Employment Law Talk Show

April 18, 2023

Chief Legal Officer – North America

Employment Law Talk Show

ManpowerGroup | April 18, 2023 2



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ManpowerGroup | April 18, 2023 5ManpowerGroup | April 18, 2023 5

Meet our Presenters





Official DisclaimerThe presentation you are about to witness should not

be relied upon or construed as legal advice.

Failure to stay awake for the remainder of this presentation could result in potentially long-lasting side-effects, including litigation headaches recurring nightmares and/or severe gastrointestinal discomfort from having to spend too much time with lawyers.

Please consult with your own HR and/or Legal departments before making any major policy and/or procedure changes.

You have been warned.





Tweet along: #mpwebinar

Follow Mark on Twitter: @manpowerblawg

Find us on Facebook: facebook.com/manpowerUS

April 18, 2023

Chief Legal Officer – North America



Today’sSHOW

What YOU Want Us To Talk About

How to Prevent and Manage Litigation

How to Investigate Without Getting Investigated

How to Fire Without Getting Fired

How to Keep Social Media From Ruining Your Life

The BIG Picture



What YOUWant Us To Talk About



Today’s Webinar Designer:

YOU






ManpowerGroup | April 18, 2023 12Source: ManpowerGroup Employment Blawg



What concerns you most about

the world of work?





Employment Law



Make it simple.



How to Preventand Manage Litigation





Poll Question

What do businesses identify as their absolute #1 legal headache today?

A. Government audits

B. Contract disputes

C. Intellectual property protection

D. Employment law disputes

E. Lawyers





Poll Question

What do businesses identify as their absolute #1 legal headache today?

A. Government audits

B. Contract disputes

C. Intellectual property protection

D. Employment law disputes

E. LawyersSource: Fulbright






ManpowerGroup | April 18, 2023 19Source: ManpowerGroup






Textorama414.751.0126

What’s the #1 most common claim filed with the EEOC?





Top 11 Litigation Tips in the History of the Universe

1. Love your employees2. Know the law3. Take the Mom Test4. Model ethical behavior at the top5. Address known and systemic issues6. If it ain’t job-related, it ain’t job-

related7. Follow your own policies and

contracts8. Conduct early case evaluations9. Establish budgets and fixed/flat fees10.Never ever ever retaliate11.Investigate and document ALL claims






ManpowerGroup | April 18, 2023 22Source: ManpowerGroup





Poll Question

What are an employer’s odds of winning at trial?

A. It is unlawful for employers to win

B. 28%

C. 48%

D. 68%

E. 88%





Poll Question

What are an employer’s odds of winning at trial?

A. It is unlawful for employers to win

B. 28%

C. 48%

D. 68%

E. 88%

Source: Jury Verdict Research







Sources: EEOC, Jury Verdict Research

How Much Will YOU Pay?

$1M+Big pattern +/or reallllllly horrible facts

1%$100K-$1M

Pattern +/or really horrible facts

39%

$51-$100K1 plaintiff + horrible facts

28%

$0-$50K1 plaintiff + no horrible facts

32%



How to InvestigateWithout Getting

Investigated





Poll Question

What hit record highs last year?

A. EEOC complaints

B. EEOC class actions

C. EEOC $$$ recoveries

D. EEOC love notes from employers

E. All of the above, except “D”





Poll Question

What hit record highs last year?

A. EEOC complaints

B. EEOC class actions

C. EEOC $$$ recoveries

D. EEOC love notes from employers

E. All of the above, except “D”

Source: EEOC





Prepare Plan the investigation strategy

Review all relevant policies

Evaluate the pros & cons of investigation

Pick a competent & impartial investigator

Analyze potential risk factors

Review allegations & prep witness & ? list

Establish a confidential investigation file





Investigate Interview the complaining employee

first

Now – don’t procrastinate

View the site of the alleged incident

Each witness ID’d by complainant

interviewed

Supervisors interviewed to provide

context

Take time to gather all relevant

evidence





Investigate Interview the accused

Gather potentially mitigating evidence

andinterview witnesses ID’d by accused

Analyze all the evidence objectively

Talk to attorney about potential legal

issues

End the investigation with a written

reportand appropriate communication



How to FireWithout Getting Fired





Top 11 Termination Troubles

1. Not firing someone who should be fired

2. Not treating with dignity and respect

3. Considering non-job-related factors4. Inadequate documentation5. Not getting a release6. Emotion instead of facts7. Ignoring past practice8. Bad post-termination

communication9. Ignoring policies and contracts10.Poorly planned termination

meeting11.Not telling real reasons





Termination Checklist

• Employee Handbook

• Employment Agreement

• Collective Bargaining Agreement

• Personnel File

• Performance Appraisals

• Discipline Notices

• Manager Notes

• ALL other relevant documents(emails, texts, tweets, etc.)



Notice: Reasonable notice of consequences?

Rule: Related to (a) efficient and safe operations and (b) performance company should reasonably expect?

Investigation: Full, fair and timely?

Proof: Sufficient evidence that guilty as charged?

Consistency: Rule consistently applied to all?

Penalty: Punishment fit the crime, considering (a) seriousness of offense and (b) service record?

Termination Test

ManpowerGroup | April 18, 2023




Who? Manager, HR. No third parties (except union rep). Security? Outplacement?

What? Manager: decision. HR: all else. Final pay + notice (some states).

Where? In person. Not inmanager’s office. No projectiles.

When? Mid-week #1, Friday #2, Monday worst. End of day #1, morning #2. Avoid holidays.

How? Compassionate. Keep it short.

Termination Meeting

ManpowerGroup | April 18, 2023




How to Keep Social Media From Ruining Your Life





Quarterly Social Media Index

Do you currently use a social media tool @ work?

A. Yes

B. No

C. What’s social media?





Quarterly Social Media Index

What social media tool do you use most @ work?

A. Facebook

B. LinkedIn

C. Google+

D. Pinterest

E. Twitter



socialmedia

starterkit







Social Media Starter Kit

• Summary of the law

• NLRB-approved model policy

• McGuire Woods model policy

• Other Fortune 500 policies

• SM 101 articles



The BIG Picture



How ToGET SUED BIG NOW

Terminate Without Using the Blawg’s Termination Tips

Fail to Use the Blawg’s Investigation ChecklistTo Ensure Full, Fair & Timely Investigations

Venture into Cyberspace Without theBlawg’s Social Media Starter Kit

Ignore Known Violations andPotentially Systemic Issues

Pretend Wage & HourLaws Don’t Exist

Have UnethicalLeaders





Tweetorama@manpowerbla

wg

If you had to boil all of employment law down into ONE word, what would it be?




ManpowerGroup | April 18, 2023 45ManpowerGroup | April 18, 2023 45Source: ManpowerGroup






Sources: Pennington Biomedical Research Center, Kronos,

National Sleep Foundation, Families & Work Institute, Harris

Interactive, Dr. Paul Babiak


We are Stressssssed

• 80% of jobs are sedentary

• 62% say workload increased last 6 months

• 40% are sleep-deprived

• 33% are chronically overworked

• 32% increase in workweek in past 25 years

• 1 in 25 bosses is a certifiedpsychopath





More Stress = More Suits

The Bottom Line:

$200-$300B is lost each year due to stress-related absenteeism, burnout, decreased productivity, WC claims, turnover and insurance costs.

Source: American Institute of Stress




The Employment LawSING-A-LONG




Employment law can be easy

If you listen you surely won’t fail

We wrote you this song

So please sing along

If you don’t, you could end up in jail




Don’t put things off ‘til tomorrow

Yes investigate right away

Don’t procrastinate

And don’t retaliate

Or the more you will have to pay




Remember this song

And you’ll never go wrong

We wish you the best

On your journeys

You’ll stay out of court

And you won’t have to pay no attorneys




Terminations they sure can be scary

The feds they may knock on your door

But if you prepare

Be consistent and fair

They won’t ever bug you no more



54Employment Law Talk Show

If your brain’s too full to remember

All the stuff we just covered above

There’s one simple word

That sums up what you heard

Love, Love, Love, Love, Love, Love

LOVE!




Remember this song

And you’ll never go wrong

We wish you the best

On your journeys

You’ll stay out of court

And you won’t have to pay no attorneys

Employment Law Talk Show

Education

Transcript of Employment Law Talk Show