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
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
Adam Rosenthal is an employment attorney and Partner at Sheppard Mullin based in California. Adam represents a broad spectrum of companies before federal and state courts and arbitration forums. In addition to his single plaintiff and class action litigation practice, Adam advises clients throughout the country on compliance matters. Adam is one of the few attorneys on the SHRM Speakers Bureau. This is the third year in a row Adam has been invited to lecture at the SHRM Annual Conference. Adam is also the author of Managing Employees Without Fear: How to Follow the Law, Build a Positive Work Culture, and Avoid Getting Sued. Adam received his undergraduate degree from UCLA and his law degree from UC Davis.