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Conference Schedule

Terminations: Everything You Wanted to Know But Were Afraid to Ask

The schedule for this one-day intensive class is below. This schedule will be repeated on 3 dates in 3 cities for your convenience:

June 5, 2008—San Francisco
June 12, 2008—San Diego
June 19, 2008— San Jose

For more information on the locations, click here.

7:30-8:30 a.m. Registration
8:30-10:00 a.m.

Progressive Discipline, Warnings, and How To Know When It's Time To Say Goodbye

Your managers can be your best allies or your worst enemies in terms of laying the appropriate groundwork for a for-cause firing. Similarly, your progressive discipline policy is a helpful guideline, but you don't want employees feeling they're entitled to (or, worse still, contractually guaranteed) a series of warnings before they're let go. In this session, you'll learn:

  • How to keep your managers from inflating performance ratings

  • The best way to handle employees with relatively minor, but persistent, performance or discipline problems—and when it's time to let them go

  • How to craft an effective progressive discipline policy that won't come back to bite you

  • The terminations-related language that needs to be in your employee handbook
  • Why "at-will" language and probationaryperiods can cause you problems—and how to avoid them

10:00-10:15 a.m. Morning Break
10:15-11:45 a.m.

Misconduct- and Performance-Based Terminations: Investigations, Documentation, and Avoiding Bias and Retaliation Claims

You've gotten a serious complaint about Sally, an otherwise stellar employee, and it seems to check out. Jim has just set fire to the copy room. You're dying to terminate Molly, whose performance has dropped off but she filed a pregnancy bias claim against your organization last year. All of these situations require action, but also smarts and tact. This session will cover:

  • What's involved in a thorough pre-termination investigation

  • Why it's crucial to effectively get your paperwork in order—before you take action

  • The steps to take when you need to terminate immediately for a flagrant infraction

  • How to start building a paper trail against an employee you're preparing to let go

  • What to do when the employee you're (legitimately) eager to fire has filed a past charge, complaint, or lawsuit against your company

  • Why all termination decisions should be reviewed and by whom

11:45 a.m. to 1:15 p.m. Lunch Break (on own)

1:15-2:45 p.m.

Layoffs, RIFs, Releases, and Severance Packages: How to Effectively Protect Yourself

Unfortunately, you need to lay off a number of employees. You've got a generous severance offer lined up, as well as a release of claims. But stop right there—they may not be enough to protect you from a lawsuit. In fact, if your release is improperly worded, a court could toss out the whole thing. And if you're firing a certain group that contains a disproportionate number of workers of a certain age, race, or other protected category, you need to be extremely careful. In this session, we'll explain:

  • The claims you cannot ask employees to waive in a severance agreement

  • The key elements of a binding release under California law—and language that you must never include

  • When WARN and Cal-WARN kick in—and how to make sure you're in compliance
  • The special rules that apply for older workers

  • How to determine whether your target group contains a disproportionate number of protected workers and steps to take if it does

2:45-3:00 p.m. Afternoon Break

3:00-4:30 p.m.
The Termination Process: Exit Interviews, Termination Pay, and Post-Termination Steps to Keep You Out of Court

All of your i's have been dotted and your t's crossed. You've got your documentation together. You're ready (as ready as you'll ever be, anyway) to fire this employee. But you're not out of the woods yet. How you handle the termination itself, as well as the period following it, could make or break you in terms of preserving good will and avoiding a lawsuit. This session will cover:

  • Why exit interviews are crucially important

  • Who should be present during the termination meeting

  • The stringent California rules for termination pay, and how to make sure you meet the requirements

  • Which records to hang onto after a termination, and for how long

  • What you should never say when firing an employee

4:30 p.m.

Session Ends


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