On Demand Seminar
ITEM #:  1739482201   |   EVENT CODE:  438386    |   CREDIT STATUS:  APPROVED


Available 24/7

To claim CLE credit, view by:  January 27, 2024

Through December 31, 2023, Minnesota-licensed attorneys can satisfy continuing legal education requirements by viewing and reporting up to 30 credits of on demand programming. Effective the first reporting period after January 1, 2024, there is no limit. Depending on the jurisdiction in which you practice, you may or may not be able to claim credit for viewing this on demand seminar. Please check with your licensing agency for accreditation information.

Employee Discipline & Discharge

Practical “How-To’s” for Investigating, Documenting and Making Decisions to Address Employee Performance, Non-Compliance, and Behavior Problems

Originally presented:  January 28, 2022     |     Course length:  6.25 hours

Learn how employers should –

  • Address 2022’s Hot-Button Discipline and Discharge Issues
  • Get the Facts in Workplace Investigations
  • Document to Improve Performance and Prepare for Litigation
  • Deal with Implicit Bias in Disciplinary Decision-Making and Investigations
  • Prepare for and Run the Termination Meeting
  • Use Separation Agreements and Releases
  • And More!

Helpful seminar with tip-filled materials –
Difficult situations need to be addressed with fairness and clarity. Attend this seminar to equip yourself with legal analysis, strategies, and practice tips to mitigate risk – or litigate cases! 

Who should attend – 

  • Employment Law Advisors, In-House or in Private Practice
  • Human Resources Professionals
  • Employment Litigators – Both Plaintiff- and Defense-Side 

Free bonus resources for all attendees –
In addition to the course materials, all attendees will receive electronic access to Minnesota CLE’s:

  • Legal QuickSheet™: Discipline and Discharge Process Checklist
  • Legal QuickSheet™: A Step-by-Step Guide for Conducting the Termination Process

Welcome & Introduction  (5 MINUTES)

Implementing a Discipline and Discharge Process
  (30 MINUTES)
This session sets the stage for this seminar and introduces a process in which discipline and discharge decisions can be made and implemented. This includes identifying potential risks and other considerations employers must keep in mind while weighing discipline and discharge decisions.
– Liane M. Wong, Course Chair

Elimination of Bias – Ways to Address Bias in Investigations and Disciplinary Decision-Making
  (60 MINUTES)
1.0 elimination of bias credit applied for
The goal of any investigation or disciplinary decision should be an impartial, neutral, factually correct, fair decision. Bias undermines these objectives and creates unnecessary risk for your organization. This session gives you guidance for eliminating bias from your employee investigations and disciplinary decision-making and creating policies and procedures that promote equity.
– Lucas J. Kaster, Toni D. Newborn & Abdul M. Omari, PhD

Getting the Facts – Workplace Investigation from Start to Finish
  (60 MINUTES)
Includes checklist of pre-investigation considerations!
Workplace investigations may be necessary for many reasons – in response to alleged performance issues, or because there’s a complaint of discrimination or harassment, or because a supervisor witnessed behavior that they believe violates a workplace rule … and the list goes on. This session gives a practical overview of workplace investigations, with special emphasis on pre-investigation considerations. Topics will include such critical issues as – 

  • How and when to start an investigation;
  • Who should conduct the investigation;
  • Who should be interviewed and in what order;
  • Whether interviews should be in-person or conducted remotely;
  • What questions should be asked; and 
  • How to document the investigation’s findings.

– Leonard B. Segal

4 Rules of Discipline Documentation
  (60 MINUTES)
Includes comparative examples of ineffective and effective disciplinary memos!
A legal “how-to” guide for documenting and communicating employee performance and behavior problems. This fast-paced session is filled with examples of good and bad documentation, plus instruction on how to successfully document to improve performance and prepare for litigation.
– Robert C. Boisvert, Jr.

The Termination Meeting – A Step-by-Step Guide
  (60 MINUTES)
Includes helpful checklists!
You know you must terminate; the question is how to do so without inviting lawsuits. Learn how to plan and execute the termination meeting including –

  • Talking points that deter problems and increase comfort and respect;
  • Potential questions and how to answer them;
  • Practical tips on what and how to collect employer property; 
  • What to do differently when you must carry out the termination meeting remotely;
  • And more.

– Tom Marshall

Separation Agreements and Releases – 7 Mistakes Employers Make
  (45 MINUTES)
7 important lessons for employers as they consider, offer, negotiate, and implement separation agreements and releases in discharges that may be related to potential or actualized disciplinary matters.
– Laura Farley & Mary Thomas

Navigating 2022’s Hot-Button Discipline and Discharge Decision-Making – Plaintiff and Defense Perspectives
  (60 MINUTES)
To cap the day, join us for a session that applies principles you’ve learned throughout the seminar to ripped-from-the-headline issues including –

  • Refusals to follow employer-mandated safety protocols, including vaccination – or complaints that an employer’s protocols are insufficient to ensure safety;
  • Refusals to return to work after having worked remotely during the pandemic; and
  • At-work or off-work political speech or activity.

– Michael J. Moberg & Kaarin Nelson Schaffer
– Liane M. Wong, Course Chair (moderator)


Other discounts that may apply:

Scholarships available!
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or customerservice@minncle.org.

Minnesota CLE is applying to the Minnesota State Board of CLE for 6.25 CLE credits, including 1.0 elimination of bias credit. The maximum number of total credits attendees may claim for this program is 6.25 credits.

Minnesota CLE also has applied to the Minnesota State Bar Association for 6.25 labor and employment law specialist credits.

Depending on the jurisdiction in which you practice, you may or may not be able to claim credit for viewing this on demand seminar. Please check with your licensing agency for accreditation information.