Learn to navigate the unique rules and liabilities of disciplining or terminating employees who are workers’ compensation claimants.
Address many of the difficult issues that arise when considering whether to discipline or terminate an employee who is also a workers’ compensation claimant. Learn the core concepts underpinning workers’ compensation statutes and the primary types of anti-retaliation provisions found in workers’ compensation statutes. Examine the steps you can take when disciplining or terminating a workers’ compensation claimant to avoid allegations of retaliation and, if such a claim is raised, how to defeat it. Examine the interplay between the Americans with Disabilities Act and the Family Medical Leave Act with workers’ compensation statutes.Learning Objectives
- You will be able to discuss the general background of the workers’ compensation system.
- You will be able to identify considerations arising from workers’ compensation statutes.
- You will be able to review Family Medical Leave Act.
- You will be able to explain the Americans with Disabilities Act.
Agenda
General Background of the Workers’ Compensation SystemConsiderations Arising From Workers’ Compensation Statutes
- What Are the Different Types of Anti-Retaliation Provisions?
- Consistency Is the Key
- How to Handle the Employee With Light Duty Restrictions
- The Role of the Insurance Company
- Documenting Performance Problems
- How to Handle a Retaliation Claim
- Family Medical Leave Act
- Americans With Disabilities Act
Speaker(s)
James M. MesnardThe Postol Law Firm
- Counsel with The Postol Law Firm
- Practice focuses on defending employers in contested workers’ compensation claims, defending workers’ compensation retaliation claims in civil actions and administrative proceedings, and defending employers in lawsuits filed under various federal employment discrimination statutes
- Counsel to the Washington, D.C. Office of Seyfarth Shaw, LLP from 1987–2018
- Law clerk to the chief administrative law judge for the U.S. Department of Labor, where he helped prepare decisions on contested workers’ compensation claims arising under the Longshore and Harbor Workers’ Compensation Act
- J.D. Degree, University of Maryland School of Law
