Sessions

Concurrent Session
The Art of Disciplining, Separating, and Laying Off Employees: Ethical Considerations and Effective Strategies for HR Professionals and In-House Attorneys in Workplace Investigations and When Making Difficult Personnel Decisions
265-268
In-Person Tuesday 06/14/2022 07:30 AM - 08:30 AM   Add to calendar
Competencies: Business (Behavioral), Interpersonal (Behavioral), Workplace (Technical)
Workplace Application:
Attendees will gain a solid understanding of the legal, practical, and ethical considerations HR professionals and in-house attorneys should take into account when investigating workplace complaints and participating in discussions and decisions around disciplining, separating, and laying off employees.  

Wrongful termination lawsuits put every recommendation and decision made by HR under a microscope.  While HR professionals and in-house attorneys are responsible for advising their business partners on complicated personnel matters, they must also take steps to ensure that their involvement is not only ethical, but they do not unwittingly waive the attorney-client privilege.  During this session author and employment litigator Adam Rosenthal, will discuss the legal, ethical, and practical considerations HR professional and in-house attorneys should take into account when investigating serious workplace incidents and advising their organizations on difficult personnel matters.        

Learning Objectives:

  • Spot ethical concerns when HR professionals and in-house attorneys are asked to consult on personnel matters, including while conducting workplace investigations.
  • Learn what types of employment issues trigger a comprehensive HR investigation, and best practices for HR when tasked with leading internal investigations.
  • How to safeguard the attorney-client privilege during HR investigations, while working with in-house and outside counsel.
  • Best practices for litigation avoidance when disciplining, terminating, and laying off employees.

In-person session offerings are on a first-come, first-served basis.

Adam Rosenthal Photo
Presenter:
Adam Rosenthal, Employment Law Partner,
Sheppard Mullin Richter & Hampton, LLP