1. Covering Your Assets: Practical Guidance on Avoiding Litigation W
Covering Your Assets: Practical Guidance on Avoiding Litigation W. Jonathan Martin II

2. Why Should I Care?

4. Let’s Talk About Numbers
Jury Awards $13 Million in Disability Discrimination Case (Las Vegas, Nevada 1999)
Jury Awards $ Million Verdict in Age Discrimination Case (Youngstown, Ohio 2001)
Mitsubishi Motors Settles Sexual Harassment Lawsuit for $34 Million (Normal, Illinois 1999)
Coca Cola Settles Race Discrimination Lawsuit for $192.5 Million (Atlanta, Georgia 2000)
Government Will Pay $508 Million to Settle Sex Discrimination Suit (CNN – March 22, 2000)

5. Business Week
April 23, 2007

6. Option 1

8. Option 2

9. Let’s Talk About the LAW

10. Georgia Employment Law
Georgia recognizes the doctrine of employment at will. Employment at will means that in the absence of a written contract of employment for a defined duration, an employer can terminate an employee for good cause, bad cause or no cause at all, so long as it is not an illegal cause.

11. Employment Law Generally
Missouri follows the Employment-At-Will doctrine. This means that both the employer and employee can terminate the employment relationship at any time and for any reason, as long as there is no employment contract to the contrary, there is no discrimination under civil rights laws (based on race, color, age, national origin, religion, ancestry, sex, or physical/mental disability), no merit laws apply, or the state’s limited public policy exception does not apply. If you feel you have been discriminated against while on a job or while applying for a job, you have the right to file a complaint with the Missouri Commission on Human Rights.

12. Overview Title VII of the Civil Rights Act of 1964 Equal Pay Act
Age Discrimination in Employment Act
Americans with Disabilities Act
Uniformed Services Reemployment (USERRA)
Immigration Reform & Control Act
Family & Medical Leave Act

13. Overview National Labor Relations Act Fair Labor Standards Act
Occupational Safety & Health Act
Voting Time & Jury Duty
Workers Compensation
Employment of Minors
And There Are State Laws Too!

14. Discussion Question

15. Protect Your Investment: Educate, Motivate & Rehabilitate!
Verbal Counseling
Written Warning
Final Written Warning / Suspension
Termination

16. What Should Be Contained In A Disciplinary Memo
Date
Specific Violation
Mention Any Prior Related Discipline
If No Improvement- What Will Happen?
Employee Response
Signature of Employee
Supervisor’s / Manager’s Signature

17. Let’s Talk About the Getting The Most Out of Your People
Let’s Talk About the Getting The Most Out of Your People! 3 Rules for Managing People
Leading

18. 7 “Leaders” You Can’t Afford
I’m The Boss Don’t You Forget It!
Uncertain (“My Boss Is Telling Me . . .”)
Inconsistent “Leaders” (Favoritism)
Deceptive (Promises They Don’t Intend To Keep)
Foul Language “Leaders”
Negative “Leaders”
Absent “Leader” (Always In Office)

19. Practice # 1
Make Common Sense
Common Practice

20. ABC’s Of Employment Law
A - Always
B - Be
C - Consistent
D - Document
E - Everything

21. Practice # 2
Take a Second Look At
First Impressions

23. Follow The Golden Rule And The Gold Will Follow!
Final Practice
Follow The Golden Rule
And The Gold Will Follow!

24. It’s Not the Big Things . . .

25. Maintaining Morale: 6 Ways to Reward Employees
Volunteer to do Person’s Least Desirable Work for an Hour
Paychecks Go Out –Write a Note Concerning Employee’s Accomplishment
Have Lunch or Dinner with an Employee or Group of Employees You Don’t Normally Spend Time With
Look for Opportunities to Recognize Employees
Visit Employees in Their Time of Need
Praise Employee in front of Spouse or Children

26. I’m No Rocket Scientist . . . But
Insanity: doing the same thing over and over again and expecting different results.
Albert Einstein US (German-born) physicist ( )

27. Questions?