Handling High Risk Situations While Avoiding Significant Liability

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Handling High Risk Situations While Avoiding Significant Liability

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Good judgment will serve HR Professionals well in handling most employee relations matters.  However, there are three special situations where legal requirements dictate very specific handling to avoid significant employer and personal liability: Reasonable Accommodation Requests, Drug and Alcohol Abuse, and Disclosures of Medical Conditions. HR Professionals will learn how to coach leaders to meet all legal requirements and comply with policy when handling these special situations.

Basic Course Information

Learning Objectives

  • How to coach your leaders in effective employee relations practices that minimize employer and personal liability
  • Get scripted responses to use in sensitive employee relations situations
  • How to avoid senior managers saying to HR “You should have anticipated this” after an avoidable legal claim

Major Subjects

Reasonable Accommodation Requests, the tactics to respond appropriately to:

  • Requests for accommodations for religious practices.
  • Requests for accommodations for disabilities.

Coworkers’ inquiries regarding accommodations that they observe. Drug and Alcohol Abuse, the tactics that will to fairly:

  • Discuss conduct or performance problems with an employee with a potential alcohol or drug problem.
  • Confront an employee in an obvious impairment situation.
  • Make corrective action and/or termination decisions for substance abuse without violating the disability laws.
  • Reintegrate an employee after substance abuse rehabilitation.

Disclosures of Medical Conditions, how to effectively:

  • Handle an employee’s disclosure of a potentially contagious infection.
  • Prevent workplace disruptions over potentially contagious infections.
  • Make retention decisions.

Michael J. Mirarchi is recognized as a leading expert in employment-related lawsuit prevention. As an Employee Relations Counselor, he is dedicated to helping employers stay litigation-free. Drawing from over 30 years of experience in employment and labor law, as an employer defense attorney and as a Human Resources Vice President, he developed a unique litigation-avoidance program. Through it, participants acquire significantly increased practical knowledge and a higher level of confidence in addressing employee relations issues than they have ever had before. He has presented his “Reset the Clock” program over 1,200 times to more than 30,000 leaders at employer facilities across North America. Mr. Mirarchi believes that the vast majority of leaders want to exercise their abilities with fairness, integrity and professionalism. Nevertheless, if you lead people long enough, there are plenty of opportunities to run into potential liability situations. In these situations, leaders who know what to do and how to do it have a tremendous advantage over those who don’t, in avoiding lawsuits. He has presented the HR Professional version of this program for SHRM Chapters across the country, annually for Dallas HR. In 2013, Mike was recognized as the first inductee into the HRSouthwest Conference Speaker Hall of Fame. Over the last 25 years, he has consistently been one of the highest-rated speakers, excelling in content, professionalism and delivery. In conjunction with various employer, industry and professional associations, he has conducted live TV broadcasts, webinars and on-line employee relations programs, in addition to presenting at their regional and national conferences. Mr. Mirarchi has a B.S. in Business Administration and a Law Degree from Seton Hall University.

 

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Handling High Risk Situations While Avoiding Significant Liability

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