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How To Discipline Or Terminate A Workers' Compensation Claimant

Webinar: ID# 1014089
Recorded CD
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About This Course:
This live webinar will address many of the difficult issues that arise when considering whether to discipline or terminate an employee who is also a workers' compensation claimant.

It covers the core concepts underpinning workers' compensation statutes and the primary types of anti-retaliation provisions found in workers' compensation statutes.

It then examines 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, to defeat it.

Finally, it addresses the interplay between the Americans with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA) with workers' compensation statutes.

Agenda

General Background of the Workers' Compensation System

Considerations 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
Other Federal Statutes With Potential Impact on Employees With Medical Conditions
  • Family Medical Leave Act
  • Americans With Disabilities Act
Faculty

James M. Mesnard
  • Of counsel to the Washington, D.C. office of Seyfarth Shaw LLP
  • 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
  • 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
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How To Discipline Or Terminate A Workers' Compensation Claimant
Available on CD format
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