Our counseling practice has taught us the value of employee training. We believe that the best way to avoid litigation is to ensure that employers are aware of the legal issues which may cause problems in the workplace. This is a foundation of our "preventive" philosophy. To increase this awareness, our attorneys regularly conduct in-house management seminars on legal and employee relations issues.
Our employment law attorneys offer practical training for all employees, including all levels of management. Our programs differ from those offered by other law firms in that ours are not filled with “legalisms” that often scare or confuse both employees and managers. Rather, we provide tools to teach managers not only how to identify legal "landmines" within their organizations, but how to successfully navigate around them and use the law as a tool for making necessary personnel decisions. To further facilitate these goals, our training sessions are specifically tailored to each client’s objectives and incorporate many unique California-specific rules and regulations.
We conduct training programs for private and public sector employers of all sizes. Many clients tell us that they experience fewer lawsuits, charges and complaints from employees whose supervisors have gone through one of our training programs. We are constantly revising our existing training programs and developing new ones to keep pace with major legal trends.
We present workshops on the following topics:
Recognizing, Avoiding and Investigating Sexual and other Harassment
This two-hour program, which is fully compliant with California’s new sexual harassment training requirement, teaches managers and supervisors to recognize the kind of conduct which frequently forms the basis of sexual and other types of harassment claims but is seldom recognized as being unlawful before charges are filed. Managers are taught what they are legally obligated to do when they become aware of harassment and leave the program understanding what sexual harassment really is and how to practically and effectively resolve complaints. Finally, through a series of video vignettes, supervisors are taught how to investigate claims of sexual harassment in order to mitigate the chance that a lawsuit will be filed.
Effective Performance Management and Documentation Strategies
During this course, managers and supervisors learn strategies for creating and maintaining employment documents and how to evaluate employees honestly (and completely) based upon specific facts. Participants will learn how to not let disciplinary problems get out of hand and how to communicate good performance to increase employee morale.
Compliance with the Americans with Disabilities Act
In this course we focus on teaching managers and supervisors to spot disability issues and how to determine who is disabled and how to analyze and deal with requests for accommodations under California and federal law.
Avoiding Employee Lawsuits by Managing Within the Law
This course is a focused review of the top employment-related mistakes that managers make in the workplace. The emphasis is on more than just the law, but the practical approach to avoid litigation. In every section, participants will learn skills needed to address and resolve various issues brought to them by employees and learning topics include discrimination prevention, reasonable accommodation of disabilities, how to conduct “rightful terminations” and prevent harassment and retaliation claims.
Effective Discipline and Discharge
During this course, managers and supervisors learn the key rules of effective discipline and proper documentation. We provide training on how to impose progressive discipline and participants will learn how to prepare a performance improvement plan and establish interim progress reports. We also provide practical tips on implementing discipline that follows company practices and procedures and prevents claims of disparate treatment and discrimination.
Employee or Independent Contractor? The Million Dollar Question
This course focuses on common mistakes employers make when classifying employees. Each year employers pay huge settlements for years of back taxes and overtime pay for improperly classified employees. Errors when determining employee status can be costly. This course helps identify the differences between federal and California law and helps human resources professions determine proper employee classification.
Workplace Investigations: Effective Strategies for Litigation Avoidance and Defense
This training gives human resources professionals, in-house counsel and internal security personnel the tools they need to conduct defensible, and thorough investigations. The program focuses on practical skills such as how to: decide which matters require a "full-scale" investigation, question witnesses, obtain relevant evidence, make credibility resolutions, evaluate facts that are gathered, make legally defensible decisions, decide what level of discipline is required, document an investigation and communicate disciplinary decisions to employees who have been the focus of the complaint.
Avoiding Wage and Hour Class Action Lawsuits
Understanding the legal implications that arise from wage and hour requirements help managers avoid costly wage and hour claims. In this course, we specifically address the different legal issues that arise from California’s overly regulated wage and hour environment, including the different expectations a manager can have for a non-exempt employee versus an exempt employee, and how and why disciplinary issues are handled differently. We also address the latest rules and regulations regarding meal and rest period issues, off-the-clock work, on-call time, and effective strategies for dealing with employees who are misclassified.