Schenck Price Smith & King, LLP PROTECT YOUR ORGANIZATION

Slides:

Advertisements

Similar presentations

Managing the Risks of Wrongful Discharge Claims Raymond L. Hogge, Jr. HOGGE LAW Attorneys and Counselors at Law 500 E. Plume Street, Suite 800 Norfolk,

Advertisements

THE CONSUMER PRODUCT SAFETY IMPROVEMENT ACT: WHISTLEBLOWERS KURT STITCHER LEVENFELD PEARLSTEIN, LLC DRI PRODUCT LIABILITY CONFERENCE APRIL 16, 2009.

Employer and Employee Rights This Power point is an “interactive” review of the material from Ch. 31.

Jury Verdict Survey a presentation by: Matt Dow Jackson Walker L.L.P.

How to Prevent Retaliation Claims Presented by Audrey J. Forbush.

An Employer’s Guide to Avoiding Criminal Liability: Examining the Confluence of Criminal And Employment Law State Bar of Texas 16TH ANNUAL ADVANCED EMPLOYMENT.

SEXUAL HARASSMENT High Profile Issue: EEOC Report on Cases:

Title VII of Civil Rights Act of 1964 Employers with 15 + Employees No Discrimination in Terms or Conditions of Employment Based on Race, Color, Sex, Religion.

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Chapter 33 Equal Opportunity in Employment.

 Most states have whistleblower protection laws, although some apply only to public- sector employees.  Some whistleblowers are protected under laws.

Employment Regulation in the Workplace: Basic Compliance for Managers by Robinson, Franklin, and Wayland Chapter 3 Intentional Discrimination: Disparate.

Labor-Management Relations l Federal legislation re: labor-management power »labor unions l Labor policies and legislation »wages and income maintenance.

STAFFING PROCESS Human Resources Management. Involves: Planning for Attracting Developing Retaining  employees.

CHAPTER THREE Title VII of the Civil Rights Act of 1964.

Whistleblowers BOH4M. What is a Whistleblower? A person who tells the public or someone in authority about alleged dishonest or illegal activities occurring.

© 2010 Smith Moore Leatherwood LLP. ALL RIGHTS RESERVED. RETALIATION CLAIMS: DOES THIS PROTECTED CLASS ECLIPSE ALL OTHERS ? Presented by: Patti W. Ramseur.

Comprehensive Volume, 18 th Edition Chapter 42: Equal Employment Opportunity Law.

Essentials Of Business Law Chapter 28 Employment Law McGraw-Hill/Irwin Copyright © 2007 The McGraw-Hill Companies, Inc. All rights reserved.

Iowa Civil Rights Commission Disclaimer The information contained in this presentation is a brief overview and should not be construed as legal advice.

Human Resources: Objectives 1. Describe work environment of desired career positions 2. Relate environments to hiring policies and procedures. 3. Describe.

MIRMA SPRING TRAINING 2014 PRESENTED BY JANE DRUMMOND WHISTLEBLOWER PROTECTIONS EMPLOYMENT PRACTICS UPDATE.

Equal Opportunity in Employment. The Employment Agreement Employment at Will Contracts –employees can quit at any time and employers can fire you at any.

Discrimination in Employment Chapter 9 Group 2 Josh, Angelique, Gary, Jessica, & Roni Chapter 9 Group 2 Josh, Angelique, Gary, Jessica, & Roni.

© Zurich Re EMPLOYMENT PRACTICES LIABILITY Peter Szendro Zurich Reinsurance (North America), Inc.

Chapter 33 Equal Opportunity in Employment. Civil Rights Act of 1964  Statutes that outlawed employment discrimination against certain classes  Providing.

Chapter 19 Equal Opportunity in Employment. Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.19-2 Title VII of the Civil Rights Act.

1 Equal Employment Opportunity and Discrimination in Employment.

The Americans with Disabilities Act. Introduction Protects people with disabilities from discrimination Public school- employment, general nondiscrimination,

Discrimination – Employment Law. Title VII of the Civil Rights Act Addresses Employment Prohibits employers w/15 or more from discriminating against protected.

Section 15.2 Employee Rights. Section 15.2 Employment Rights The government has passed laws to protect the rights of employees to: health and safety fair.

Chapter 19.  Equal opportunity in employment: The rights of all employees and job applicants  To be treated without discrimination  To be able to sue.

Chapter 41 Equal Employment Opportunity Law Twomey, Business Law and the Regulatory Environment (14th Ed.)

© 2004 West Legal Studies in Business, a Division of Thomson Learning 16.1 Chapter 16 Employment Discrimination.

Avoiding Retaliation Claims Angie Rogers Webb & Eley, P.C. Post Office Box Montgomery, Alabama Telephone: (334)

Chapter 13 Employment Discrimination Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written.

Reading Blast Learning Center 300 SW Learning Blvd Reading Center, OK Hours of Operation : Monday – Friday 8:00 – 12:00 & 1:00 – 5:00.

Business Law and the Regulation of Business Chapter 42: Employment Law By Richard A. Mann & Barry S. Roberts.

SEMINAR TWO Employment Law 1. Holiday Schedule:  Holiday Break begins 12/21 – ½  Only one day for week 3 material and assignments  Cover week 2 and.

Chapter 7 Employment Law Halsey/McLaughlin, Legal Environment You will be able to answer the following questions after reading this chapter: What is an.

Leaves From Work for Injuries and Other Medical Conditions

Employee Harassment Prevention Workshop: A Brief Overview of the Law

AMERICANS WITH DISABILITIES ACT

Sexual Harassment Prevention Training

Chapter 3 Title VII of the Civil Rights Act of 1964

CHAPTER 4 LEGAL AND ETHICAL PRINCIPLES

Schenck Price Smith & King, LLP HARASSMENT & DISCRIMINATION –

Laws Affecting Human Resources Management

Discrimination In Employment

Protecting Your Organization from Retaliation Claims Raymond L

Your Rights in Places of Public Accommodation

COMING TO THE HIPAA PARTY: TIPS FOR IT SUPERHEROES &

Attorney Roger D. Locklear NC Bar Approved General CLE

Chapter 5 Workers and The Law Chapter 5.2.

NO FEAR ACT Compliance training

CLASS SIX-OVERVIEW OF DISCRIMINATION IN EMPLOYMENT LAW

CLASS FIVE- EVALUATIONS OF EMPLOYEES, AND TERMINATION OF EMPLOYMENT

Employment Laws: Discrimination, Harassment, CEPA, OSHA

Title VII of the Civil Rights Act of 1964

Proving Discrimination and Retaliation

The Medical Assistant as Human Resources Manager

EQUAL OPPORTUNITY IN EMPLOYMENT

Chapter 5 Lesson 2 Workers and the Law.

Chapter 40 EQUAL EMPLOYMENT OPPORTUNITY LAW

E. Planning and Preparing to Manage a Small Business

The Business Case for EEO

NEW JERSEY PAID SICK LEAVE: WHAT EVERY EMPLOYER SHOULD KNOW

Chapter 18: Employment Discrimination

EQUAL OPPORTUNITY IN EMPLOYMENT

Chapter 33 Equal Opportunity in Employment

Presentation transcript:

Schenck Price Smith & King, LLP PROTECT YOUR ORGANIZATION WHISTLEBLOWER LAWS: WHAT YOU NEED TO KNOW TO PROTECT YOUR ORGANIZATION Presented by: Deborah A. Cmielewski, Esq. November 18, 2016 9:00 a.m. – 10:30 a.m. © Schenck Price Smith & King, LLP

WHAT WE’RE NOT DISCUSSING - WHAT WE’RE NOT DISCUSSING - Title VII of the Civil Rights Act of 1964 - Age Discrimination in Employment Act - Americans with Disabilities Act - Equal Pay Act - ERISA - OSHA …and so on and so forth…

“…New Jersey is one of the broadest-reaching whistleblower laws in the country. . .”

NJ Conscientious Employee Protection Act (“CEPA”) N. J. S. A NJ Conscientious Employee Protection Act (“CEPA”) N.J.S.A. 34:19-1 to 8

NJ Conscientious Employee Protection Act (“CEPA”) N. J. S. A NJ Conscientious Employee Protection Act (“CEPA”) N.J.S.A. 34:19-1 to 8 (cont’d) - Prohibits all public and private employers from retaliating against employees who disclose, object to or refuse to participate in certain actions that employees reasonably believe are illegal or in violation of public policy.

ELEMENTS Reasonablebelief Qualified activity Retaliatory action Causal link

REASONABLE BELIEF Reasonable belief employer’s conduct violated a law or regulation or a clear mandate of public policy ˜NOTE: the employee doesn’t need to be right˜

EXAMPLES Patient care Safety/hygiene Billing practices

QUALIFIED ACTIVITY (“Whistleblowing”) Disclosing Threatening to disclose Refusal to participate Good faith

RETALIATORY ACTION Adverse employment action against the employee

RETALIATORY ACTION RETALIATORY ACTION (cont’d) Termination Demotion Suspension

CAUSAL LINK

DAMAGES Emotional distress Back pay Front pay Lost wages and benefits Interest Costs and attorney’s fees Punitives

REMEDIES Injunctive Relief Reinstatement - Same or equivalent position - Full fringe benefits - Seniority rights

Maintain policy Distribute notice Open hotline Paper, paper, paper

Serving Our Clients And Community For Over 100 Years www. spsk Serving Our Clients And Community For Over 100 Years www.spsk.com Deborah A. Cmielewski, Esq. (973) 540-7327 dac@spsk.com