Hero or Scapegoat? HR's Role in Helping an Organization Win (or Lose) an Employment Lawsuit
Seating Instructions: Seating is first-come, first-served. Reserved seating options are available for accessibility and accommodations. For detailed accessibility information, visit INFO > FAQs in the app.
Presented by a lawyer who has defended employment lawsuits for 40 years, this program will highlight HR's role in the events leading up to litigation and in the litigation itself. HR is instrumental in creating the right policies, in maintaining the necessary records, in documenting employee misconduct and performance issues, and in conducting competent and objective investigations that set the stage for an employment lawsuit. HR also typically plays a pivotal role in answering discovery, giving depositions and testifying in court. This presentation will prepare you to set your organization up for a win in the event an employee should sue.
Learning Objectives:
- Learn how employment policies can provide a winning edge -- or not -- in an employment lawsuit.
- Learn why thorough documentation of workplace incidents and employee performance is so important -- 'If it's not in writing, it didn't happen.'
- Learn how to conduct an investigation of employee misconduct that won't be shot down by opposing counsel.
- Learn HR's role in the discovery process in a lawsuit, and in testifying in court.
Direct Link to Session Materials: If the speaker provides session materials, you can access them via the app, web format or at https://presentations.shrm.org/.
Live Streaming and Recording: Unless marked 'in person only,' all sessions are live-streamed on the app or web format and available for replay 30 days after the event.
Acknowledgment of Technical Issues: While rare, technical issues may occur during sessions. We appreciate your patience as we quickly address them.
Accessibility & Accommodations Information: For detailed accessibility & accommodations information, visit INFO > FAQs in the app.
James J. McDonald

James J. McDonald, Jr. is a partner in the Irvine, California and Tampa, Florida offices of Fisher & Phillips LLP, where he is a litigator, trial lawyer and strategic advisor to employers regarding labor and employment law matters. He is author of the SHRM-published book, California Employment Law: An Employer’s Guide, and he is a frequent speaker on employment law issues. He is a cum laude law graduate of Georgetown University and a member of the California and Florida Bars, and he holds the SHRM-SCP certification.
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