audio for this event is streaming to your ...
Employment Law Talk Show               Earning HRCI Credit               To receive 1 HRCI for this Webinar, participants...
Employment Law Talk Show                         Meet our PresentersManpowerGroup | July 25, 2012                         ...
Employment Law Talk Show                      Official Disclaimer                      The presentation you are about to w...
Employment Law Talk Show               Tweet along: #mpwebinar               Follow Mark on Twitter:               @manpow...
Chief Legal Officer – North AmericaJuly 25, 2012
Employment Law Talk Show                                        Today‟s                                        SHOW       ...
Employment Law Talk Show                          What YOU                     Want Us To Talk AboutManpowerGroup | July 2...
Employment Law Talk Show             Today‟s Webinar                Designer:                                YOUManpowerGr...
Employment Law Talk ShowManpowerGroup | July 25, 2012   Source: ManpowerGroup Employment Blawg                12
Employment Law Talk Show   What concerns you    most about the    world of work?ManpowerGroup | July 25, 2012             ...
Employment Law Talk Show        Employment                            333           Law                               mill...
Employment Law Talk Show                  Make it simple.ManpowerGroup | July 25, 2012                              1515
Employment Law Talk Show                        How to Prevent                     and Manage LitigationManpowerGroup | Ju...
Employment Law Talk ShowPoll Question                   What do businesses identify                                as thei...
Employment Law Talk ShowPoll Question                   What do businesses identify                                as thei...
Employment Law Talk ShowManpowerGroup | July 25, 2012   Source: ManpowerGroup                         19
Employment Law Talk ShowTextorama                       What‟s the #1 most common                                claim fil...
Employment Law Talk Show                                1. Love your employeesTop 11                          2. Know the ...
Employment Law Talk ShowManpowerGroup | July 25, 2012   Source: ManpowerGroup                         22
Employment Law Talk ShowPoll Question                   What are an employer‟s odds                                of winn...
Employment Law Talk ShowPoll Question                   What are an employer‟s odds                                of winn...
Employment Law Talk ShowHow MuchWill YOU Pay?                                                                 39%         ...
Employment Law Talk Show            How to Investigate        Without Getting InvestigatedManpowerGroup | July 25, 2012   ...
Employment Law Talk ShowPoll Question                   What hit record highs last year?                                A....
Employment Law Talk ShowPoll Question                   What hit record highs last year?                                A....
Employment Law Talk ShowPrepare                         Plan the investigation strategy                                Rev...
Employment Law Talk ShowInvestigate                     Interview the complaining employee first                          ...
Employment Law Talk ShowInvestigate                     Interview the accused                                Gather potent...
Employment Law Talk Show                           How to Fire                       Without Getting FiredManpowerGroup | ...
Employment Law Talk ShowTop 11                          1. Not firing someone who should be fired                         ...
Employment Law Talk ShowTermination                     •   Employee HandbookChecklist                       •   Employmen...
Employment Law Talk ShowTermination Test  Notice: Reasonable notice of     Proof: Sufficient evidence that  consequences? ...
Employment Law Talk ShowTermination Meeting  Who? Manager, HR. No third  parties (except union rep).  Security? Outplaceme...
Employment Law Talk Show            How to Keep Social Media             From Ruining Your LifeManpowerGroup | July 25, 20...
Employment Law Talk ShowQuarterly                       Do you currently use a                                social media...
Employment Law Talk ShowQuarterly                       What social media tool                                do you use m...
Employment Law Talk Showsocial                                            startermedia                                    ...
Employment Law Talk ShowSocial Media                    • Summary of the lawStarter Kit                     • NLRB-approve...
Employment Law Talk Show                                The BIG PictureManpowerGroup | July 25, 2012                      ...
Employment Law Talk Show                                           How To             GET SUED BIG NOW          Terminate ...
Employment Law Talk ShowTweetorama                      If you had to boil all of                                employmen...
Employment Law Talk ShowManpowerGroup | July 25, 2012   Source: ManpowerGroup                45
Employment Law Talk ShowWe are                              • 80% of jobs are sedentaryStressssssed                       ...
Employment Law Talk ShowMore Stress =                   The Bottom Line:More Suits                      $200-$300B is lost...
Love.
Employment Law Talk Show                                The Employment Law                                SING-A-LONGManpo...
Employment Law Talk Show                                Employment law can be easy                                If you l...
Employment Law Talk Show                                Don‟t put things off „til tomorrow                                ...
Employment Law Talk Show                                Remember this song                                And you‟ll never...
Employment Law Talk Show                                Terminations they sure can be scary                               ...
Employment Law Talk Show   54                                If your brain‟s too full to remember                         ...
Employment Law Talk Show                                Remember this song                                And you‟ll never...
Employment Law Talk Show                                More on the BlawgManpowerGroup | July 25, 2012                    ...
manpowergroupblogs.us
Employment Law Talk Show                                Coming soon …    Answers to the World’s Scariest     Employment La...
Employment Law Talk ShowManpowerGroup | July 25, 2012                              59
Did you watch this webinar as a recording?Please request your certificate atwww.manpowergroup.us/requesthrciJuly 25, 2012
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Employment Law Talk Show

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Employment Law Talk Show

  1. 1. Chief Legal Officer – North AmericaJuly 25, 2012
  2. 2. Employment Law Talk Show General Information •Share the webinar •Ask a question •Votes (polling questions) •Rate (before you leave) •Attachments (download today‟s presentation)ManpowerGroup | July 25, 2012 2
  3. 3. Employment Law Talk Show Having 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: 1 877 299 4502 Passcode: 776 077 86#ManpowerGroup | July 25, 2012 3
  4. 4. Employment Law Talk Show Earning HRCI Credit To receive 1 HRCI for this Webinar, participants must: −Attend the Webinar for in it‟s entirety (one person per computer)ManpowerGroup | July 25, 2012 4
  5. 5. Employment Law Talk Show Meet our PresentersManpowerGroup | July 25, 2012 5
  6. 6. Employment Law Talk Show 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 remainder of this presentation could result in potentially 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/or Legal departments before making any major policy and/or procedure changes. You have been warned.ManpowerGroup | July 25, 2012 6
  7. 7. Employment Law Talk Show Tweet along: #mpwebinar Follow Mark on Twitter: @manpowerblawg Find us on Facebook: facebook.com/manpowerUSManpowerGroup | July 25, 2012 7
  8. 8. Chief Legal Officer – North AmericaJuly 25, 2012
  9. 9. Employment Law Talk Show Today‟s SHOW What YOU Want Us To Talk About How to Prevent and Manage Litigation How to Investigate Without Getting Investigated How to Fire Without Getting Fired How to Keep Social Media From Ruining Your Life The BIG PictureManpowerGroup | July 25, 2012 9
  10. 10. Employment Law Talk Show What YOU Want Us To Talk AboutManpowerGroup | July 25, 2012 10
  11. 11. Employment Law Talk Show Today‟s Webinar Designer: YOUManpowerGroup | July 25, 2012 1111
  12. 12. Employment Law Talk ShowManpowerGroup | July 25, 2012 Source: ManpowerGroup Employment Blawg 12
  13. 13. Employment Law Talk Show What concerns you most about the world of work?ManpowerGroup | July 25, 2012 1313
  14. 14. Employment Law Talk Show Employment 333 Law millionManpowerGroup | July 25, 2012 14
  15. 15. Employment Law Talk Show Make it simple.ManpowerGroup | July 25, 2012 1515
  16. 16. Employment Law Talk Show How to Prevent and Manage LitigationManpowerGroup | July 25, 2012 16
  17. 17. Employment Law Talk ShowPoll Question What do businesses identify as their absolute #1 legal headache today? A. Government audits B. Contract disputes C. Intellectual property protection D. Employment law disputes E. LawyersManpowerGroup | July 25, 2012 17
  18. 18. Employment Law Talk ShowPoll Question What do businesses identify as their absolute #1 legal headache today? A. Government audits B. Contract disputes C. Intellectual property protection D. Employment law disputes E. LawyersManpowerGroup | July 25, 2012 Source: Fulbright 18
  19. 19. Employment Law Talk ShowManpowerGroup | July 25, 2012 Source: ManpowerGroup 19
  20. 20. Employment Law Talk ShowTextorama What‟s the #1 most common claim filed with the EEOC?414.751.0126ManpowerGroup | July 25, 2012 20
  21. 21. Employment Law Talk Show 1. Love your employeesTop 11 2. Know the lawLitigation 3. Take the Mom TestTips in the 4. Model ethical behavior at the top 5. Address known and systemic issuesHistory of 6. If it ain‟t job-related, it ain‟t job-relatedthe Universe 7. Follow your own policies and contracts 8. Conduct early case evaluations 9. Establish budgets and fixed/flat fees 10. Never ever ever retaliate 11. Investigate and document ALL claimsManpowerGroup | July 25, 2012 21
  22. 22. Employment Law Talk ShowManpowerGroup | July 25, 2012 Source: ManpowerGroup 22
  23. 23. Employment Law Talk ShowPoll Question What are an employer‟s odds of winning at trial? A. It is unlawful for employers to win B. 28% C. 48% D. 68% E. 88%ManpowerGroup | July 25, 2012 23
  24. 24. Employment Law Talk ShowPoll Question What are an employer‟s odds of winning at trial? A. It is unlawful for employers to win B. 28% C. 48% D. 68% E. 88%ManpowerGroup | July 25, 2012 Source: Jury Verdict Research 24
  25. 25. Employment Law Talk ShowHow MuchWill YOU Pay? 39% 1%32% $100K-$1M $1M+$0-$50K 28% Pattern +/or Big pattern1 plaintiff + no $51-$100K really horrible +/or realllllllyhorrible facts 1 plaintiff + facts horrible facts horrible facts ManpowerGroup | July 25, 2012 25 Sources: EEOC, Jury Verdict Research
  26. 26. Employment Law Talk Show How to Investigate Without Getting InvestigatedManpowerGroup | July 25, 2012 26
  27. 27. Employment Law Talk ShowPoll Question What hit record highs last year? A. EEOC complaints B. EEOC class actions C. EEOC $$$ recoveries D. EEOC love notes from employers E. All of the above, except “D”ManpowerGroup | July 25, 2012 27
  28. 28. Employment Law Talk ShowPoll Question What hit record highs last year? A. EEOC complaints B. EEOC class actions C. EEOC $$$ recoveries D. EEOC love notes from employers E. All of the above, except “D”ManpowerGroup | July 25, 2012 Source: EEOC 28
  29. 29. Employment Law Talk ShowPrepare Plan the investigation strategy Review all relevant policies Evaluate the pros & cons of investigation Pick a competent & impartial investigator Analyze potential risk factors Review allegations & prep witness & ? list Establish a confidential investigation fileManpowerGroup | July 25, 2012 29
  30. 30. Employment Law Talk ShowInvestigate Interview the complaining employee first Now – don‟t procrastinate View the site of the alleged incident Each witness ID‟d by complainant interviewed Supervisors interviewed to provide context Take time to gather all relevant evidenceManpowerGroup | July 25, 2012 30
  31. 31. Employment Law Talk ShowInvestigate Interview the accused Gather potentially mitigating evidence and interview witnesses ID‟d by accused Analyze all the evidence objectively Talk to attorney about potential legal issues End the investigation with a written report and appropriate communicationManpowerGroup | July 25, 2012 31
  32. 32. Employment Law Talk Show How to Fire Without Getting FiredManpowerGroup | July 25, 2012 32
  33. 33. Employment Law Talk ShowTop 11 1. Not firing someone who should be fired 2. Not treating with dignity and respectTermination 3. Considering non-job-related factorsTroubles 4. Inadequate documentation 5. Not getting a release 6. Emotion instead of facts 7. Ignoring past practice 8. Bad post-termination communication 9. Ignoring policies and contracts 10. Poorly planned termination meeting 11. Not telling real reasonsManpowerGroup | July 25, 2012 33
  34. 34. Employment Law Talk ShowTermination • Employee HandbookChecklist • Employment Agreement • Collective Bargaining Agreement • Personnel File • Performance Appraisals • Discipline Notices • Manager Notes • ALL other relevant documents (emails, texts, tweets, etc.)ManpowerGroup | July 25, 2012 34
  35. 35. Employment Law Talk ShowTermination Test Notice: Reasonable notice of Proof: Sufficient evidence that consequences? guilty as charged? Rule: Related to (a) efficient and safe operations and Consistency: Rule consistently (b) performance company applied to all? should reasonably expect? Penalty: Punishment fit the Investigation: Full, fair and crime, considering timely? (a) seriousness of offense and (b) service record?ManpowerGroup | July 25, 2012 35
  36. 36. Employment Law Talk ShowTermination Meeting Who? Manager, HR. No third parties (except union rep). Security? Outplacement? When? Mid-week #1, Friday #2, Monday worst. End of day #1, morning #2. Avoid holidays. What? Manager: decision. HR: all else. Final pay + notice (some states). How? Compassionate. Keep it short. Where? In person. Not in manager‟s office. No projectiles.ManpowerGroup | July 25, 2012 36
  37. 37. Employment Law Talk Show How to Keep Social Media From Ruining Your LifeManpowerGroup | July 25, 2012 37
  38. 38. Employment Law Talk ShowQuarterly Do you currently use a social media tool @ work?Social Media A. YesIndex B. No C. What‟s social media?ManpowerGroup | July 25, 2012 38
  39. 39. Employment Law Talk ShowQuarterly What social media tool do you use most @ work?Social Media A. FacebookIndex B. LinkedIn C. Google+ D. Pinterest E. TwitterManpowerGroup | July 25, 2012 39
  40. 40. Employment Law Talk Showsocial startermedia kitManpowerGroup | July 25, 2012 40
  41. 41. Employment Law Talk ShowSocial Media • Summary of the lawStarter Kit • NLRB-approved model policy • McGuire Woods model policy • Other Fortune 500 policies • SM 101 articlesManpowerGroup | July 25, 2012 41
  42. 42. Employment Law Talk Show The BIG PictureManpowerGroup | July 25, 2012 42
  43. 43. Employment Law Talk Show How To GET SUED BIG NOW Terminate Without Using the Blawg’s Termination Tips Fail to Use the Blawg’s Investigation Checklist To Ensure Full, Fair & Timely Investigations Venture into Cyberspace Without the Blawg’s Social Media Starter Kit Ignore Known Violations and Potentially Systemic Issues Pretend Wage & Hour Laws Don’t Exist Have UnethicalManpowerGroup | July 25, 2012 Leaders 43
  44. 44. Employment Law Talk ShowTweetorama If you had to boil all of employment law down into@manpowerblawg ONE word, what would it be?ManpowerGroup | July 25, 2012 44
  45. 45. Employment Law Talk ShowManpowerGroup | July 25, 2012 Source: ManpowerGroup 45
  46. 46. Employment Law Talk ShowWe are • 80% of jobs are sedentaryStressssssed • 62% say workload increased last 6 months • 40% are sleep-deprived • 33% are chronically overworked • 32% increase in workweek in past 25 yearsSources: Pennington Biomedical Research Center, Kronos, National Sleep Foundation, • 1 in 25 bosses is a certifiedFamilies & Work Institute, Harris Interactive, Dr. Paul Babiak psychopathManpowerGroup | July 25, 2012 46
  47. 47. Employment Law Talk ShowMore Stress = The Bottom Line:More Suits $200-$300B is lost each year due to stress-related absenteeism, burnout, decreased productivity, WC claims, turnover and insurance costs.ManpowerGroup | July 25, 2012 Source: American Institute of Stress 47
  48. 48. Love.
  49. 49. Employment Law Talk Show The Employment Law SING-A-LONGManpowerGroup | July 25, 2012 49
  50. 50. Employment Law Talk Show Employment law can be easy If you listen you surely won‟t fail We wrote you this song So please sing along If you don‟t, you could end up in jailManpowerGroup | July 25, 2012 50
  51. 51. Employment Law Talk Show Don‟t put things off „til tomorrow Yes investigate right away Don‟t procrastinate And don‟t retaliate Or the more you will have to payManpowerGroup | July 25, 2012 51
  52. 52. Employment Law Talk Show Remember this song And you‟ll never go wrong We wish you the best On your journeys You‟ll stay out of court And you won‟t have to pay no attorneysManpowerGroup | July 25, 2012 52
  53. 53. Employment Law Talk Show Terminations they sure can be scary The feds they may knock on your door But if you prepare Be consistent and fair They won‟t ever bug you no moreManpowerGroup | July 25, 2012 53
  54. 54. Employment Law Talk Show 54 If your brain‟s too full to remember All the stuff we just covered above There‟s one simple word That sums up what you heard Love, Love, Love, Love, Love, Love LOVE!ManpowerGroup | July 25, 2012 54
  55. 55. Employment Law Talk Show Remember this song And you‟ll never go wrong We wish you the best On your journeys You‟ll stay out of court And you won‟t have to pay no attorneysManpowerGroup | July 25, 2012 55
  56. 56. Employment Law Talk Show More on the BlawgManpowerGroup | July 25, 2012 56
  57. 57. manpowergroupblogs.us
  58. 58. Employment Law Talk Show Coming soon … Answers to the World’s Scariest Employment Law Questions Text the ?s that wake you up screaming in the middle of the night to 414.751.0126ManpowerGroup | July 25, 2012 58
  59. 59. Employment Law Talk ShowManpowerGroup | July 25, 2012 59
  60. 60. Did you watch this webinar as a recording?Please request your certificate atwww.manpowergroup.us/requesthrciJuly 25, 2012

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