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Home > Navigating the ADA Minefield: How to Avoid Getting Sued Over Employee Leaves and Accommodations

2018 Annual Conference & Exposition
You will learn how to limit your organization's potential legal exposure by properly handling employee accommodations involving medical leaves.
 

The most common type of employment lawsuit plaintiff today is the employee who got fired while on, or after returning from, a medical leave. This session will highlight mistakes in handling leaves that will almost certainly get your business sued, including failing to reinstate an employee following a leave because you realized you didn't really need him, firing an employee who fails to return from FMLA leave, terminating an employee who is deemed “permanently disabled” under workers' compensation, and changing an employee's job duties while he/she is away on leave. This session will learn:

  • Best practices in handling difficult and complex ADA accommodations involving medical leaves.
  • How to effectively navigate the interactive process.
  • How to bid farewell to a disabled employee while vaccinating yourself against a future lawsuit.
  • How to handle multiple leave extensions and how to know when you are finished with the interactive process.
 
Date(s) & Time(s): 
Tuesday, June 19, 2018 - 2:15pm to 3:30pm
Presenter: 
Shayna Helene Balch
partner
Fisher & Phillips, LLP
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Shayna Balch is a partner in both the Phoenix and Los Angeles offices. She represents employers in employment and labor litigation matters before federal and state courts as well as before administrative agencies. She handles matters across all facets of labor and employment law including employment discrimination, sexual harassment, retaliation, wrongful termination, restrictive covenants, preventive counseling, employee training, personnel policies, and employment agreements. Shayna has represented clients before trial and appellate courts, the Equal Employment Opportunity Commission (EEOC), the Arizona Civil Rights Division, and United States Department of Justice Office of Special Counsel (OSC).

SESSIONS:
Pavneet Singh Uppal
partner
Fisher & Phillips, LLP
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Pavneet Singh Uppal is a partner in the Firm’s Phoenix office and has litigated in state and federal courts in Arizona, California, New Mexico and Illinois. He regularly represents national, regional, and local clients in a variety of complex civil litigation matters. As lead trial counsel, Pavneet has litigated employment cases, including class actions, in federal and state trial and appellate courts, at arbitration and before administrative agencies. He focuses his practice on labor and employment disputes with an emphasis on unfair competition, trade secrets, wrongful discharge and equal employment opportunity litigation and arbitration.

SESSIONS:
Location: 
S401
Amount of Credit: 
1.25
Credit Type: 
•SHRM PDCs
Session Type: 
Concurrent Session
Competency: 
HR Expertise
Consultation
Critical Evaluation
Intended Audience: 
Mid-Level
View other sessions related to this topic: 
HR Compliance

Source URL: https://sessions-cron.shrm.org/conference/2018-annual-conference-exposition/session/navigating-ada-minefield-how-avoid-getting-sued