8:30 – 8:50 a.m.

CHECK-IN & CONTINENTAL BREAKFAST

8:50 – 9:00 a.m.

WELCOME & INTRODUCTION

– Melissa Raphan, Course Chair; Dorsey & Whitney LLP; Minneapolis

9:00 – 9:45 a.m.

Employer Mistakes in Discipline and Discharge

Often the mistakes of an employer’s representatives determine whether an employee or former employee looks for a lawyer. Experienced plaintiffs’ counsel share their perspective on common errors – a perspective honed through many years of contact with hundreds of potential and actual plaintiffs.

– Howard L. Bolter; Fishman, Carp, Bescheinen, Bolter & Van Berkom, Ltd.; Minneapolis
– Bill O’Brien; Miller O’Brien Cummins, PLLP; Minneapolis

9:45 – 10:30 a.m.

The Importance of Contracts, Handbooks and Other Documents

Employers should view contracts, personnel policies and handbooks as the starting point for effective human resources. Nowhere is that principle more evident than in the area of discipline and discharge. This session will discuss effective handbooks and policies, and then address properly drafted and managed employment contacts.

– Jacqueline A. Mrachek; Faegre Baker Daniels LLP; Minneapolis

10:30 – 10:45 a.m.

BREAK

10:45 – 11:15 a.m.

Investigating Alleged Misconduct and Inappropriate Behavior

Before disciplining or discharging, getting the accurate facts is essential. This session will teach you how to better confirm the accuracy of the allegations, document it appropriately and, at the same time, not unnecessarily create turmoil in the workplace.

– Mary M. Krakow; Fredrikson & Byron P.A.; Minneapolis

11:15 a.m. – 12:00 p.m.

A Practical Guide to Drafting Employee Disciplinary Memos

Learn when and how to use disciplinary memos; specific instruction on what to include and exclude. Sample memos provided.

– Penelope J. Phillips; Felhaber, Larson, Fenlon & Vogt, P.A.; Minneapolis

12:00 – 12:30 p.m.

Making the Discipline or Discharge Decision – Walking the Fine Line Between Candor and "Minnesota Nice"

Walking that fine line is never simple but must be done. And given that the best defense is a good offense, position yourself well to defend against a lawsuit. This session will walk you through the steps to take in making smart decisions about discipline and discharge from analyzing the issue to conducting the due diligence to realizing when you are at the end of the line.

– Melissa Raphan, Course Chair; Dorsey & Whitney LLP; Minneapolis

12:30 – 1:30 p.m.

LUNCH (on your own)

1:30 – 2:00 p.m.

Special Labor Law Considerations – for BOTH Unionized and Non-Unionized Employers

This session explores an employer’s duties under the National Labor Relations Act – regardless of whether its employees are in a union – to refrain from discrimination or retaliating against employees who engage in protected concerted activities. Your presenter also highlights the unique issues and challenges facing employers with unionized workers in the discipline and discharge context.

– Courtney J. DaCosta; Dorsey & Whitney LLP; Minneapolis

2:00 – 2:30 p.m.

Separation Agreements and Releases: Writing Separation Agreements That Stick

Do your separation agreements provide the necessary information regarding employee departures? Do the agreements adequately protect you as the employer? Are your separation agreements enforceable? This session will provide an overview of the key terms and conditions to include in employee separation agreements and will discuss drafting tips to increase the likelihood that the agreements will withstand challenge. The session will cover individual and group terminations and special requirements under Minnesota and federal law.

– Kristin Berger Parker; Leonard, Street and Deinard; Minneapolis

2:30 – 2:45 p.m.

BREAK

2:45 – 3:30 p.m.

The Termination Meeting – A Step-by-Step Guide

You know you must terminate, the question is how to do so without inviting lawsuits. This session covers: planning and executing the termination meeting; talking points for termination that deter problems and increase comfort and respect; helpful checklists and more.

– Sheila A. Engelmeier; Engelmeier & Umanah; Minneapolis

3:30 – 4:15 p.m.

Post-Termination Issues – Legal and Practical Considerations

After a termination decision has been carried out, an employer continues to have a number of legal obligations to fulfill (such as final wage payment), must evaluate and consider its own legal rights (for example, the departing employee’s compliance with confidentiality or non-compete agreements), and also must be prepared for possible legal action by the terminating employee. This practical session provides you with the tools for critically analyzing and effectively addressing these significant post-termination matters.

– Daniel G. Prokott; Faegre Baker Daniels LLP; Minneapolis

4:15 – 4:30 p.m.

QUESTIONS & ANSWERS