Managing Employment Litigation Liability


Program Content


The program content is ambitious and interesting. The topics that will be covered are:

  1. Internal Complaint
    1. Does the complaint fit within the framework of a legal claim?
    2. How will a plaintiff's attorney spin the facts?
    3. What defenses are available to the employer?
  2. Internal Investigations
    1. Is the process covered by the attorney/client privilege?
    2. Goals and objectives of the investigator
    3. Steps to take
    4. Steps to avoid
    5. What should be documented?
  3. Administrative Charge Process
    1. EEOC and State Agencies
    2. Steps to take
    3. Steps to avoid
  4. Commencement of Lawsuit
    1. Developing defenses
    2. Answer
    3. Pre-dispute arbitration agreements: their advantages and disadvantages
    4. If you don't like the facts, change them (e.g., changing business practices, unconditional offers of employment
  5. Discovery Process
    1. Document discovery
    2. Electronic discovery
    3. Logistics of production
    4. Spoliation of evidence and obstruction of justice issues
    5. Depositions
      1. Video taping depositions
      2. Rule 30(b)(6) depositions
    6. Other Lawsuits/Complaints
  6. Summary Judgment
  7. Settlement Options
    1. When and how to begin negotiations without creating implications of wrongdoing
    2. Mediation
    3. Negotiation strategies
    4. Bringing the deal to conclusion
    5. Tax Implications
    6. Confidentiality implications
    7. Older Worker Benefit Protection Act requirements
  8. Class Actions
    1. Frequent class actions sources
    2. Auditing practices to identify and solve problems before a plaintiffs' counsel finds them
      1. Wage and hour cases
      2. Gender cases
      3. Race/national origin cases
    3. Class action strategies
    4. Special settlement issues in class actions
  9. Trial
    1. Motions in limine
    2. Jury selection
    3. Opening statements
    4. Plaintiff's case
    5. Employer's case
    6. Plaintiff's rebuttal
    7. Closing argument
    8. Motions and objections
    9. Verdict
  10. Prevention
    1. Policies
      1. What you should have
      2. What you should have not
      3. Enforcement of policies
      4. Tension between policies and corporate culture
    2. Layoff procedures
      1. Legitimate and illegitimate objectives
      2. Legitimate and illegitimate selection criteria
    3. Training
      1. Different levels of training for Managers, Non-Managers and Human Resources Personnel
      2. Hiring, supervising, disciplining, discharging, giving references, moving forward, etc.
      3. Disparate treatment discrimination
      4. Disparate impact discrimination
      5. Reasonable accommodation for disabled individuals and for religious observances
      6. Unlawful harassment
      7. Employee rights regarding leaves of absence
      8. Defamation
      9. Fraud
      10. Breach of express and implied contract
      11. Public policy wrongful discharge
      12. Whistleblowing
    4. Auditing workforce statistics on hiring, promotions, "glass ceiling," and pay
      1. Spot-checking
      2. Attorney-client privilege
      3. Follow-up measures
    5. Employee performance evaluations
    6. Promotions
    7. Protection of employees from retaliation
    8. Employee terminations
    9. Smart and not-smart documentation of employment decisions

Please note: Because of the dynamic changes taking place in employment law, IAML will make every effort to ensure that the program content presented is timely and includes all new significant developments in the area of employment law. Therefore, we reserve the right to modify the curriculum when such changes are deemed beneficial.